海上保险代位求偿权行使中的权利冲突
发布时间：2018-08-02 14:10
【摘要】：海上保险代位求偿权,是海上财产保险领域一项十分重要的法律制度。尤其是近些年,国际海上运输贸易的繁荣带动了海上保险业的发展,代位求偿权的行使越来越得到海上运输相关方以及保险人的重视。由于我国海上保险业的发展与发达国家存在一定差距,我国在海上保险代位求偿权制度方面主要借鉴了西方(尤其是英国)法律制度,并结合我国国情及司法实践作出规定。但是,我国有关海上保险代位求偿权制度的某些规定较为模糊,缺乏明确性和可操作性,由此产生了学术观点的分歧和法律适用的困难。本文从海上保险代位求偿权制度原理及其行使条件入手,在明确现有的法律规定基础上,运用比较分析、文献研究、实证分析法解决海上保险代位求偿权行使及权利冲突问题。笔者在本文的第一部分概括论述了海上保险代位求偿权制度及其行使条件,在第二部分论述了海上保险代位求偿权行使中的权利冲突类型,在第三部分论述了海上保险代位求偿权行使中的权利冲突解决方式,最后加以总结并作出结论。
[Abstract]:The subrogation of marine insurance is a very important legal system in the field of marine property insurance. Especially in recent years, the prosperity of international maritime transport trade has driven the development of marine insurance industry, and the exercise of subrogation claims has been paid more and more attention by the parties concerned and insurers. Because there is a certain gap between the development of marine insurance in China and the developed countries, our country mainly draws lessons from the western (especially the British) legal system in the system of subrogation of marine insurance, and makes the stipulation according to the national conditions of our country and the judicial practice. However, some regulations on the subrogation of marine insurance in China are rather vague and lack of clarity and maneuverability. As a result, there are differences of academic views and difficulties in the application of the law. This paper starts with the principle and conditions of marine insurance subrogation system, on the basis of clarifying the existing legal provisions, applies comparative analysis, literature research and empirical analysis to solve the problems of the exercise and conflict of rights in marine insurance subrogation. In the first part of this paper, the author generalizes the system of marine insurance subrogation and its conditions of exercise, and in the second part discusses the types of conflict of rights in the exercise of marine insurance subrogation. In the third part, the author discusses the ways to resolve the conflict of rights in the exercise of subrogation of marine insurance, and finally summarizes and draws a conclusion.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284;D922.294
本文编号：2159686
[Abstract]:The subrogation of marine insurance is a very important legal system in the field of marine property insurance. Especially in recent years, the prosperity of international maritime transport trade has driven the development of marine insurance industry, and the exercise of subrogation claims has been paid more and more attention by the parties concerned and insurers. Because there is a certain gap between the development of marine insurance in China and the developed countries, our country mainly draws lessons from the western (especially the British) legal system in the system of subrogation of marine insurance, and makes the stipulation according to the national conditions of our country and the judicial practice. However, some regulations on the subrogation of marine insurance in China are rather vague and lack of clarity and maneuverability. As a result, there are differences of academic views and difficulties in the application of the law. This paper starts with the principle and conditions of marine insurance subrogation system, on the basis of clarifying the existing legal provisions, applies comparative analysis, literature research and empirical analysis to solve the problems of the exercise and conflict of rights in marine insurance subrogation. In the first part of this paper, the author generalizes the system of marine insurance subrogation and its conditions of exercise, and in the second part discusses the types of conflict of rights in the exercise of marine insurance subrogation. In the third part, the author discusses the ways to resolve the conflict of rights in the exercise of subrogation of marine insurance, and finally summarizes and draws a conclusion.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284;D922.294
【参考文献】
相关期刊论文 前2条
1 温世扬;武亦文;;论保险代位权的法理基础及其适用范围[J];清华法学;2010年04期
2 明力,郝勇,刘利会;论海上保险人代位求偿权的行使[J];交通科技;2005年01期
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