Research On The Right Of Insurance Subrogation

The right of insurance subrogation, also known as " subrogation " or " rightstransfer", refers to the subject matter of the insurance for the third liability insuranceaccident occurs and leads to the loss, the insured person that pays insurancecompensation, in accordance with the law to obtain about third people the It is aproduct of the civil law system of right of subrogation of creditor and insurancecompensation principle of combining, is one of the core contents of the insurancelaw, as affirmed by the national legislation. If you give full play to the role ofinsurance subrogation, not only can reduce the risk of insurance management,pulling insurance profit growth, reflects the law of equity, and promote the healthydevelopment of the insurance industry. But because business behavior uniquecharacteristics of the right of insurance subrogation itself involves three parties, twolegal relations, the difference of value orientation of the legislation is not perfect andthe study added, thus appeared not unified understanding of the right of insurancesubrogation, and insurance practice difficult. This paper is to study the insurancesubrogation right understanding not unified and the imperfect legislation based onknowledge, to absorb nutrients from the research achievements of predecessors inthe dispute and obtain uniform, in order to be helpful to perfect our insurancesubrogation right system. Therefore, research on the right of insurance subrogation isof great theoretical and practical significance. The paper has more than50000words,is divided into five parts. In addition to the introduction and conclusion, the thesisconsists of3chapters. The first chapter is a theoretical analysis of the right ofinsurance subrogation. Starts from the right of insurance subrogation, analyzes theconcept, the right of insurance subrogation legal relationship, characteristics, value,and with the right of insurance subrogation has two concepts closely related, namelythe trustee and the creditor’s right of subrogation and compare, and thus have a morein-depth understanding of the right of insurance subrogation. The second chapter ofthe exercise of the right of insurance subrogation. This chapter analyzes the right of insurance subrogation is established, the exercise conditions, exercise restrictions,and the application of the right of insurance subrogation in some special insurance. Itdiscusses several problems on the right of insurance subrogation is controversial inthe third chapter. This chapter discusses the controversial legislation is not perfect orlack of some of the problems, and put forward such as the insurer subrogation shouldpay the insurance compensation for damages; the distribution should be inaccordance with the insurer and the insured for the risk ratio of insurance mark underinsurance.; law should clearly stipulate insurant fulfill its obligations to help content,fulfill its obligations to help the cost shall be borne by the insurer, the insured fails toperform the obligation of assistance should bear the corresponding legalresponsibility and suggestions. According to the legislation of the right of insurancesubrogation as the starting point, with the basic theory of civil and commercial lawas the basis, combined with the latest research achievements at home and abroad,combining theory with practice, using the historical analysis, comparative analysisand empirical analysis method, from the legal, social analysis perspective, andobtained the following results: This paper establishes a comprehensive analyticalframework of right of insurance subrogation; pointed out the insurance legislation isnot perfect and some conflicts and other reasons, led to the right of insurancesubrogation is not fully play its role in practice; the essence of the right of insurancesubrogation is the legal benefits of the means to reduce the risk of loss, to be fairallocation of social resources distribution; damage compensation between the insurerand the insured principle: in accordance with their respective proportion of the riskinsured for distribution; that in life insurance is not suitable for the right ofsubrogation and the insurer has the right to exercise the right of subrogation of thepublic legal person. The thesis for the time of insurance subrogation established noin-depth study; the insurer abandon subrogation, give a right end to the interests offuture generations the insured person or third people, the thesis have not analyzed,will continue to the study in future research.