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The Subrogation between The Guarantor of Secured Mortgage and Third Party Purchaser

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2017, (20), pp.79-99
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law

Lee Sung Jin 1

1대구가톨릭대학교

Candidate

ABSTRACT

COMMERCIAL ACT Article 724 (Relations between Insurers and Third Parties) (1) No insurer shall pay the insured amount, in whole or in part, to the insured before a third party has been indemnified for losses caused by an accident attributable to the insured. (2) A third party may directly request an insurer to compensate for losses caused by an accident attributable to the insured, within the limit of the insured amount: Provided, That an insurer may assert against the third party with a defense which the insured has in connection with the accident. When an applicable law is discussed on the Supreme Court decision, the claim for payment of insurance money of insured person can be recognized by applicable law of an insurance contract. Thus the legal character of right that a third party may directly request an insurer is come across as right to claim insurance money. A direct claim for payment of third party is construed as subject of applicable law on insurance contract.

Citation status

* References for papers published after 2023 are currently being built.