메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국재산법학회 재산법연구 재산법연구 제26권 제1호
발행연도
2009.1
수록면
215 - 242 (28page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
The purpose of this essay is to consider the legal aspects of subrogation. Under most insurance policies, the insurer can require the insured to assign all right of recovery against a third-party who caused to the loss, but only for the amount of payment by the insurer to the insured. This process is called subrogation. Subrogation applies only against third-parties, so if a loss results from the insured's own negligence, there can be no subrogation. In the context of insurance, subrogation refers to the right of an insurer who has indemnified an insured in respect of a particular loss(i.e. paid a claim) to recover all or part of the claim payment by taking over any alternative right to indemnity which the insured possesses. Actually subrogation is to prevent the insured from recovering twice for the same loss and so preserve the principle of indemnity. Why does the law allow subrogation? It is sometimes suggests that subrogation prevents the “guilty” party from being “let off the hook” and ensures that he does not escape his financial responsibilities simply because the other party has been careful enough to arrange insurance. In fact, the main purpose of subrogation is simply to prevent what is known as the “unjust enrichment” of the insured- in other words to prevent him from unfairly profiting from his loss and so to preserve the principle of indemnity. The prevention of “unjust enrichment” is a principle of “equity”. The article 682, the Korean Commercial Law(KCL), provides the insurer's subrogation, but subrogation is not recognized in personal insurance(article 729, KCL). There are various opinions about the reason for rights of subrogation. Until recently there were differences of opinion about the basis of the principle of subrogation. There are three main source for such a right. It may arise in tort, in contract, under statute. Typically the third-party in subrogation means "except the insurer, the policy holder or the insured". There are argued bitterly that an extent of third-party about exercise of right on exoneration through subrogation in automobile insurance compensation affairs. In future, in order to resolve in problems of interpretation about scope of third-party, insufficient articles of the KCL will be filling and legislation is the need to complement theory through comparative studies.

목차

등록된 정보가 없습니다.

참고문헌 (34)

참고문헌 신청

함께 읽어보면 좋을 논문

논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0