Right Conflict In The Exercise Of Marine Insurer’s Subrogation Right

The right of subrogation is an important legal system in marine insurance. Especially in recent years, the prosperity of international maritime trade promoted the development of the marine insurance, and the insurer and related parties attach more and more importance to the exercise of right of subrogation.Because of a certain gap between the development of our marine insurance industry and that in the developed countries, in our country the marine insurance subrogation system is mainly transplanted from the western (especially British) legal system, combined with the provisions of national conditions and judicial practice in our country. However, some of China’s relevant provisions of marine insurance subrogation system is vague, lack of clarity and operability, resulting in differences and legal academic point of view of the difficulties.Starting from the analysis of right of subrogation in maritime insurance law and exercise conditions on the basis of the existing legal provisions, this article applies comparative analysis, literature research, empirical analysis method to solve the exercise of the right of subrogation and the right conflict problem. In the first part,this paper briefly discusses the right of subrogation in marine insurance and exercise conditions, the type of right conflict when marine insurance subrogation right is exercised is discussed in the second part, the third part discusses the solution to right conflict in the exercise of subrogation right, and finally the suggestion is summarized and concluded.