| Abstract [eng] |
This Master Thesis provides with a thorough evaluation of problematic topics existing in subrogation regulation and application in the case law of Lithuania. In order to evade subjectivity, a fair attention herein is being paid to the concept of subrogation in various jurisdictions considering the historical outlook of subrogation in Roman law as well as the doctrine and case law of countries which had influence in formation of subrogation. The concept of subrogation is also being analyzed with regard to goals and principles of subrogation which are acknowledged in Lithuania’s and foreign substantive law and case law. Considering a complex regulation of subrogation in the substantive law of Lithuania, a considerable attention herein is being paid to a theoretical analysis of subrogation by confronting the issues pointed out in doctrine and case law. Primarily, the differences between subrogation, assignment and recourse are ascertained, secondly, a concept of subrogation depending on legal relations between the parties and comparative subrogation regulation in jurisdictions the civil law of which had the most influence to the content of the Civil Code of the Republic of Lithuania are provided. The Master Thesis reveals the reasons of perverse regulation of subrogation and provides with proposals on how the demerits should be eliminated in order to evade improper application of the law. With regard to the fact that most commonly subrogation in case law of Lithuania was applied in cases arising from legal insurance relations, the main attention is paid to the problems emerging in insurance cases, e.g. the application of rules regulating limitation of action, separate cases of excluding application of subrogation in civil liability insurance and qualification of Social Insurance Institutions’ right of action in recovering the disbursed insurance benefits. This Master Thesis also provides with analysis of issues not determined in substantive law but faced by Lithuania’s courts, e.g. the relation between the principle ex injuria jus non oritur and the legality of insurers’ actions as a prerequisite for the satisfaction of a subrogated claim. Due to pretty insignificant attention to subrogation from Lithuanian doctrine, it is mainly referred to works of foreign authorities in law, foreign sources of civil law and travaux preparatoires. |
