Skoči na glavni sadržaj

Izvorni znanstveni članak

The insurer's right of subrogation in Croatian law

Drago Pavić ; Croatia, Zagreb, Hrvatska


Puni tekst: engleski pdf 774 Kb

str. 9-18

preuzimanja: 290

citiraj


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

https://hrcak.srce.hr/209190

Datum izdavanja:

29.4.1992.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.435 *