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Study On The Application Of Subrogation System In Liability Insurance

Posted on:2021-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ZhaoFull Text:PDF
GTID:2416330605972886Subject:Law
Abstract/Summary:PDF Full Text Request
In view of the system of insurance subrogation,the academic circles of our country are very active in its research,but most of them are introduced and discussed in view of the basic problems.Therefore,this paper intends to further analyze the necessity and rationality of applying it to liability insurance from its theoretical basis and function.At the same time,the specific situation and how to exercise the subrogation of liability insurance are further analyzed.This paper is divided into four parts:The first part,compared with the typical property insurance,liability insurance has the development trend of protecting the injured third party,but compensation to the insured should be the core goal.Therefore,it still applies the "loss-filling principle" and has the theoretical basis for applying the subrogation right of insurance.Moreover,the insurance subrogation right has the function of preventing the insured from getting more compensation than the actual loss,avoiding the third party's improper exemption from liability,and reducing the future policyholder's function,which can just resolve the awkward situation faced by the liability insurance.Therefore,it can be said that liability insurance has the legitimacy of applicable insurance subrogation.The second part,liability insurance in the subject matter of insurance and insurance interests and other aspects of the particularity,decided that it can be applied to a very limited situation.The first is the case of joint and several liability of the insured,including not only the joint tort type,but also the separate tort type.Moreover,the contractual effect of "pay-as-you-go" should be judged separately according to the difference of voluntary insurance and compulsory insurance;moreover,the third party's individual infringement,but the law stipulates that the insured should bear the responsibility,and combined with the employer's liability insurance to discuss it;and the other is that the insured is liable for breach of contract because of the third party's reasons.mostly in the case of travel agency responsibility.In insurance.The third part,the author discusses the specific exercise of insurance subrogation.First of all,based on the theory of transfer of legal claims,the insurer can exercise subrogation in its own name.Secondly,in the specific object of exercise,when excluding the insured and the person with which there is a consistent interest,that is,its family members or members;again,when the insurer's subrogation right and the insured's residual right to claim compensation conflict,should give priority to protect the insured's interest in compensation,but allow the parties to agree otherwise.Finally,it introduces the influence of the waiver behavior of the insured in different stages on the insurer and whether the court should have the right to subrogation litigation.The question of substantive examination of insurance legal relations.The part,the author mainly discusses the difference between the "right of recourse against traffic insurance" and "right of subrogation of insurance" because it is very easy to confuse them.From the point of view of purpose,because the former pays more attention to its public welfare,so the protection of the third victim is its core purpose.The latter is different,the main purpose is to prevent the insured from obtaining compensation in excess of the actual loss;from the basic legal relationship,the former is very single,including only the tort legal relationship.The latter is based on a variety of legal relations,not limited to tort legal relations;from the "position" of its generation,the former is in the position of the victim to the other final responsible person to recover,while the latter replaced the "bit" of the insured;from the object of the former,the object of recovery covers the insured,while the latter excludes the insured.
Keywords/Search Tags:insurance subrogation, liability insurance, joint tort, individual tort, liability for breach of contract
PDF Full Text Request
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