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The marine insurance subrogation System

Author: LiWanZhen
Tutor: SunChunWei
School: Harbin Engineering University
Course: Economic Law
Keywords: Subrogation Marine Insurance Debt transfer Exercise of the right of subrogation
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 105
Quote: 0
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Abstract

The marine insurance subrogation system is a civil right of subrogation insurance claims system in conjunction with development of the product , its responsibility to protect the insured and the rights of third parties , standardize insurance claims procedures, safeguarding judicial practice and maritime insurance practice fair and equitable . Of marine insurance practices and legal systems subrogation exists between certain lack of in-depth study of marine insurance subrogation system and the improvement of the legal system related issues , for guiding the practice of admiralty jurisdiction and handling insurance practice has practical significance. The basic idea of ??this paper is based on our current system of subrogation legislative status quo as the starting point, the basic theory of insurance law as a foothold , the latest research results at home and abroad , make full use of legal , insurance, research methods to study the system basic theory, exercise rules and legal protection and other issues, thus exploring improve our system of subrogation various methods and best way. Firstly, from a writing background, purpose and meaning to start , through the research status of the test and in-depth analysis, this research ideas and innovations . Secondly, the paper explains the nature of the right of subrogation , legal origins and legal basis . In theory , based on the nature of the right of subrogation is rooted in the principle of fairness in civil law , insurance law principle of compensation of losses . Furthermore, the paper focuses on two substantive rights and procedural rights of clues , the focus of subrogation rights in the physical process of exercising the many problems , specifically including the right of subrogation acquisition condition , the scope and the exercise of the rights and restrictions on the exercise of rights relief and legal protection . Correspondingly, followed by in-depth article discusses the right of subrogation in the proceedings of several contentious issues in order to achieve the physical and embraced the program and integration of unity. Finally, combining the aforementioned issues, from the substantive law and procedural law aspects , the system reviews the system of subrogation legislative situation , summed up the problems in the existing legislation , combined with the new promulgation of the \foreign legislative experience legislation proposed recommendations .

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