A Quest for Subrogation in Insurance:
To Formulate a Model Statute by Comparative Study
The aim of this work is to fix a minimum level of standard of harmonization between common law and civilian traditions with respect to subrogation in insurance, in order to formulate a model statute for international follow-up. England and Germany have been chosen as comparators representing respectively common law system and civilian system, resting on distinctive grounds, while Taiwan has been selected for her hybrid nature in insurance contract law.
This work roots primarily on comparative law study between the comparators through microcomparison approach to enable to find out the best solution. English law, the mother of the common law families, has a good reputation for her mature and predictable insurance law system and for her dynamic insurance market situated in her capital, London. German law, apart from French law, is the representative system of civil law families, which probably have equal influence as English law does, which is selected as a opposite comparator, as German legal system is, in most of its attributes, diametrically opposed to common law system. As to Taiwanese law is concerned, the Taiwanese Insurance Code and the Marine Insurance Chapter in the Maritime Code, were the product of the partial mixture of German and English laws from their very initial legislation in 1929, the hybrid nature of which has made her a great source of solutions in harmonizing civil law and common law.
Keywords: insurance contract, subrogation, assignment, abandonment, comparative law