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船舶油污损害赔偿中纯粹经济损失是否可赔,理论界和实务界一直莫衷一是。本文通过在法理上和在法律文件上两个层面的分析得出:船舶油污损害赔偿的范围应包括纯粹经济损失,但仅笼统说明纯粹经济损失与油污损害之间存在因果关系是不够的,须证明二者间存在合理近因,公约体系所列出的具体标准非常理性,当前处理油污损害赔偿案件时,可参考公约,将其视为国际惯例来适用,今后也应以其为蓝本加快相应国内立法的进程。
Ship oil pollution damage compensation in purely economic losses are compensable, the theoretical and practical circles have been mixed. Based on the jurisprudence and legal documents, this paper draws the conclusion that the scope of compensation for ship oil pollution should include pure economic loss. However, it is not enough to say that there is a causal relationship between pure economic loss and oil pollution damage. Prove that there is a reasonable near cause between the two, the specific standards listed in the Convention system is very rational, the current handling of oil pollution damage cases, can refer to the Convention, regarded as an international practice to apply, in the future should also be modeled on it to speed up the corresponding The process of domestic legislation.