论实现代位求偿权的条件

本文针对理论界存在的保险人对被保险人就非常保险责任范围内的赔偿可以取得代位求偿权的观点 ,对保险业中的代位求偿权和新合同法中规定的代位权的法律性质进行了分析研究。认为 ,保险业中的代位求偿权与新合法规定的代位权是两个不同的法律概念 ,作者提出非保险责任范围的赔偿依法不产生代位求偿权。

On Preconditions as to the Enforcement of Subrogation Rights

Concerning the opinions in field of theory that the insurer should be subrogated if compensation made for the insured when the loss and/or damage were not under the insurance coverage, this paper analyses and studies the legal nature of subrogation under insurance scope with that under contract law scope. It holds that these two subrogation in different scopes are entirely different in their legal concepts, and affirms that no subrogation right will come into effect on above conditions even if under newly issued contract law.