Golovachev Y. Subrogation in insurance relationships.

The dissertation is the first special complex research in domestic science of civil law of theoretical and practical problems of legal regulation of subrogation in insurance legal relationships. The question of origins of the category “subrogation” in civil law was researched, namely subrogation in ancient Roman private law and the development of the doctrine of subrogation in the countries of Common and Roman-Germanic law. The concept, features of subrogation in civil law and its functions in insurance relationships were defined. The cases of transmission of creditor’s rights through subrogation, which are enshrined in civil law, were researched. The correlation of subrogation with related categories was defined, special attention being paid to correlation of the concepts of “subrogation” and “regression” in insurance relationships. The peculiarities of application of the mechanism of subrogation in insurance relationships were defined. The cases of application of subrogation in insurance relationships were analysed. The grounds of transfer of the creditor’s rights through subrogation and the grounds of implementation of the subrogational claim were sustantiated. The order of implementation of the subrogational claim was researched. Scientifically based proposals for the improvement of acts of civil legislation in the field of use of subrogation were formulated.