On Preconditions as to the Enforcement of Subrogation Rights

Concerning the opinions in field of theory that the insurer should be subrogated if compensation made for the insured when the loss and/or damage were not under the insurance coverage, this paper analyses and studies the legal nature of subrogation under insurance scope with that under contract law scope. It holds that these two subrogation in different scopes are entirely different in their legal concepts, and affirms that no subrogation right will come into effect on above conditions even if under newly issued contract law.