subrogation
subrogation (v)
English Definitions:
subrogation (noun)
(law) the act of substituting of one creditor for another
subrogation (Noun)
The substitution of a different person in place of a creditor.
Subrogation
Subrogation is the legal doctrine whereby one person takes over the rights or remedies of another against a third party. Rights of subrogation can arise two different ways: either automatically as a matter of law, or by agreement as part of a contract. Subrogation by contract most commonly arises in contracts of insurance. Subrogation as a matter of law is an equitable doctrine, and forms part of a wider body of law known as unjust enrichment. The two most common areas where subrogation is relevant are insurance and sureties. In each case, the basic premise is that where one person makes a payment on an obligation which, in law, is the primary responsibility of another party, then the person making the payment is subrogated to the claims of the person to whom they made the payment with respect to any claims or remedies which are exercisable against the primarily responsible party. For example, if a car owner has collision insurance on their car and the car is damaged by a negligent third party, if the car owner elects to claim under his insurance policy, then any claims which the car owner had against the negligent party will pass to the insurance company in countries which recognise the doctrine. Similarly, if a father guarantees the debts of his son to the bank, and the bank elects to call upon the guarantee rather than claiming against the son directly, then if the father pays out on the guarantee, he will become subrogated to the bank's claims against the son.
Subrogation
Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect a debt or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit. A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It is a familiar feature of common law systems. Analogous doctrines exist in civil law jurisdictions. Subrogation is a relatively specialised field of law; entire legal textbooks are devoted to the subject.
Citation
Use the citation below to add this dictionary page to your bibliography:
Style:MLAChicagoAPA
"subrogation." Kamus.net. STANDS4 LLC, 2024. Web. 24 Apr. 2024. <https://www.kamus.net/english/subrogation>.
Discuss this bahasa indonesia subrogation translation with the community:
Report Comment
We're doing our best to make sure our content is useful, accurate and safe.
If by any chance you spot an inappropriate comment while navigating through our website please use this form to let us know, and we'll take care of it shortly.
Attachment
You need to be logged in to favorite.
Log In