Research On The Exercise Of Subrogation Right Of Cargo Transportation Insurance

The right of insurance subrogation is applicable to the scope of property insurance,and the right of cargo transportation insurer subrogation is one of the applicable scope of insurance subrogation.Therefore,the relevant provisions on insurance subrogation in Chinese laws and judicial interpretations are applicable to the right of subrogation of cargo transportation insurers.Based on the carriage of goods by the insurer subrogation rights dispute case,as the research material and support,to law applicable to the case analysis,from the found issues in the case,the problem of combing inductive analysis,combined with China’s insurance subrogation rights related judicial interpretation,"insurance law" the relevant legislation to focus on analysis and study of issues,In order to promote the development and improvement of the subrogation system in practice,this paper puts forward some suggestions on how to improve the subrogation system of cargo transportation insurers.The article is divided into six parts:The introduction is mainly the source and significance of the topic,research status and comments,research ideas and methods.The first chapter is an overview of the subrogation system of cargo transportation insurers.First of all,the concept of subrogation system of cargo transport insurer is analyzed.Then it analyzes the constituent elements of the subrogation system of cargo transportation insurers.Finally,the issue of the exercise of the right of subrogation by the cargo transport insurer is analyzed and studied from the conditions,the name and the object of the exercise.Chapter two is the judicial investigation of the system of subrogation of freight insurers.Firstly,the disputes over the right of subrogation of cargo transport insurers from 2015 to 2021 are collected and sorted out.The cases are classified into five categories according to the factors restricting the exercise of the right of subrogation by cargo transport insurers,which are as follows: The cases in which the insurer exercises the right of subrogation against the carrier,whether the affiliated company is jointly and severalliable,the cases in which the insurer exercises the right of subrogation against the insurance company insured by the person causing the loss,the cases in which the insurer is restricted by the cargo transport agreement,and the cases in which the insurer’s right of subrogation is restricted by the ascertainment of cargo damage are analyzed.Through the typical case of comb,existing in practice such as the exercise of right of subrogation to policy-holder,affiliated company jointly and severally liable,epitomized by insurance agreement restricting the insurer shall bear the liability for compensation or goods transport and find out the right to subrogation damage restricting the insurer exercise of right of subrogation and so on to analyze legal issues one by one.The third chapter is the legislation of the subrogation right system of freight insurers.This paper analyzes the legislation status of the right of subrogation of insurers in China,analyzes the practical problems existing in the exercise of the right of subrogation of insurers in China,and evaluates and analyzes the system of the right of subrogation of insurers in China.The fourth chapter is to perfect the subrogation system of freight insurers countermeasures and suggestions.Countermeasures are proposed from the following five aspects: Insurer subrogation is to clear the goods transportation limits of claim object,the second is clear freight insurance shall bear joint and several liability of the affiliated company,three is clear can the insurer the insured to a third party company to recover the four is insured must be signed before freight insurance goods transport protocol,five it is suggested that specify entrusted court within a certain time in damage identification of damage.The epilogue is points out the deficiencies of the research content of this paper.In the future,it will continue to put forward suggestions more suitable for the development of The Times in the research and practice of the subrogation system of the cargo transport insurer.