Legal Issues of Redress in Subrogation

Abstract

Due to the growing needs of compensation and protection of insured persons’ rights, improving the mechanisms of legal regulation of subrogation are becoming particularly urgent. The purpose of this article is to identify and systematize currently existing basic theoretical and scientific legal problems of subrogation. The results of the study include proposals for legal framework improvement regarding problems associated with the insurance of civil liability and the risk of losses from business activities, with the assignment and offset of claims in subrogation, with the ratio of the size of the insurance payment and subrogation claims as well as subrogation and reinsurance. In addition, the findings can be used to improve the norms of Russian civil law in order to eliminate the conflict of rules related to persons responsible for losses and persons responsible for the occurrence of an insured event, as well as to establish a ban on the use of subrogation in relation to the insured and his relatives.

Keywords

• subrogation
• insurance
• compensation
• legal framework