海上運送業之船舶航行於海洋，往來於各國的港口間從事旅客、貨物之運送業務，於各港口相關事務之處理多雇用船務代理人為之。船務代理乃是指受船舶運送人委託，在約定授權範圍內，以委託人名義代為處理船舶客貨運送及其相關業務而受有報酬之人，船務代理所扮演的角色，不僅對運送方具有重要性，對於託運人、受貨人等貨方，亦具有相當的重要性。貨物若在海上運送期間發生損害，由於貨方及其保險人並未真正接觸運送人，亦無法從相關單證上得知運送人之詳細資料。再者，保險人在賠償貨方損失後，因所剩之法定索賠期間甚短，依我國保險法及民法之相關規定，要實際向運送人為相關之通知，確有困難；但若認定船務代理有處理貨損索賠之權，則向其送達即對身為本人之運送人發生效力。本文從我國通說對於保險代位之性質及其法律效果，造成海上運送貨損代位索賠有所困難為起點，詳細分析保險代位的內涵，並從代理理論切入，尤其是我國學說上剛萌芽的商事代理為論述，得出船務代理人應有處理貨損之權利，最後並對最高法院相關判決為評析。希冀因本文之分析，對我國海上運送貨損代位索賠中船務代理地位之法律問題解決，能有所助益。

The ship in marine transportation sails between ports worldwide to carry passengers and goods and the carrier employs the ship agent to handle the related affairs in the local ports. Ship agent is the party destined by the carrier to deal with the related affairs of carriage and shipments on behalf of the latter and in consideration of rewards. The role of ship agent is important to both carriers and cargo interests, including shippers and consignees. If the cargo is damaged in the process of marine transportation, since cargo interests and their insurers do not contract with the carrier in person and the related information of the carrier cannot be collected from the carriage documents and the statute limitation is close to exhausted after insurance claim-handling, it is difficult for the cargo interests and their insurers to inform the carrier in accordance with the Civil Code and Insurance Act in Taiwan. However, if the ship agent is seen to have the authority of processing the cargo claims, the notice sent to the ship agent takes effect to the carrier as of the carrier's actual receipt. The author introduces the nature and effect of the subrogation in the opinion of majority which results in some failures in marine subrogated cargo claims in the very beginning and analyzes the contents of subrogation; in addition, the author uses the theory of agency in detail, especially the commercial agency which is in the developing stage of our academic theory, to result in that the delegation scope of the ship agent contains the authority of processing cargo claims. Finally, the author comments on the Supreme Court case based on the aforesaid theories. The author hopes that the contents of this paper could be adopted as one of the reference resources so as to settle the related issue of the role of ship agent in subrogated claims.