Subrogation – Right Transfer Mechanism in Risk Transfer Industry

2 Baku St. U. L.Rev. 206 (2016)
Article language: English.


This article is discussing the subrogation as one of the key legal concepts of insurance business. Origin and definition of subrogation, historical background, types of subrogation, common and civil law approaches to this legal concept, legal doctrines made to ameliorate the harshness of subrogation, ‘made whole doctrine’ as the most widespread one, pros and cons of made whole doctrine are examined in this article. It is also indicated that in spite of its ‘blind sides’ the made whole doctrine, there is no any alternative. Furthermore, the necessity of modifications is also emphasized.

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