Study On Procedural Issues Of The Exercise Of The Right Of Subrogation In Maritime Insurance Lawsuits

In view of the stipulation in Maritime Code of PRC:"Where the loss of or damage to the subject matter insured within the insurance converge is caused by a third person,the right of the insured to demand compensation from the third person shall be subrogated to the insurer from the time the indemnity is paid."After the Insurer obtains the right of subrogation in maritime insurance,but how to perform such right is a core problem in both theory and practice.In order to do some research on this problem,the anther writes this thesis.This thesis can be divided into four chapters.The first chapter is about the basic theories of the right of subrogation in maritime insurance.Mainly introduces some theoretical problem,such as:the legal concept of fight of subrogation in maritime insurance,the differences between the right of subrogation in maritime insurance and other rights,object of procedure of the right of subrogation in maritime insurance, theoretical basis of the right of subrogation in maritime insurance.The second chapter is to figure out that in whose name the right of subrogation in maritime insurance shall be performed.Based on the introduction of stipulations in law and practice of the relevant countries,analyzes that in whose name the right of subrogation in maritime insurance shall be performed in theory.The third chapter is about the limitation of exercising right of subrogation in marine insurance,referred to how to exercising it legally in the lawsuit,which is about the limitation of the object,scope and timebar.The fourth chapter focuses on some other issues about the right of subrogation in marine insurance,in which the author mainly introduces the documents needed for taking action and the verification of the insurance contract.This thesis begins from the theory analysis of the right of subrogation in marine insurance,then discourse upon the regulation on it in common law from which this right raised.At the same time,the author distinguishes this right from other similar rights. The dispute that who is entitled to exercise it never vanishes away,there are many distinctions on the way to handle it from this country to other countries.It brings confusion to the judicial practice,which maybe ceases by the publication of special maritime procedure law of PRC.There are so many limitations on the right of subrogation in maritime insurance both in theory and in practice,In order to protect the legal interests of the insurer,not to infringe the legal interests of the insured or bona fide third parties,this paper analyzes such limitations in detail.