Research On The Limitation Of Objects To Insurance Subrogation

The purpose of this paper is to discuss the construction of Insurance Subrogation system based on the provision of Article 60 of the Insurance Law,from the perspective of the objects of the enforcement of Insurance Subrogation Right.This paper analyzes the nature of the Insurance Subrogation Right,the appropriateness of the policy-holder of the special object to exercise the right,and the definition of the person in common interest who are exempt from claim by law.At present,there are only few monographs or literatures on this issue in our country.This paper focuses on the understanding and application of Article 60 of the Insurance Law,combined with the basic theory of civil law,such as cession of the obligatory right,untrue bonds and payment with subrogation in guaranteed relationships.All is in order to clarify the essence of the Insurance Subrogation Right,to solve the feasibility of two special objects named policy-holder and the insured as objects of Insurance Subrogation Right.