| The right of insurance subrogation is the legal provisions of the insurer by giving aspecial rights, it not only makes the insured can get as soon as possible compensationafter suffering the insurance after the accident, but also to prevent unjust enrichment ofthe insured person; not only ensures the insurance of human rights, which is paid to theinsurer will not because of insurance claims and reduce the ability of economiccompensation or weaken the economic strength, and enable the fault of third people willnot legal responsibility, because the insurer claims that third people to escape theirshould bear the therefore, the right of insurance subrogation has very important practicalsignificance.Basis of this writing is the basic theory of civil law and commercial law, and thencombines some of the provisions of China’s current legislation on the right of insurancesubrogation, study and discuss problems related to the insurer of insurance subrogationright. The whole article is divided into introduction, body, conclusion of three parts, inwhich the body part consists of four chapters. The first chapter starts from the analysisof the right of insurance subrogation concepts and relevant laws and regulations, andthrough all legal relationship analysis of freight insurance, to lay the foundation for theexercise of the right of subrogation. The second chapter is based on the analysis offreight insurance of the insurance subrogation right of the existing problems, points outthat the difficulties and problems encountered in the work of insurance subrogation. Thethird chapter is for the exercise of the right of subrogation of insurer, respectively,analysis on the exercise of the right of insurance subrogation defects in currentlegislation from the aspects of substantive law and procedural law. The fourth chapter isbased on the practice of freight insurance underwriting experience, proposes relevantsuggestions and Countermeasures on the insurer’s point of view. |
PDF Full Text Request