The Right Of Insurance Subrogation Research Chinese

This article topic is the right of insurance subrogation research,mainly is the right of insurance subrogation obtains from the insurancemethod center, carries on the synthesis the elaboration, can have thecomprehensive understanding in order to the right of insurance subrogation,achieves in the practice the good utilization effect. At the sametime, along with the insurance industry development, the theory andthe practice had the new understanding to insurance subrogation system, this article also has made the analysis regarding this, andhas carried on analysis to in our country present insurance methodrelated insurance subrogation legislation, and put forward thecorrelation proposal. The full text altogether divides four parts,presently makes each part the following outline:First part: Insurance method basic theory. This part revolved theinsurance method basic theory to analyze the insurance method fourtheories questions.First, elaborated the right of insurance subrogation legal significance.This question has made the brief outline to the right of insurance subrogation system in the overseas establishment and in China's development.Also and the right of insurance subrogation essence has made the thoroughanalysis to insurance subrogation system establishment goal, to thetheory about the right of insurance subrogation essence three theories,namely prevents the insured not when profits said, avoids the thirdperson Exempts the responsibility mediating reduces the insurer to bear said did hasanalyzed and proposed myself to the right of insurance subrogation essenceunderstanding, namely proposed the right of insurance subrogation essencewas safeguards the insurance function the full display.Second, elaborated the right of insurance subrogation right nature, the right of insurance subrogation essence is one kind of right letswith, insurer the generation of position power which exercises to thethird person from the right nature says still compensates the requestpower, this kind of right lets with in exercise in the potency, thecondition, the right of object, the nature with the contract law increditor's rights transfer has differently.Third, elaborated the right of insurance subrogation r tenable time and thetenable matter. the right of insurance subrogation tenable time intheoretically has two viewpoints, its one, the right of insurance subrogation is established to the insurance contract works out time; Itstwo, the right of insurance subrogation is established the right of insurance subrogation constitution important document completely obtainssatisfies time. This article made the analysis to these two kind ofunderstanding to propose the right of insurance subrogation was establishedto the insurer pays when the insurance money the viewpoint.the right of insurance subrogation establishment premise was the insuredmust have the compensation request power to the third person, thisarticle is the right of insurance subrogation establishment matter analyzes inthe contractual relationship during the affirmation abuse of authorityfrom the example to break a contract the behavior also to be allowedto become the right of insurance subrogation tenable matter. Also fromturned over to the responsibility principle to obtain in addition tothe abuse of authority in the damage compensate request power typemakes the analysis to point out according to the fair responsibility,the insured enjoyed the compensation request power to the third personthe situation not to be able to be suitable the right of insurance subrogationFourth, elaborated the question and the legislation suggestion which the right of insurance subrogation at present faces. Along with theinsurance industry development, the right of insurance subrogation legalsystem and the existence rationality has received the theory question, the right of insurance subrogation exercises in addition also brings somedisadvantageous consequences. This article synthesis the right of insurance subrogation receives each kind of question, proposed changes thepresent legal generation of position system for the agreementgeneration of position system.Second part: The main elaboration the right of insurance subrogation exercisestheory and practiceThe right of insurance subrogation exercising was the right of insurance subrogationimportant question, this article mainly elaborated followingseveral questions: First, theoretically exercised the important document to the right of insurance subrogation to carry on the analysis, establishes the importantdocument which it exercised for the insured to the third person tohave the loss compensation request power, the insurer to the insuredhas paid the insurance money.Second, from the right of insurance subrogation lawsuit main body, thelawsuit had jurisdiction over two aspects to elaborate some practicequestions which the right of insurance subrogation exercised.Third, elaborated the insured to the third person to request the powerthe punishment the influence which exercised to the right of insurance subrogation.Fourth, elaborated the right of insurance subrogation exercises faced withthe difficulty and the solution.Third part: the right of insurance subrogation and is suitable the limitFirst, the right of insurance subrogation applicable scope limit. the right of insurance subrogation mainly is suitable for the propertyinsurance contract, but in theoretically also some scholars proposed the right of insurance subrogation also suitable to has the property naturethe life insurance contract, this article in the nature analyzes the right of insurance subrogation r from the insurance method legislationstyle and the life insurance sign to be only suitable for the propertyinsurance contract.Second, the third person of limit, this article has carried on thelimits to the third person of scope.Third, the right of insurance subrogation exercises the limitation of actionlimit.Fourth, the insured first receives recompenses the principle the limitwhich exercises to the right of insurance subrogation. Obtains the insurerfrom the example analysis to exercise the generation of position powernot to have to affect the insured on the part which compensates to thethird party not to request the compensation the right.Fifth, the right of insurance subrogation volume limit, volume which exercisesfrom the example analysis the right of insurance subrogation should subtractinsured and so on the insurance premium for insurer's actual principlecompensation the price which pays for the insurance.Fourth part: In different type insurance generation of position powerquestionFirst, in the third party risk insurance generation ofposition power question, from the liability insurance respective type,the insurance benefit, the social male equality several aspectsanalyzes, the liability insurance only has in the insured because theinsurance accident has the compensation request to the other people inthe situation, the safe talented person may exercise the generation ofposition power.Second, in the reinsurance the right of insurance subrogation question,first asks a question by the case form: Whether the reinsurance persondoes enjoy the right of insurance subrogation. The reinsurance contract withthe original insurance contract benefit is consistent, but thereinsurance contract and the original insurance contract do not havethe right duty relations, says from this point, the reinsurance personshould not have the generation of position power.Third, in the mortgage insurance generation of position power, themortgage takes out insurance, the insured may be "mortgages theperson", "the person have the mortage right", "mortgages the person or the person have the mortage right". Thispart is "mortgages the person" from the insured, " the person have the mortage right "/'mortgages the person or the person have the mortage right" three kind of situationsanalyzes the insurer whether or not to exercise the generation ofposition power after the payment insurance money to the third person?How exercises the generation of position power?...