The Reconstruction And Feasibility Of Insurance Subrogation Mechanism

It is commonly regarded that the adoption of the principle of indemnity has been the cause for ushering the subrogation. Such a principle of indemnity has been commonly applicable for the claims for liquidated damages instead nowadays of being solely adopted by the insurance acts enactment. The principle of indemnity develops the concept of unechte gesamtschuld on the presumption that most debtors shall assume each all liabilities of indemnity of the origin. Accordingly, the concept of unechte gesamtschuld be applied on the insurance subrogation mutatis mutandis. Therefore, the concept of unechte gesamtschuld has been adopted as the basis for analyzing how the application of such a concept could balance the interest conflicts among the insurer, insured and the third parties.This essay is composed of 8 chapters as below:Chapter1Summary:Descriptions of theresearch motive, methodologies and ranges.Chapter 2 The subrogation in insurance acts:Major descriptions of the subrogation mechanism basis in each of major advanced countries and interpretation of the regulations of subrogation in term of Unechte gesamtschuld.Chapter 3 Unechte gesamtschuld:Major analysis of the mehchanism of unechte gesamtschuld, its theoretical basis,development status, patterns and effectuality. Descriptions, comparisons and analysis for the currently applicable procedures of making claims. Additional analysis for the current practicing of this principle. Chapter 4 The enactment legality of subrogation:Emphasizing regarding the inclusion of the personal insurance featuring the nature of principle of indemnity (namely neutral insurance) as the applicable prerequisite and range of subrogation. Also descriptions of composition prerequisites of subrogation, including the coherence of subject-matter of loss coverage of the insurance and the priority sequence of compensation claims and the subject-matters of subrogation, including the insured, and such national institute as the state government.Chapter 5 The impediment on subrogation: In this chapter, interpretation of the conducting provisionary measure against the third party and subsequent legal impact for the isnured in each phase. Analyzing how to determine the insured’s legal claims, in term of unechte gesamtschuld, in case the insured’s conducting being construed as the impediment for practicing of subrogation.Additional comparisons on the governing laws and acts of some contries.Chapter 6 Conclusions and advices:The pursuit of constituting a more comprehensive subrogation mechanism, including restricted indemnity claims against the counter party, expansion of applicable ranges, and enactment of proper accounting principles.