Izvorni znanstveni članak
The insurer's right of subrogation in Croatian law
Drago Pavić
; Croatia, Zagreb, Hrvatska
Sažetak
The author analyses and elaborates legal problems of the insurer's right of subrogation in Croatian law and compares Croatian with English law. He emphasizes the differences between these two legal systems regarding law of subrogation.
Under Croatian law, as well as in all other states of ex Yugoslavia, by payment of the indemnity all right of the assured against third parties in respect of the loss for which indemnity has been paid are transferred to the insured. The consequence is that the insurer acquires the right of action to sue the wrongdoer in his own name.
In English law, by contrast, the doctrine of subrogation does not confer a new and independent right of action on the insurer, but merely gives it the benefit of any personal rights that the insured himself has against the third party.
It is, therefore, indisputable that subrogation action must be brought in the name of the assured. The author considers that these differences have very important practical effect. He analyses and explains the differences which exist between subrogation in insurance law and agreements on cession in civil law. He considers that an ex gratia payment does not lead to subrogation rights for the insurer on the basis of insurance law.
Ključne riječi
insurer; subrogation; Croatian law; liability for damage; English law;
Hrčak ID:
209190
URI
Datum izdavanja:
29.4.1992.
Posjeta: 950 *