The Study On The Right Of Insurance Subrogation

As an important part of insurance legal system, subrogation is the product of the combination of subrogation right of civil law and the principle of compensation in insurance law system, has now been confirmed as a basic system by most of the countries and regions in the world. Due to the inappropriate regulation about the rights of subrogation in insurance and the detailed study in this field is absent, which cause many problems in the practice. This paper aims to interpret the true meaning and study the theory foundation of the rights of subrogation in insurance, as well as how to exercise and protect this right. This paper is consisted of preface, body and conclusion. The body is consisted of four parts as following:Chapter one introduces the basic theory about the rights of subrogation in insurance. It interprets the concept of the rights of subrogation in insurance in the very beginning. Then it studies the fundamental theory of the rights of subrogation, namely, the principle of compensations in insurance. This paper further analyzes the legal nature of the rights of subrogation in insurance - a special kind of creditor's equity transfer. This paper also makes a comparative analysis between the rights of subrogation in insurance with the rights of subrogation in civil law and the creditor's right of subrogation.Chapter two studies the establishment and acquisition of the rights of subrogation in insurance. In this part, this paper mainly studies the differences between the establishment and acquisition of the rights of subrogation in insurance as well as its establishment, acquisition time and conditions.Chapter three studies the practice of the rights of subrogation in insurance. This paper analyzes the performing name, object, conditions limitation period of act of the rights of subrogation. It also proposes the perfection recommendations of China's regulation.Chapter four studies the protection of subrogation. Starting from the insurance subrogation right to the effectiveness, the article discussed the insured person's assistance obligations, and analyzed the legal consequences of the claim that the insured person given up the right to third person in practice.