Study On Applicable Law Concerning The Right Of Insurance Subrogation

The right of insurance subrogation is an inherent system of Insurance Law. Afterinsurance accident happens, the underwriter, insurant and the third person (accidentreason is caused by a third party) under the condition of profit distribution problem, asystem design is the underwriter to insurant pay insurance compensation after andmake a right. With the development of insurance industry in our country, Exercise ofthe right of insurance subrogation is becoming more and more popular.However，The legislation of our country’s Insurance subrogation is relative lag.The applicable law of insurance subrogation is lack of perfect legal support. Thisshow is in the insurance subrogation rights dispute case applicable law. Such as theunderwriter obtains the right of insurance subrogation is the underwriter is in fact paidfor damages as the prerequisite, or must be based on the insurance contract; Theinsurer the right of subrogation whether made by the insurer to pay insurance gold tofully make up for the loss of the insured for the elements; Whether the right ofinsurance subrogation can only produce because of the tort of a third person; Theeffect of insurer sign the "Equity transfer"; Right of insurance subrogation exercisedin the name of the whom; Exercising subrogation right of insurance object is there,what are the specific limits of object; Whether it is reasonable that prohibit insuranceright of subrogation in insurance. These problems often appear in the insurancedisputes, become a difficult problem in insurance disputes trial.With that in mind, This paper on the basis of the theory of insurance right ofsubrogation, focus on discussing dispute problems of applicable of insurance subrogation rights. In order to make the insurance subrogation right system wasperfected, the right of insurance subrogation is perfect.This article altogether is divided into five parts:The first part mainly introduces and discusses the basic theory of the right ofinsurance subrogation, for the following discusses the rights of laws. Right ofinsurance subrogation originated in Roman law creditor’s rights transfer system, thenature of the legal transfer of creditor’s rights, the purpose and function to avoidmoral hazard at the same time protect insurant compensation for the losses.The second part mainly discusses the right of insurance subrogation establishedlaws problem. Specifically discusses the cause of the right of insurance subrogation,condition, prove and set up four questions.The third part mainly discusses the right of insurance subrogation to exercisethe legal application problems. Focusing on the name of the right of insurancesubrogation to exercise, the exercise of object and the scope of three problems arestudied.The fourth part is mainly to the right of insurance subrogation legal protectionissues are discussed in this paper. Discusses the insurer exercise the right ofinsurance subrogation power assisting obligation of insurant waiver when the insurerand the insured may be two problems of protection the right of insurancesubrogation.The fifth part mainly discusses the right of insurance subrogation statute oflimitations applicable law issues. Discussed the right of insurance subrogation statuteof limitations, of the statute of limitations during the starting time of the limitation oftime and the three problems. insurance subrogation statute of limitations, of the statuteof limitations during the starting time of the limitation of time problems.