Regreso ir subrogacijos atribojimas draudimo teisiniuose santykiuose
MetadataShow full item record
The problems of recourse and subrogation institutes regulation in the Civil Code of Republic of Lithuania are analyzed in this article. Distinction of institutes’ problems becomes more apparent analyzing legal relations of insurance. Variables and application of recourse and subrogation remains unclear analyzing both legal doctrine and constantly changing practice of Lithuanian Supreme Court. Legislature of Republic of Lithuania called Civil code chapter VII “transfer of legal requirement to third party in recourse order (subrogation)” thus contributing to confusion of recourse and subrogation equating. Relevance of the topic is also justified by the fact that since new Lithuanian Civil code came into force seventeen years ago it still remains unclear criteria implicating recourse and subrogation in legal relations. Recourse occurs after third party fulfills obligation for the debtor. This is a new recourse obligation which links debtor and party fulfilling debtor’s obligation. Meanwhile, in the case of subrogation institute it is the same continuing obligation causing consequences not only for the parties to the insurance contract, but also to third parties. The purpose of this scientific article is to analyze nature of recourse and subrogation institutes also to investigate legal framework of insurer's rights claiming compensation from the liable person's and to perform comparative analysis of recourse and subrogation in insurance legal relations and dissociate these two institutes. Object of scientific article – features of recourse and subrogation institutes application in insurance legal relations.
- Articles / Straipsniai