Subrogation of the Guarantee Fund and liability of the persons failing to take out mandatory insurance: an endorsement of the prevailing opinion of Portuguese courts Cover Image

Subrogation of the Guarantee Fund and liability of the persons failing to take out mandatory insurance: an endorsement of the prevailing opinion of Portuguese courts
Subrogation of the Guarantee Fund and liability of the persons failing to take out mandatory insurance: an endorsement of the prevailing opinion of Portuguese courts

Author(s): Maria Inês de Oliveira Martins
Subject(s): Civil Law, Law on Economics
Published by: Polska Izba Ubezpieczeń
Keywords: subrogation; Guarantee Fund; third-party liability motor insurance

Summary/Abstract: The paper discusses the problem of subrogation of the Guarantee Fund, especially in a case when a person who failed to take out the third-party liability motor insurance was not liable for the accident. The author presents current trends in Portuguese case-law on this matter and examines whether the Guarantee Fund should be entitled to claim the redress.

  • Issue Year: 2019
  • Issue No: 4
  • Page Range: 37-58
  • Page Count: 22
  • Language: English