Output details
20 - Law
University of Oxford
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Output 0 of 0 in the submission
Article title
Grenzen des Versichererregresses
Type
D - Journal article
DOI
-
Title of journal
Zeitschrift fur Europaisches Privatrecht
Article number
-
Volume number
2013
Issue number
2
First page of article
283
ISSN of journal
0943-3929
Year of publication
2013
URL
-
Number of additional authors
0
Additional information
-
Interdisciplinary
-
Cross-referral requested
-
Research group
None
Proposed double-weighted
No
Double-weighted statement
-
Reserve for a double-weighted output
No
Non-English
Yes
English abstract
It is a well settled principle under German law that the insurer—having compensated the insured—receives by virtue of a cessio legis the insured’s claim against the wrongdoer. Similarly in English law the insurer is subrogated to the claim of his insured against the tortfeasor. The article challenges the rationales for allowing the insurer to exercise the insured’s claim in delict/tort and suggests a different solution. The article proposes to abolish subrogation against merely negligent wrongdoers. Finally this proposition is tested against one of the crucial functions of the law of delict/tort—the deterrence or the prevention of accidents.
