Research On The Right Of Insurance Subrogation

Insurance subrogation right,also known as “subrogation”, its mean after the insurer pays the insurance compensation to the insurant, he can ask for compensation from the third party who has the responsibility to the accident in property insurance. As a product of right of subrogation in civil law system in insurance, it is one of the basic systems in insurance law, meanwhile it is widely adopted in judicial practice by many countries. The legislation refer to the insurance subrogation right in our country, such as Insurance law and Maritime law, is so principle and too simply. So, courts don't know how to apply the law, even make conflicting decisions sometimes. This paper's research is on the basis of theoretical understanding not unified and the imperfect legislation in insurance subrogation right. I hope it can beneficial to understanding and application in insurance subrogation right.The thesis consists of four chapters:Chapter One: A simple introduction of two typical cases in judicial practice. It's refer to those problems about insurance subrogation right, for example the restriction of insurance subrogation right, voluntary Payment, courts review insurance contracts in cases. In order to drastically solve these problems, this paper not only research the system of insurance subrogation rights itself,but also research the basic theory. So, we can have a better understanding on this question.Chapter Two: Insurance subrogation right's legal basis, which can prove reasonable for insurance subrogation right. It play a very important role in insurance subrogation right's emergence and development process. So before specific problems, we talk about it. This chapter centered on the compensation?damage and justice.The author wants to prove the reasonable of insurance subrogation right.Chapter Three: the restriction of insurance subrogation right, which is related to the first case. All rights are boundary, so insurance subrogation right is. Contents about insurance subrogation right's restriction are so many, such as the nominal restriction and the prescription limitation. But this part mainly includes the restriction of the third person's relief? the restriction of amount range ?the third person's pleading and the object. So we can more accurate understand the insurance subrogation right.Chapter Four: Voluntary Payment and insurance subrogation right, which is related to the second case. Voluntary Payment, also known as accommodation payments, occurred in practice sometimes. This part mainly includes insurance subrogation right's foundation and courts review insurance contracts in specific cases.