The Restriction Of Insurance Subrogation Right

Insurance subrogation system is an unique equity transfer system originally fromCommon Law system. As the crystallization of subrogation system in civil and commerciallaw and insurance claim system, it is widely adopted in insurance legislation and juridical ofmany countries.Due to the development lag of domestic insurance industry, the study of insurancesubrogation system conducted by theoretical and practical circles is in the preliminary stage.Currently, the relevant legislation of insurance subrogation system is principal and general,which lacks detailed, accurate statement and operability. This thesis analyses the theoreticalfoundation of the existence of insurance subrogation right from the perspective of its nature;with the study of relevant laws and juridical practices of other countries and regions,emphasis on the series of disputes caused by subrogation right exercise, such as the restrictionof application scope, the nominal restriction, the object constraints and the prescriptionlimitation. Hopefully, it could contribute to the research of our insurance subrogation system.The thesis is in five chapters:Chapter One: the nature and theoretical foundation of insurance subrogation right. Firstly,introduces the conception of insurance subrogation right. Secondly, analyses the nature ofinsurance subrogation right and states the right’s nature is legal equity subrogation. Finally,elaborates the theoretical foundation of insurance subrogation right, emphasis on analyzingcompensation principle which is not only the core content of insurance subrogation right, butalso the clue of this thesis. The author will elaborate his comprehension of insurancesubrogation through the clue of this principle.Chapter Two: the application scope restriction of insurance subrogation. Firstly,introduces the disputes aroused in academic circles about whether the subrogation should beexercised in personal insurance. Secondly, introduces and analysis the legislation andpractices in various countries and regions, the current legislation situation in our countrywhich limits the application scope in property insurance. Finally, the author specificallyanalysis whether the subrogation should be exercised for various insurance types, and makeslegislation suggestions about personal insurance subrogation system in our country. Chapter Three: the nominal restriction of insurance subrogation right. On the basis of themain points and practices of insurance subrogation in academic circles and juridical practices,the author makes suggestions about legislation perfection against the legislation situation inour country.Chapter Four: the object constraints of insurance subrogation right. Elaborates the objectconstraints of insurance subrogation right and successfully analysis the prohibition ofsubrogation for the insurant; in principle, limit the subrogation upon the insurant’s familymembers or other members, except for the insurance accident caused deliberately; finally,states that the government offices are the exercise object of insurance subrogation.Chapter Five: the prescription restriction of insurance subrogation right. Study the basicissues of litigation prescription period and litigation prescription counting time, and makerelevant legislation suggestions.