Research On The Legal Problems Of Insurance Subrogation

The institution of insurance subrogation is the combination of the subrogation in Civil Law and the doctrine of indemnity in insurance, and is one of the main contents in Insurance Law. Many countries in the world have universally established insurance subrogation. The regulations about insurance subrogation in our law are not perfect, and lack of deeply studying in theories, and there are many problems in practice. So, using the following method, such as jurisprudence analysis and comparative analysis etc, this thesis aims at illustrating the main connotation of insurance subrogation, excavating the theoretical foundation behind insurance subrogation, and defining the operation and legal liabilities of insurance subrogation, so as to perfect insurance subrogation in our country. Apart from the foreword and the concluding remarks, this whole thesis consists of four parts: The first part: The general theory of insurance subrogation. The author first analyzes the connotation of insurance. The essence of insurance subrogation rests with two factors: one is the doctrine of indemnity in insurance, the other is maintenance of public policy. The third the author discusses the essential attribute that insurance subrogation is transfer of credit . The second part: The time that insurance subrogation comes into existence. Starting off an American case, and through the analysis of different designing of the institution of insurance subrogation, the author points out the oversight in our insurance law about insurance subrogation and raises unique opinion. The third part: The movement of insurance subrogation. Based on insurance legislation in our country, through analyzing different legislation and doctrine, the author discusses the whole course of insurance subrogation's emergence, exercise, abandon and elimination because of limitation, and raises some suggestion to perfect legislation in our country. The fourth part: The legal protection of insurance subrogation. The author discusses the insurant's assistant duty and assurance duty and its legal mechanism through the effect of insurance subrogation.