Research On Right Of Subrogation In Marine Insurance

The right of subrogation is one important and ancient stipulation,It had guaranteed the insureds compenste their losses as soon as possible, restores to the original production and the life condition, which has manifested the principle and efficiency of the law of insurance;it has guaranteed the innocent insurer's benefit, thus has manifested legal fair;simultaneously ,it forces the third person who causes the losses to bear the final liability of compensation, thus has maintained society's order. Obviously, the exertion of the right of subrogation has the vital practical significance, the practical needs has led the theory research, overseas had been researching the stipulation for a long time,in our country, their are also many scholars to write books and to establish theorys to research the right of subrogation in recent years. However, because domestic and foreign legal systems and legal background are different. even if in domestic, because the different scholars have different view points, the theory points about the right of subrogation are different.This stipulation is printed in Marine Code,Insurance Code and Special Procedure Law in Marine Litigation, Similarly because of the differences of legislative background and reference law,leading to the differences of their contents.This paper tries to interpret the concept of subrogation,the nature of law,the scope of validity and combining China's present situation,putting forward some relevant suggestion.This article hopes to make some helpness for the practice of subrogation.This paper consists of the preamble,the conclusion and the body which includes four parts.The introduction begines from the historical development about the right of subrogation, draws out the goal of the stipulation: It had guaranteed the insureds compenste their losses as soon as possible, restores to the original production and the life condition, which has manifested the principle and efficiency of the law of insurance;it has guaranteed the innocent insurer's benefit, thus has manifested legal fair;simultaneously ,it forces the third person who causes the losses to bear the final liability of compensation, thus has maintained society's order.Thus it pointed out the important meaning of using the stipulation correctly. However, because of our country's concrete national condition and legal formulation's questions, causing the legislative stipulation and the judicial practice faces the challenge, then has pointed out the paper research primary intention and the significance.The first part elaborates the right of subrogation from its definition, legal nature and legal theory. The right of subrogation of marine insurance is after the insurer compensates the insured's economic loss which caused of the third person, in the insurer compensation's scope, the insurer subrogate use the insured's right to the third party damage compensate right.The right of subrogation of Marine insurance is the rights legal transfer,is the insurer's legal right. The legal theorys are the compensation principle of Insurance Code and the subrogation of civil law .The right of subrogation has many important differences with the subrogation and other conceptions.The second part introduced the acquired time ,condition, as well as exercises name, the scope and the insured's duty when exercises this right. The right begines from the insurer pay for the insured. The right obtains must have the insured posses the right of damage compensate request,the insurer have payed insured's compensation ,etc. In our country ,the marine insurers use their name in the scope of paying the insurer through consultative,lawsuit and the arbitration way to exercise the right.The insureds should help the insurers to realize the right as possible as they can. The third point part mainly analyzed the limit questions of the right of subrogation.The right is used in the property insurance contract, it is not suitable in health, the sickness insurance or accident injury which have the compensation nature. Besides,the insured's family members or its component members create the insurance risk intentionally, the insurer shoudn't use the right of subrogation to the family member or the component members of the insureds.The author considering that the time limit of the right should start in the insureds know the third partys and may compensate to them.The fourth part discusses the legislation questions in our country and some suggestions. Mainly elaborated the right of subrogation lacked of civil law. Proposed some mistakes about substantive law and procedural law and gave some proposals.