English  |  正體中文  |  简体中文  |  Items with full text/Total items : 26988/38789
Visitors : 2344706      Online Users : 34
RC Version 4.0 © Powered By DSPACE, MIT. Enhanced by NTU Library IR team.
Scope Adv. Search

Please use this identifier to cite or link to this item: http://ntour.ntou.edu.tw:8080/ir/handle/987654321/45644

Title: A Quest for Subrogation in Insurance: To Formulate a Model Statute by Comparative Study
Authors: 饒瑞正
Contributors: 國立臺灣海洋大學:海洋法律研究所
Date: 2006
Issue Date: 2018-03-29T06:33:31Z
Publisher: 保險實務與制度
Abstract: 摘要:  The aim of this work is to fix a minimum level of standard of harmonization between common law and civilian traditions with respect to subrogation in insurance, in order to formulate a model statute for international follow-up. England and Germany have been chosen as comparators representing respectively common law system and civilian system, resting on distinctive grounds, while Taiwan has been selected for her hybrid nature in insurance contract law. This work roots primarily on comparative law study between the comparators through microcomparison approach to enable to find out the best solution. English law, the mother of the common law families, has a good reputation for her mature and predictable insurance law system and for her dynamic insurance market situated in her capital, London. German law, apart from French law, is the representative system of civil law families, which probably have equal influence as English law does, which is selected as a opposite comparator, as German legal system is, in most of its attributes, diametrically opposed to common law system. As to Taiwanese law is concerned, the Taiwanese Insurance Code and the Marine Insurance Chapter in the Maritime Code, were the product of the partial mixture of German and English laws from their very initial legislation in 1929, the hybrid nature of which has made her a great source of solutions in harmonizing civil law and common law.
Relation: 5(1) pp.1-40
URI: http://ntour.ntou.edu.tw:8080/ir/handle/987654321/45644
Appears in Collections:[海洋法律研究所] 期刊論文

Files in This Item:

There are no files associated with this item.

All items in NTOUR are protected by copyright, with all rights reserved.


著作權政策宣告: 本網站之內容為國立臺灣海洋大學所收錄之機構典藏,無償提供學術研究與公眾教育等公益性使用,請合理使用本網站之內容,以尊重著作權人之權益。
網站維護: 海大圖資處 圖書系統組
DSpace Software Copyright © 2002-2004  MIT &  Hewlett-Packard  /   Enhanced by   NTU Library IR team Copyright ©   - Feedback