On The Right Of Subrogation In Insurance System

The right of insurance subrogation which has a profound theoretical and practical foundation is an important rule of insurance law. It's an effective instrument to balance the benefits among the three parties: the insured, the insurant , the third party. Many countries in the world have universally established insurance subrogation. Because the complementary legal system on it is not perfect. Scholars hold disputes on the theoretical foundation, legal nature, scope of application, conditions for exercising of it and its legal protection. So, using the following method, such as legal principle analysis and comparative analysis etc, this passage aims at illustrating the main connotation of insurance subrogation, excavating the theoretical foundation behind insurance subrogation, and defining the operation and legal liabilities of the right of insurance subrogation, so as to perfect insurance subrogation in our country. Apart from the foreword and the concluding remarks, this passage consists of four parts:Part Ⅰ: The general theory of insurance subrogation. I elaborate the meaning, essence, rationalization, legislation condition of The right of subrogation, compare the right of subrogation with the creditor' s right of subrogation, and the necessity of the right of insurance subrogation。Part Ⅱ: The performance of the right of insurance subrogation。In this part, it discusses how to obtain the right and how to perform the right of insurance subrogation.Part Ⅲ: The restraint of the right of insurance subrogation. It discusses three problems here: The scope of application of the right of insurance subrogation , the praescriptio of the right of insurance subrogation and the object limitation.Part Ⅳ: In the last part, it concludes the legal protection for the exercising of the right. It is divided into two parts: in the first part, it demonstrated the assist obligation in the right of insurance subrogation. In the second part, it systematically demonstrates the insured's abandonment of the right of compensation to the third person.