Research On Subrogation Right Of Overseas Investment Insurance Scheme

Subrogation is the core content of overseas investment insurance scheme,it has the important significance for insurance institution.When the insurance institution pay for investor/it should ask the nation to perform its compensatory obligation. In international practice,there are three kinds of subrogations of overseas investment insurance,which were U.S bilateral investment patterns,Japan’s unilateral investment insurance systerm and the German hybrid unilateral investment insurance mode.Three modes provide legal basis to protect the investors and the insurance institution. But, in contrast,we have defect on the analysis of overseas investment insurance and have no overseas investment insurance legal scheme.So,comprehensice analysis of subrogation has great significance both on theory and practice for our legal scheme and subrogation.There paper has five parts.The first part describes the basic theory of the subrogations of overseas investment insurance, including its characteristicsjegal basis/the legal ralations of behaviors.ln view to obtain the comprehensive theory of overseas investment insurance.The second part presents three kinds subrogation modes of overseas investment insurance, through comparing advantages and disadvantages, provide reference standards for our subrogation scheme.The third part focus on the conditions of subrogation,such as nation,insurant,insurance spectrum.The fourth part is the most important,this part is about the problems of the subrogation of China’s overseas investment insurance. The terms of subrogation in bilateral investment protection agreements are unified,while China has not established a professional overseas investment insurance system.Our country should combine the actual situation of domestic and the advanced legislation experience of foreign to establish the appropriate overseas investment insurance system...