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Insurance Subrogation Study
Author: LiQing
Tutor: ZouHaiLin
School: Graduate School of the Chinese Academy of Social Sciences
Course: Civil and Commercial Law
Keywords: insurance subrogation assignment of creditor’right compensation distribution of benefits
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 140
Quote: 0
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Abstract
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The Right of Subrogation is designed to help the insurer,the insured and the third person cause the insurance accident to deal with the issue of the distribution of their benefits. This design aimed to compensat the loss of the insured, and prevent the third person refuse his own duty. The Right of Subrogation is a kind of Claim of Cretor’s Right, and because of the assignment of creditor’right that the insurer can enjoy this right. Thus, many issues of the enjoyment of The Right of Subrogation can be solved by the theory of the Assignment of Creditor’Right. The Right of Subrogation is a kind of rights in the Property Insurance of Insurance Law. Considered the nature of Claim of Creditor’Right , this article aimed to research this right and explain two terms about The Right of Subrogation in the“Insurance Law”by the theory of Assignment of Creditor’Right.This article can be divided into four parts:“The overview of The Right of Subrogation”,“The premise and the object of The Right of Subrogation”,“The order of claimnation caused by the enjoymen of The Right of Subrogation”and“The limitation of The Right of Subrogation”. The first part is about the perating principle , the nature and the function of The Right of Subrogation. The second part explained two terms of“Insrurance Law”by the theory of the nature and fuction of The Right of Subrogation which are about the two premises and the object of The Right of Subrogation The third part is about the promblem of the order of claimnation. In this part, it analysis the solution of this promblem with a term in“Insurance Law”. The fourth part is about the limitation of The Right of Subrogation in which it analysis the starting point of the limitation.
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CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
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