近因原则 proximate cause.pptVIP

近因原则 proximate cause 一、近因原则的意义 近因原则在我国法律上称为因果关系，在英美法中才称为近因原则。虽然解释和确立近因原则的诉讼多与海上保险有关，但这一原则适用于所有的保险。保险中的近因原则是经过了几个世纪才被普遍接受的。 司法解释（草案）第19条 《司法解释三》45条 55 Included and excluded losses 1 Subject to the provisions of this Act, and unless the policy otherwise provides, the insurer is liable for any loss proximately caused by a peril insured against, but, subject as aforesaid, he is not liable for any loss which is not proximately caused by a peril insured against. Leyland Shipping Co v Norwich Union Fire Insurance Soc. 1918  A ship was insured against among other things perils of the sea by a time policy containing a warranty against all consequences of hostilities. the ship, while on a voyage from South America to Havre, was torpedoed by a German submarine twenty-five miles from Havre. The torpedo struck her well forward and began to settle down by the head, but with the aid of tugs she reached Havre on the evening of the same day, when she was taken alongside the quay in the outer harbour. A gale sprung, causing her to bump against the quay, and the harbour authority, fearing that she would sink and block the quay, ordered her to a berth inside the outer breakwater, where she was moored. she remained there for two days, taking the ground at each ebb tide, but floating again with the flood, and finally her bulkheads gave way, and she sank and became a total loss. The shipowners brought an action on the policy claiming to recover as for a a loss by perils of the sea. Held the grounding was not a novus casus interveniens new cases of intercession , and torpedoing was the proximate cause of the loss; and consequently the underwriters were protected by the warranty against all consequences of hostilities. 近因是一种原因，近因原则是一种准则。根据近因的标准去判定数个原因中，哪个是近因，哪个是远因的准则就是近因原则。近因原则确定近因，近因为近因原则提供标准。在实践中，须运用近因原则去分析各种原因，最后找出损失近因的。 近因，非指时间上最接近损失的原因，而是指直接促成结果的原因，效果上有支配或有效的原因。 在美国内战期间，一批咖啡从里约热内卢运往纽约，保单中约定“敌对行为引起的损失不赔”。当时，南部联邦军队处于军事目的熄灭了海特拉斯角上的灯塔，由于船长的判断失误，船的方位出现问题，船冲上礁石，断成两截。船上的120包咖啡获救，后又被