Dissertation
Dissertation > Political, legal > Legal > Chinese law > Financial Law > Insurance Law

Research on the Right of Insurance Subrogation

Author YuJing
Tutor HanChangYin
School Shanghai Jiaotong University
Course Civil and Commercial Law
Keywords The Right of Insurance Subrogation Damage Compensation Unjust Enrichment
CLC D922.284
Type Master's thesis
Year 2008
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This thesis investigates the Right of Insurance Subrogation in terms of some problems regarding the scope of its application, subrogation as well as its exertion, according to the Principle of Damage Compensation, upon which the Right of Insurance Subrogation is legally based. The Right of Insurance Subrogation plays a very important role in both theatrical and practical fields of Insurance Law. In this thesis, the author proposes new perspectives on how to solve some disputed issues about the Right of Insurance Subrogation.The thesis consists of six sections including introduction and conclusion.The first section provides a fundamental background of the Right of Insurance Subrogation. It starts by introducing the definition of the Right of Insurance Subrogation, and describing a variety of historical interpretation and understanding about the Right of Insurance Subrogation in the academic community. Then, this section offers a brief discussion about the legal basis of the Right of Insurance Subrogation, focusing on the principle of damage compensation, regarding which the author will give some personal opinions in the following sections. Finally, it analyzes the significance of the legislation of the Right of Insurance Subrogation. Some scholars have been questioning the importance for maintaining the Right of Insurance Subrogation lately, suggesting that the Right of Insurance Subrogation be abolished. However, the author will demonstrate the necessity of keeping the Right of Insurance Subrogation in light of three aspects, emphasizing that the Right of Insurance Subrogation is irreplaceable from either theoretical or practical point of view.The second section discusses the applicable scope of the Right of Insurance Subrogation, which includes its applications in the wealth insurance, personal insurance and social insurance.The third section analyzes the scope of subrogation regarding the Right of Insurance Subrogation through case study, suggesting that three claim rights including damages claim, debt default claim and other claims arising from contract be the primary components of the scope of subrogation.The forth section focuses on the scope of exertion regarding the Right of Insurance Subrogation. The discussion involves the qualification of exertion, the range of exertion and targets of exertion, which limit the scope of exertion.Finally, the author proposes some personal opinions regarding the exercising of the right with the intention of improving the system of the Right of Insurance Subrogation.

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