On China’s Insurance Subrogation Right And Exercise Conditions And Object Restriction

The right of insurance subrogation is an important system in the insurance lawof our country, its main purpose is to prevent the insured from profiting byinsurance,reflects the principle of indemnity. However, in practice, the legislation isnot complete, the relevant legal system is not perfect, and in the exercise of the rightof insurance subrogation process encountered many problems, exercise conditionssuch as the object of subrogation is not clear. This leads to the disunity of standard ofthe local court in the judgment of related cases. This paper aims to interpret the rightand limits of insurance subrogation.Chapter one analyses the basic theories of insurance subrogation and compares itwith assignment which is similar to insurance subrogation. Insurance subrogation isone of the systems of insurance law, but insurance contract is based on the creditor’sright of civil law, so it is has great value to study the civil basics of insurancesubrogation, it can help solve relevant problems of insurance subrogation. Both civillaw system and common law system consider that insurance subrogation has greatsimilarity to assignment. So comparing the two system has guiding significance to thestudy of insurance subrogation.Chapter two discusses the exercise conditions of insurance subrogation with theillustration of a relevant case. Because of the uncertainty of law, opinions on theexercise conditions of insurance subrogation are not agreed,which caused trouble tothe practice of it. In my opinion, the conditions of insurance subrogation include: the insurer has performed his obligation of compensation in accordance of thecontract,the insured has exclusive rights to the third party for compensation fordamage, the loss of the object of insurance belongs to the insurance accident.The issueof the exercise conditions of insurance subrogation is very important, if we solve thisproblem, a lot of practical difficult cases will be easy to deal with.Chapter three discusses the execution limitations of the insurance subrogationright. It includes restrictions on the exercise of an object, action statute and the orderof repayment. To illustrate the restrictions on the exercise of an object, I firstintroduce a relevant case, then I talk about the theory of the case, at last I analyze thecase. The article sixty-two of the insurance law in our country tells the restrictions onthe exercise of an object, but it doesn’t specify the scope of “family members and itsstaff constitution”, which lead to controversy on it, this paper will evaluate thecontroversy and give my opinion. As to restrictions on the exercise of action statute, Ithink it should start from the time when the insurer know or should know theinsurance accident, which confirm to the assignment of credit natural of insurancesubrogation and is conducive to the insured get compensation in time.