Issues, concerning the retroactive effect of the insurer’s subrogation against the offender  Cover Image
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Въпросите, които поставя обратното действие на суброгацията на застрахователя срещу причинителя на вредите
Issues, concerning the retroactive effect of the insurer’s subrogation against the offender

Author(s): Polya Goleva
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: INSURANCE LAW // The article discusses issues concerning the retroactive effect of art. 213, par. 1, sentence 4 of the Insurance Code, according to which whenever the driver of a motor vehicle with a compulsory thirdparty insurance (“Civil responsibility insurance”) causes damage, the property insurer who has subrogated into the rights of the injured party may lay claim to the offender solely for the amount of the damage which is in excess of the insurance amount or for the damage which the insurer under compulsory thirdparty insurance has refused to pay. The article accepts that the retroactive effect is not limited in time, nor does it contradict the provisions of the Constitution of the Republic of Bulgaria.

  • Issue Year: LI/2010
  • Issue No: 3
  • Page Range: 44-57
  • Page Count: 14
  • Language: Bulgarian