| 英文摘要 |
The prime models of torts law include right model and loss model. Paragraph 1, Article 33 of the Marine Pollution Control Act (’’MPCA’’) amounts to loss model. Regarding the nature of pure economic loss (’’PEL’’), under the legal practices in Taiwan, it shall be treated as interest, and not be claimed in accordance with the first sentence of paragraph 1, article 184 of Taiwan Civil Code. Under the English and American common law, it shall amount to the concept of loss. Duty of care is the control device of PEL under the English common law, while PEL is excluded in principle under the American common law. Regarding PEL due to oil pollution from ships, it is protected under the relevant international conventions, the UK and US legal regimes. However, it will (or shall) be limited by the causation between pollution and loss. It shall be satisfied with sufficiently close link of causation requirement by the Claim Manuel of IPOC Fund, while with the direct requirement under the UK case law. As for the American law, it is unclear. Under Taiwan legal regime, PEL shall be protected in accordance with the Paragraph 1, Article 33 of MPCA, and the causation shall be fulfilled with the direct requirement in order to restrict the scope of compensation.
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