论文部分内容阅读
海上货运保险代位求偿权是公平原则的一种体现,各国都以法律的形式赋予保险人行使代位求偿的权利。我国作为航运大国,在立法上对代位求偿作出了具体规定。本文试就我国海上保险中的代位求偿制度的现状,针对我国海上货运保险中所存在的关于代位求偿制度的法律性质、行使名义、被保险人对其的保护义务等诸多具有争议的问题,结合案例逐一进行分析,并提出了作者认为最为恰当的观点或做法。
The right of subrogation of maritime freight insurance is an embodiment of the principle of fairness. All countries give the insurer the right to exercise subrogation in the form of law. As a big shipping country, China has made specific provisions on the subrogation of the legislature. This paper tries to find out the status quo of the subrogation system in China’s marine insurance. In view of the legal nature of the subrogation system in China’s maritime freight insurance, many controversial issues such as the exercise of its name and the obligation of the insured to protect it, , Combined with case analysis one by one, and put forward the author thinks the most appropriate point of view or practice.