Execution And Legal Protection Of Insurance Subrogation Right

With insurance subrogation right system as the subject of investigation and in light of the common logic method by which people understand things, the paper first gives an outline of the insurance subrogation right system and analyzes its origin, theoretical basis, properties, characteristics, and intrinsic function, laying a sound theoretical basis for the following study of the topic. The paper then focuses on discussing the execution and legal protection of insurance subrogation right, points out the present legal defects in this system and finally makes relevant legislative proposals.The paper is composed of introduction, body and conclusion, with the core body comprising four chapters.Chapter 1 gives an overview of insurance subrogation right, analyzes its jurisprudential basis and reveals its civil law origin. It then analyzes the properties and characteristics of insurance subrogation right, points out that this right is a legal right and a transferred creditor's right in property and has legal, compensatory and dependent characteristics and finally summarizes the function of insurance subrogation right by analyzing the various relevant academic viewpoints and theories.Chapter 2 is about the execution of insurance subrogation right, it first analyzes the occurrence and acquisition of the right, then discusses how to exercise the right including such contents as the principal and the object of the execution, studies the restrictions in relation to the execution of the insurance subrogation right and points out that though this right is of legal property, whether the insurer can realize the right-corresponding benefit when acquiring the right will be subject to the restriction of multi-factors.Chapter 3 discusses the legal protection of the insurance subrogation right. It analyzes the insured's obligations of assistance and preservation when the insurer exercises the insurance subrogation right, and the possible impact of any abandonment of right the insured made in different periods on the insurance subrogation right.Chapter 4 analyzes the defects of the insurance subrogation system and makes relevant suggestions. Based on the study of the previous three chapters, it points out the many defects presently existing in the legislation in relation to the right, and further makes legislative proposals on the issues of the execution of this right and its legal protection.