On The Right Of Subrogation In Insurance

Insurance subrogation system is an old and characteristic system. It means in the event of fault of the other person cause the loss of insurance object which in the range of insurance responsibility ,then, pay after the insurance premium according to contract of insurance by insurer, it has the right to put oneself in the insurant's position, obtain all the insurant's rights about this loss and compensate. The behavior of insurer, is called, Insurance subrogation, The right enjoyed by it, is called the right of subrogation.The subrogation right provide the basis to solve benefit ownership for insurants when they have request power of paying and the damage compensate request power at one time. But, about the nature of subrogation right , the establishment and the important document of exercises , the method of exercises and its the content, the limits and so on, many theories and the practice question, "Law of insurance" has not provided the integrity the answer in our country . The people's court in our country has not summary in the aspect of trial practice experience about Insurance subrogation . Along with our country insurance service rapid development, in particular along with the economical and the science and technology progress, the scope or the domain which the property insurance covers can day by day vast, and at the same time will follow more prominent, because the behavior of third human will create the phenomenon which the property harm or the economic will lose, under this kind of situation, how fully display the insurance to disperse the danger which is created by the third human behavior and is happend in insurants , to digest the loss in insurant which is created by the third human , as well as how will guarantee the benefit resuming in insurer which may has payed loses to insurants , It will has the very important significance to exercise the right of subrogation. This essay is precisely based on this goal and hoped through thoroughly the analysis and the research to eliminate fall shorts of Insurance subrogation right in present legal aspect and the practice aspect.This essay is divided five parts: The first part, the basis of theory about Insurance subrogation right and the legislation significance analysis. The scholar has many theories about it, but this essay has analyzed in the above theories to obtain viewpoint. The second part, the essay has analysed the nature of Insurance subrogation right and Indicated it which is the creditor's rights shift legally. The third part, the essay has analysised the important document of Insurance subrogation right from the method to...