On Marine Insurance Subrogation

The right of subrogation has always been one of the hot topics of marine insurance theory. There are many disputes on the theoretical base, nature of law, scope of validity, conditions of exertion, and legal prescription of the subrogation in the academic field. Though lots of articles have been published on this subject, it is a pity that most of them merely interpret the current stipulations of the law. As a result, many of these viewpoints are inadequate. In practice, with fierce competition in the insurance market, marine insurers are attaching greater importance to the right of subrogation. Accordingly the number of subrogation suits is increasing every year in China. At present, three laws are applicable to the right of subrogation in China: Maritime Code of the People's Republic of China, Insurance law of the People's Republic of China and Special Maritime Procedure Law of the People's Republic of China. The former two prescribe the substantive right of subrogation; the latter founds the corresponding procedural right. The relevant stipulations of these laws are very important to protect the legal right of marine insurers. However, the existing laws of China are oversimplified on this subject, and some stipulations are even disputable which may lead to contradictory judgments in different Chinese courts. This dissertation tries to study marine insurance subrogation based on the principle of civil law. The aim is to clarify some incorrect viewpoints and stipulations in existing laws, and put forward some suggestions on the amendment of Maritime Code of the People's Republic of China and other laws.