Bit Claims Paid Accommodate The Next Generation Of Research

Right of subrogation is an old and important system of insurance law, and it ensures that the insured losses get compensation as soon as possible, which embodies the principle of insurance law and efficiency of the law. It also ensures the interests of the innocent insurer, which reflects the fair of the insured law; while at the same time, it forces the third person who caused the loss of to undertake liability to pay compensation, so as to maintain the social order. Therefore, it has important practical significance in the exercise of the right of subrogation. In recent years, there are more and more researches on the right of subrogation. Since different scholars are studying from different angles of view, all kinds of opinions about right of subrogation are existing at the same time, among them the most controversial one of is the influence of ex-gratia payment on the right of subrogation.At present, it is quite common for ex-gratia payment phenomenon in the marine insurance practice in China. The term is used not only in practice, but also in theory. Not only the case quantity of ex-gratia payment are increasing, the content of ex-gratia payment is also of all kinds. In the case of ex-gratia payment, whether the insurer can exercise of the right of subrogation to the third person, how to regulate the insurer’s ex-gratia payment, these are worthy of study.Besides the introduction and conclusion, the thesis includes three parts. The first part summarizes the overall content of ex-gratia payment, which mainly expounds the meaning, characteristics, the types of cases of ex-gratia payment on the right of subrogation. The second part is the influence of ex-gratia payment on the right of subrogation, mainly on the right of subrogation in marine insurance condition is obtained, based on the constitution, effectiveness of ex-gratia payment and right subrogation dispute are discussed, focusing on the background, the rationality and the existing shortcomings of Article14of the Supreme People’s Court on Several Issues concerning the Trial of Maritime Insurance Disputes (hereinafter referred to as the Marine Insurance Provisions). In the third part, some improvement suggestions are put forward for the ex-gratia payment and Article14of the Marine Insurance Provisions.