Research On Right Of Subrogation

The right of subrogation is a confirmation of the common system, the current depends academic circle more uniform view insurance for the right of subrogation in property insurance, the subject matter insured accident that presumption total loss, or objects of insurance for third party liability insurance for the damage caused by the insurer in accordance with the contract to perform the responsibilities of compensation, according to the subject or a claim for loss of the subject-matter insured is responsible for the right of recourse against any third party. This right of subrogation system designed to prevent the insured by insurance for the accident was caused by moral risk, and secondly, to prevent the third party escape from the infringement or breach of the loss caused by the insured, the punishment, finally through a system for the right of subrogation, the insurer shall be made to maintain their legitimate interests of the effective way to the right of subrogation exercised in the insurance company funds of the security and normal operation. But on the right of subrogation, academic circle and business sector in some questions on certain differences mainly embodied in the following aspects:Firstly, the nature of subrogation, the right of subrogation rights belonged to the range of the obligatory claim, but also have different ideas that range should belong to the formation of character.Secondly, about the subrogation to exercise in the world, and there are two kinds of construction, one is generation of legal doctrine. Another is request of subrogation. on behalf of the right of subrogation exercised should pay attention to meet certain conditions.Thirdly, the scope of subrogation, this is the present dispute was fierce, tradition only property insurance policies apply the right of subrogation, because the property of matter to the nature of the decision, but there is another kind of sound think insurance categories of individual should also apply for the existence of subrogation rights may and necessity, and social insurance may apply for the right of subrogation, I had the argument in this paper.Fourthly, There is disputes in that application of subrogation, in our country depends on the object of such a situation, but no specific provisions. The analysis of the situation whether organs and functionaries of it could be the right of subrogation exercised object or not.Finally, in the interpretation of the problems at the same time, writer discussed the origin of subrogation, the condition that the insurer gives up in the third party of subrogation. Finally the writer analysis why the right of subrogation is not understood very well in the current insurance market. At last, the writer gives his opinion.The writer tried to discuss the problem in the system of subrogation in a systematic way to deal with the problem in legislation and insurance market and wish to make the insurance market improved actively.