Research On The Right Of Insurance Subrogation

As one institution of antiquity and uniqueness, the right of insurance subrogation is stipulated explicitly in the Insurance Law of China. But the scholars don't reach an agreement in the basic theory of the right of subrogation, especially in the legitimacy problem. Someone even suspect it. For not knowing very well about it, there are many omissions in the legislation of our country. The legal provisions are not very clear, either. All of them lead to the problems in the legal practice of the insurance law.This thesis is intended to disclose the innate character and basic theory of the right of subrogation. Furthermore, the problems in the operation and protection mechanism are also discussed. At last, there are some legal suggestions.The first part is about the rationale of the right of subrogation. In this part, the basic theory of this institution is discussed. To retort to the suspicions, there are demonstrations of the legitimacy of this right.The second part is about jural relations and characters of the right of insurance subrogation. The essence of this institution is a special and statutory transference of obligation.The third part is about the operating mechanism and the protection mechanism.of the right of subrogation. The former refers to the method and the limitations of performing the right, it is also involved when the insurant have this right. The latter one discusses the assistant duty of the insureds and the legal force of the insureds' abandoning the right.The last part is about the existing problems in the insurance law and some legal suggestions.