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subrogation    
n. 代位,代位偿清,更替

代位,代位偿清,更替

subrogation
n 1: (law) the act of substituting of one creditor for another

Subrogation \Sub`ro*ga"tion\, n. [Cf. F. subrogation, LL.
subrogatio.]
The act of subrogating. Specifically: (Law) The substitution
of one person in the place of another as a creditor, the new
creditor succeeding to the rights of the former; the mode by
which a third person who pays a creditor succeeds to his
rights against the debtor. --Bouvier. Burrill. Abbott.
[1913 Webster]

SUBROGATION, civil law, contracts. The act of putting by a transfer, a
person in the place of another, or a thing in the place of another thing. It
is the substitution (q.v.) of a new for an old creditor, and the succession
to his rights, which is called subrogation; transfusio unius creditoris in
alium. It is precisely the reverse of delegation. (q.v.)
2. There are three kinds of subrogation: 1. That made by the owner of a
thing of his own free will; example, when be voluntarily assigns it. 2. That
which arises in consequence of the law, even without the consent of the
owner; example, when a man pays a debt which could not be properly called
his own, but which nevertheless it was his interest to pay, or which he
might have been compelled to pay for another, the law subrogates him to all
the rights of the creditor. Vide 2 Binn. Rep. 382; White's L. C. in Eq.* 60-
72. 3. That which arises by the act of law joined to the act of the debtor;
as, when the debtor borrows money expressly to pay off his debt, and with
the intention of substituting the lender in the place of the old creditor. 7
Toull. liv. 3, t. 3, c. 5, sect. 1, Sec. 2. Vide Civ. Code of Louisiana,
art. 2155 to 2158; Merl. Repert. h.t.; Dig. lib. 20; Code, lib. 8, t. 18 et
19 9 Watts. R. 451; 6 Watts & Serg. 190; 2 Bouv. Inst. n. 1413.


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  • Understanding Subrogation in Insurance: Importance and How It Works
    What Is Subrogation? Subrogation describes the right of an insurer to seek damages from a third party that caused a loss
  • What Does Subrogation Mean in Insurance? - LegalClarity
    Subrogation is how your insurer recovers costs from the party responsible for your claim — and it can even help you get your deductible back
  • Subrogation - Wikipedia
    In English law the term 'subrogation' denotes a process by which one party is deemed to have been substituted for another, so that he can acquire and enforce the other's rights against a third party for his own benefit
  • What Are Subrogation Claims - bohnlaw. com
    Subrogation is a legal process where insurers seek reimbursement from at-fault parties after paying a policyholder's initial costs This system ensures the responsible individual bears the financial burden for property damage, personal injuries, or workplace accidents
  • Subrogation | Definition, Principles, Types, Phases, and Roles
    Subrogation is a fundamental concept in insurance that allows an insurance company to step into the shoes of the insured after a loss and seek recovery from a third party that caused the damage
  • subrogation | Legal Information Institute
    Subrogation is the process where one party assumes the legal rights of another, typically by substituting one creditor for another Subrogation can also occur when one party takes over another's right to sue
  • Subrogation: The Ultimate Guide to How Insurance Companies Recover . . .
    The merchant has insurance and the insurer pays for the lost cargo Without subrogation, the merchant could then also sue the negligent captain for the very same loss, effectively getting a double recovery The early courts of equity saw this as unfair
  • Subrogation in Business Insurance: What It Is, How It Works
    A subrogation clause allows insurance companies to pay their insured’s losses while still seeking payment or reimbursement from the third party that caused the incident
  • Insurance Law: What Is a Subrogation Action? - FindLaw
    In insurance terms, subrogation is a legal action that an insurance company (the insurance carrier) takes to recoup the funds paid out in a claim from the at-fault party
  • Understanding Equitable Subrogation: A Legal Guide
    In the complex worlds of insurance and legal liability, the principle of equitable subrogation is a cornerstone of fairness At its core, it's a legal doctrine designed to prevent an unjust enrichment and ensure that the ultimate financial responsibility for a loss falls on the party who actually caused it If you've ever filed an insurance claim for damage caused by someone else, you've





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