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 of exercises, the method of exercises and its 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. 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 created by the third human behavior and is happened 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 paid loses to insurants. It will have 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 practice aspect.The content of the first chapter of this essay is the summarization of Insurance subrogation, concerning its conception, legal principle foundation and the nature and feature of the Insurance subrogation: the fair principle in civil law and the damage compensate principle in insurance law lay good foundations for the system of the right; the Insurance subrogation is the insurer's legal right. It is changeable right. It embodies the character of the insurance compensation; from principle the Insurance subrogation can only be used in the contract of insurance, but the author thinks that it is not accurate; the insurer should compensate the loss of the insurant because of insurance accident. The insurer can claim damages from the third party of civil liability according to law. The second part, the essay has analyzed the important document of insurance subrogation from the method to obtain, and so on. The third part, the essay has analyzed the questions of Insurance subrogation about realization from its effectiveness in insurer, in the third human to insurant as well as the legal procedure. The fourth part, the essay has analyzed limitations about the insurance subrogation in practice from the point of view of its applicable scope, amount scope; effectiveness etc.The last part is conclusion and postscript.