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სუბროგაციის გამიჯვნა რეგრესის წესით ზიანის ანაზღაურებისა და ცესიისაგან
Date Issued
2019
Author(s)
Advisor(s)
Institution
Faculty
Abstract
The term “Subrogation” (Latin - Subrogatus) is of Latin origin and literally means
“substitution of one subject with another”. The mentioned term is mainly used in the
Anglo-Saxon law system, while in the Continental European Law the mentioned
institution is known as Cession Legis.
During the subrogation, a new creditor takes the place of an old creditor in an
obligatory legal relationship, and the right of request towards the third party is
transferred to the new creditor.
In Georgian legal doctrine and judicial practice, the subrogation is often confused
with such institutions of civil law as recovery of damages in a form of regression and
cession. However, it is important to note that the distinction between these
institutions has theoretical as well as practical importance. The main subject and aim
of the research of the Master’s thesis is the separation of the subrogation institution
from the recovery of damages in a form of regression and the cession.
In order to better differentiate and represent the main characteristics and
distinguishing features of the institutions to be researched, the research provides a
comparative legal analysis of national legislation as well as of legislations of various
countries, existing court practice and scientific literature.
In the present thesis, together with the main goals of subrogation, there is a
discussion concerning the legal and formal basis for the creation of subrogation, the
role of the institution in the insurance law and positive as well as negative aspects of
its usage.
The thesis consists of an introduction part, four chapters and a conclusion. The first
chapter covers the essence of the subrogation institution, its origin and historical
stages of development. The second chapter concerns the principles of formal and legal
origin of the subrogation institution in insurance law. Correspondingly, the third and
the fourth chapters discuss the comparative legal analysis of subrogation and
regression, subrogation and cession.
“substitution of one subject with another”. The mentioned term is mainly used in the
Anglo-Saxon law system, while in the Continental European Law the mentioned
institution is known as Cession Legis.
During the subrogation, a new creditor takes the place of an old creditor in an
obligatory legal relationship, and the right of request towards the third party is
transferred to the new creditor.
In Georgian legal doctrine and judicial practice, the subrogation is often confused
with such institutions of civil law as recovery of damages in a form of regression and
cession. However, it is important to note that the distinction between these
institutions has theoretical as well as practical importance. The main subject and aim
of the research of the Master’s thesis is the separation of the subrogation institution
from the recovery of damages in a form of regression and the cession.
In order to better differentiate and represent the main characteristics and
distinguishing features of the institutions to be researched, the research provides a
comparative legal analysis of national legislation as well as of legislations of various
countries, existing court practice and scientific literature.
In the present thesis, together with the main goals of subrogation, there is a
discussion concerning the legal and formal basis for the creation of subrogation, the
role of the institution in the insurance law and positive as well as negative aspects of
its usage.
The thesis consists of an introduction part, four chapters and a conclusion. The first
chapter covers the essence of the subrogation institution, its origin and historical
stages of development. The second chapter concerns the principles of formal and legal
origin of the subrogation institution in insurance law. Correspondingly, the third and
the fourth chapters discuss the comparative legal analysis of subrogation and
regression, subrogation and cession.
Degree Name
Master of Law
Degree Discipline
სამართალი/LAW
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samagistro imnadze.pdf
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სუბროგაციის გამიჯვნა რეგრესის წესით ზიანის ანაზღაურებისა და ცესიისაგან
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458.89 KB
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