Abigail D`mello, Doctrine of Subgressation – Transfer of Property Act, NEAR LAW (October 24, 2017), kanoon.nearlaw.com/2017/10/24/doctrine-subrogation-transfer-property-act/.  Law Bhoomi, Doctrine of Recurcance: Significance, Case Law and Provisions, LAW BHOOMI (March 3, 2020), lawbhoomi.com/doctrine-of-subrogation/. Stringer v. The English and Scotch Marine Insurance Co. was the first English case to use the term « remedy ». In that case, the plaintiffs secured a ship load with the defendants for « the arrest, arrest, detention and imprisonment of all kings, princes and peoples at sea. » The ship was eventually captured by an American cruiser and taken to New Orleans, where a lawsuit was filed against its conviction. The plaintiffs successfully challenged the lawsuit and the kidnappers appealed. The plaintiffs were forced to provide guarantees for costs they could not pay. As a result, the vessel was condemned and the plaintiffs filed a formal notice of abandonment of the cargo, requiring the insurance company to compensate them for all their losses. The court said the plaintiff, as insured, had the option to challenge the appeal in U.S. court or claim a loss arising from the policy. Insurers had to pay because the insured had chosen the latter option.
Insurers were entitled to subrogation after paying. They would take away from the Americans what they could to make their own profit. Redress is a doctrine based on the ideals of equality, justice and morality. The basic principle of the doctrine is that the person who pays off a mortgage inherits all the rights of the mortgagee. Even in those parts of India where the law itself was not applicable, this term was made applicable.  Section 92 of the Transfer of Property Act, 1882 recognizes and describes the right to subrogation. The doctrine of subrogation gives the insurer the right to assert the rights and remedies of the insured against third parties in accordance with the damage, to the extent that the insurer indemnifies and has indemnified the damage. Accordingly, the insurer has the right to exercise all rights available to the insured to obtain compensation for damages to this extent, but this should be done on behalf of the insured.  The nature and scope of the doctrine of subrogation was defined by the Calcutta High Court in Bisseswar Prasad v. Lala Sarnam Singh (1910) 6 Cal. LJ 134: « The doctrine of subrogation is a doctrine of jurisprudence in matters of equity. It does not depend on the express or implied contractual obligation, unless it can be assumed that own funds are contributed to a transaction and thus implicitly give rise to a contract.
It is based on the facts and circumstances of each individual case and on the principles of natural justice.  Nothing in this section conferred a right of subrogation on any person unless the hypothec claimed has been paid in full.] Paragraph 3 of Article 92 of the TPA 1882 deals with contractual subrogation. Conventional subrogation occurs when a person outside the hypothec prepays money to the mortgagee under an agreement that he transfers to the rights of the mortgagee when the mortgagee buys back the mortgage with that money. Subsection 92(1) deals with statutory subrogation. Legal subrogation results from the application of the law. Legal subrogation occurs when a mortgage is repaid by a person who has interest or charges on the debt, or who is a guarantor, creditor or co-creditor to secure the interest. If a subsequent mortgagee buys back the former mortgagee, a co-creditor buys back the mortgage, a guarantor buys back the mortgagee or an equity buyer buys the mortgage, there is legal subrogation. Section 92 contains the list of persons who may apply for subrogation. – In London Assurance Co. v.
Sainsbury`s, the ideas of fairness subrogation were accepted and incorporated into the common law. The common law has played an important role in the future of this just theory.  In Deering v. Winchelsea, the Exchequer Court concluded that the « contribution fund » is a principle of lasting justice that is not set out in the treaty: its contribution is considered equitable without reference to a contract. In a court of equity, the principle is more obvious than in a court. In court, the party is dragged before an Audita Querela or a Seire Facias to stop the execution and force the execution against all. Subrogation is the right of each subsequent mortgagee. Therefore, subrogation cannot be claimed by a single mortgagee. Another subsequent mortgagee has the same right of subrogation. Section 92 of the Transfer of Property Act 1882 establishes the doctrine of remedy. The term « remedy » means substitution.
Any person other than a hypothecary creditor or co-creditor who has an interest in the mortgaged property and repays the hypothec has the right to be replaced in place of the mortgagee. In other words, the person who pays off the mortgage debt follows in the footsteps of the mortgagee (creditor), which is called subrogation or replacement of that person in place of the mortgagee for repayment, foreclosure, or sale. The co-debtor is a co-debtor. In the debt secured by a mortgage, he is a shareholder in the debt and his property is part of the total mortgaged property. He would therefore only be liable for the amount of his own share of the debt. However, if, in addition to buying back his own share, he also pays the share of other mortgage borrowers, he would be entitled to be assigned in place of such a mortgagee. Overall, in order to assess the applicability of the principles of subrogation, it is necessary to examine the method by which the insured person is compensated for the damage suffered. The existence or absence of claims may have a significant impact on the risk profile of a given risk, in particular in the case of large and complex risks involving several insured persons.
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