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On the Right of Insurance Subrogation

Author: QuJiaMin
Tutor: LiuYaTian
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Subrogation rights Expand Exercise Protection Actual performance
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 91
Quote: 0
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Abstract


Insurance Subrogation rights as a research object to subrogation rights for more in-depth analysis, overview of subrogation rights in accordance with the usual logic, as a starting point, has the right to subrogation applies the expansion of the range, Insurance Subrogation right to exercise protection analysis, and finally, the actual performance of the subrogation rights discourse. The paper is divided into three parts introduction, body, conclusion, as a key part of the body is divided into five chapters: Chapter Overview of Insurance Subrogation rights. Zhaobi from the function and value of the subrogation rights, positioning its ultimate function and value is the value of the combination of the fairness and effectiveness of the method, the balance of the insurer, the relationship between the interests of the insured, third party. Then Discrimination the statutory sexual nature, claims migration, and request the right attributes. Finally, a comparative analysis with other related concepts of the civil law. The second chapter is subrogation rights to extend the application of the analysis. First, the exposition of the provisions of the applicable range of subrogation rights. The second section describes the provisions of the other countries on life insurance is the right of subrogation. Then the extension of the analysis of the applicable range of breakthrough \Finally, China Life Insurance Subrogation rights legislation to improve the analysis. The third chapter is to exercise subrogation rights. The subrogation rights exercised major issues, including the exercise on behalf of the exercise of the scope of the exercise of the limitations of the object, the principle of priority for repayment of the insured to the third party to fulfill the obligation to notify and insured Peifu question of legitimacy. The fourth chapter is the protection of the right of subrogation. In turn discussed the assistance obligations of the insured, third party insurers right to claim damages waiver by the insurer affect the adverse consequences of the insurer the right of subrogation to achieve commitments, as well as the aging of subrogation rights issues and the subrogation rights protection legislation improve the analysis. The fifth chapter is the analysis of the actual performance of the subrogation rights. From the insurer's point of analysis of the right of subrogation actual performance, including insurers exercise the right of subrogation as you want to consider the factors, the insurer of the right of subrogation of give up, as well as insurance on behalf of bits claims the right to the actual performance of the insurance law in behalf of the bit demand subordinated right system.

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