Research On The Right Of Insurance Subrogation

The right of insurance subrogation also called "Insurance right of recourse" or "transfer of equity". It is a right of petition for the third party by law, after the insurer disburses the insurance compensation money to the insured, because the insurance subject matter is damaged in virtue of the responsibility of the third party causing insurance accident. The institution of insurance subrogation is the combination of the subrogation in Civil Law and the doctrine of indemnity in insurance, which is one of the main contents in Insurance Law, and is approved by every country in legislation. If the use is full made ,the insurance subrogation can not noly reduce the risk of insurance business and promote the insurance profits,but also show the justice of law and improve the development of insurance business healthily. However, because insurance right of subrogation is not only restricted by civil law, but also owns the characteristic of the rule of inimitable commercial acts. It refers to three parties, and its legal relation refers to the legal relationship of insurance contract and tort (or breach of promise), besides, legislative faultiness and different value orientations of researchers, which come forth disunity of the recognition of the insurance right of subrogation. To make it useful and have certain instructional significance for reality, this article is a research based on the disunity of the recognition of the insurance right of subrogation and the faultiness of legislation, gaining the unite recognition from controversy and predecessor's research result.So, research on the Right of Insurance Subrogation has profound theoretical basis and vital practical significance.There are total about 50 thousands words in this paper.This article is divided into three parts exclouding introduction and ending words .Chapter one analyzes theory of insurance right of subrogation. It tell us from the emerging and conception of insurance right of subrogation, and indicates that insurance right of subrogation is a kind of legal transfer of creditor's rights in nature, through the analysis of the emerging, legal relationship, characteristic, value, essence etc. There are another two conceptions that will be compared with insurance right of subrogation in this chapter named insurance devolution and creditor right of subrogation to understand the recognition of insurance right of subrogation. Chapter two introduces the exercise of insurance right of subrogation. This chapter analyzes the establishment of insurance right of subrogation, the basic theory and the restriction about the exercise of insurance right of subrogation, and especially analyzes the use of insurance right of subrogation in several special insurances. Chapter three discusses several disputed facts about insurance right of subrogation. It emphasizes some ordinances with more disputes but faultiness or losing in legislation, and make relevant suggestion: that the insurer exercising the right of subrogation should justify paying the insurance compensation; the insurance compensation of inadequate insurance should be distributed by proportion ,according to the proportion of insurance subject matter assumed by the insurer and the insured; the definite items of the staple of the insured's synergic obligation , the cost of exercising the synergic obligation should be stipulated by the law; and if the insured doesn't exercise synergic obligation, he or she should liable for relevant legal responsibility etc.The basic thoughts of this paper are that it begins with legislative situation of our country's active insurance system of recourse, and stands on the basic theory of civil and commercial laws, and combines with the latest research results of domestic and foreign countries', This article uses the combination of theory and practice aspects,and adequately uses the method of historical analysis, comparative analysis, and positive analysis to lear and analysis from the eyes of law and sociology, and achieves some some fruits as fllows: the article introduces a comprehensive analytical framework to research the right of insurance subrogation; the article put forward that the regulations about insurance subrogation in legislation are not perfect and unite ,so the right of insurance subrogation can not be used in practice; The essence of raising insurance subrogation is the meas that given by law to the insurancer to reduce the losing of risk,and is a way to reasonably match the social resource;The insurance compensation money should be distributed by proportion ,according to the proportion of insurance subject matter assumed by the insurer and the insured etc.