2012•Journal of China West Normal UniversityRequires access

On the Restrictions of Exercising the Insurance Subrogation Right

Zhou Mei

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Abstract

The right of subrogation in insurance law is the core of the subrogation principle derived from the compensation principle in insurance law,which plays an important role in the insurance law of many countries.It is of great use to prevent the insured from obtaining unjustified profit and the third party from escaping legal responsibility.However,the right of insurance subrogation shall be exercised in restrictions of the legal rules and contractual promise.Thus,to clarify how the law and contract restricts the use of insurance subrogation becomes the common and important topics for theoretical and practical circles.

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What this paper is about

The right of subrogation in insurance law is the core of the subrogation principle derived from the compensation principle in insurance law,which plays an important role in the insurance law of many countries.It is of great use to prevent the insured from obtaining unjustified profit and the third party from escaping legal responsibility.However,the right of insurance subrogation shall be exercised in restrictions of the legal rules and contractual promise.Thus,to clarify how the law and contract restricts the use of insurance subrogation becomes the common and important topics for theoretical and practical circles.

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Available abstract

The right of subrogation in insurance law is the core of the subrogation principle derived from the compensation principle in insurance law,which plays an important role in the insurance law of many countries.It is of great use to prevent the insured from obtaining unjustified profit and the third party from escaping legal responsibility.However,the right of insurance subrogation shall be exercised in restrictions of the legal rules and contractual promise.Thus,to clarify how the law and contract restricts the use of insurance subrogation becomes the common and important topics for theoretical and practical circles.

Key concepts: Subrogation, Business, Insurance law, Insurance policy, Actuarial science, Compensation (psychology), Law, Law and economics

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