On The Right Of Subrogation In Marine Insurance

This Dissertation explores the hot issues on the right of subrogation system in marine insurance . It contains six parts. The structure goes like this: the first part, the preface; the second, introduction to the right of subrogation in marine insurance; the third part, the jurisprudence in the right of marine subrogation ; the fourth part, the exercise of the right of subrogation in marine insurance , the fifth part, some problems and the solutions in the Chinese relevant legal domains; the last part, the conclusion.The main content of this article is: in the first part, introduction to the background and meaning of this article; in the second part ,the survey of the right of subrogation in marine insurance , the author represents the definition of the right of subrogation after the analysis of the relation between the compensation rule and the right of the subrogation , and then differentiates the system of the right of subrogation with a few relevant definitions; in the third part, the author introduces the origins of the right of subrogation, and by the general civil theories, renders the jurisprudence analysis of the right of subrogation, point out that civil base of the right of subrogation system is the system of liquidation of debt which belongs to the legal transfer of obligatory right in essence, then, introduce the concrete functions of the system; in the fourth part, after the discussion of some key issues in the system of the right of subrogation, the author points out that the premise of the exercise of the right is to satisfy certain legal requirements, and after the comparison of the different stipulations in British laws and the US laws, he concludes that, no matter by practice or theory, the exercise of the right had better belong to the insurer in the name of himself. Also, in this part, he explores the specific rules on the exercise of the right of the marine subrogation in the current Chinese marine procedure law, and a brief introduction to the essence and functions of the Subrogation Form; in the fifth part of the article, the author discusses the problems in the our current marine subrogation system, and for the construction of our current marine subrogation theory, the solution of the legislation and the system of the prescription of the marine insurance in practice, he renders his own solutions. Lastly, in the sixth part, the brief retrospection on the conclusions of this article.