中英文外文文献翻译保险代位求偿权研究.doc
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原文 The research of insurance subrogation rights
Blair M
Abstract
The insurer shall enjoy the right of subrogation, on the basis of this a right, when insurance accident is caused by a third person, it can recover from the third person. This is a right based on the legal transfer from the insured to the insurer. The subrogation in Marine insurance law will be the common law system and the combination of the system of insurance claims the first made in the form of statutory regulation, the content is: the insured may be covered is the overall total loss of the goods, may also be a part of all the loss of the goods, all in the underwriter paid insurance mark insurance compensation, it has the right to manage the insured on the insurance mark has won compensation of all economic interests. And starting from the date of the happening of insurance accident, get on the subject-matter insured all the rights and benefits. This paper introduces the insurance subrogation right of the concept, nature, principle of the system, such as basic theory and principle of the system to do a thorough analysis and discussion.
Keywords: Insurance; Right of subrogation; Limit
1 Introduction
The origin of the right of insurance subrogation refers to the right of insurance subrogation theory root. Textual research on the origin of insurance right of subrogation, helps us to understand from the source right of insurance subrogation. At the same time also help us to deeply understand the essence of the right of insurance subrogation. Insurance subrogation right is originated in the continental law system of Roman law, originated in common law or equity, the scholars have different views. Some scholars believe that this right originating in continental law system of Roman law, while some scholars believe that the earliest produced in common law of equity. Right of insurance subrogation is an important institutional insurance law, is the equilibriu
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