A Study On The Subrogation Of Marine Insurance Law

The thesis analyzes and compares the regulations on the right of subrogation in domestic and overseas statute laws, and discusses the related regulations in domestic laws concerning the right of subrogation of marine insurance. To present an in-depth and systematic study and discussion, the treatise studies some questions closely related to the right of subrogation, and tries to shape an independent view in terms of some controversial questions. Starting from the concept of the subrogation on marine insurance, the treatise studies the name and limitation of subrogation. Furthermore, the treatise explains the relationships between the right of subrogation and the right of the insurant to ask for compensation from the point of the purpose of the law of subrogation; at last, the treatise discusses the relative issues in litigation of subrogation of marine insurance.First, starting from the concept of the right of subrogation of marine insurance, the chapter discuss the legal basis of the right of subrogation principle and compare the right of subrogation and other conceptions The legal basis is the reasonable background of which subrogation can exist and develop. It is also the key to understand the right of subrogation in a macroscopic point. So it is very important to analyze the legal basis of the right of subrogation.Second, discuss the name of the exertion of right of subrogation. Although our country has confirmed that underwriter should exert right in his own name I still believe it is necessary to analyze it in theory and compare it with the different regulation in England because it is one of the most important differences between subrogation system of china and English.