Regression and Subrogation in CMTPL Contracts

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Abstract

The article examines the key aspects of institutions of subrogation and recourse in the framework of compulsory motor liability insurance (CMTPL) in Russia. The legal mechanisms governing these institutions, as well as their differences and similarities, are discussed. Special attention is paid to the legal nature of regression and subrogation, their role in the distribution of responsibility between participants in insurance relations and the problems associated with insufficient regulation of these concepts in Russian legislation. The paper also analyzes foreign experience, emphasizing the need for legislative changes to eliminate legal uncertainty and protect the interests of subjects of insurance legal relations. Considering the identified problems, it is proposed to amend the legislation in order to eliminate legal uncertainty and protect the interests of all participants in insurance relations, which will provide a clearer framework for the application of the mechanism of subrogation and recourse in Russia.

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About the authors

Nikolay Yu. Duvanov

Plekhanov Russian University of Economics

Author for correspondence.
Email: Duvanov.NY@rea.ru
SPIN-code: 2779-4319

Cand. Sci. (Law), Associate Professor of the Department of Civil Law Disciplines

Russian Federation, Moscow

Eldar A. Pens

Plekhanov Russian University of Economics

Email: psgrupp78@gmail.com

Postgraduate Student of the Department of Civil Law Disciplines

Russian Federation, Moscow

References

  1. Dedikov S. V. Compulsory insurance of civil liability. Moscow: Law Center Press. 2012. 436 p.
  2. Kosov A. I. The Doctrine of Subrogation and the Specifics of its Interaction with Regression in Russian and Foreign Law // Actual problems of Russian law. 2024. No. 19 (4). P. 66–80.
  3. Kratenko M. V., Luik O.-J. Modern Concept of Indemnity Insurance and Prospects for Its Implementation in Russian Law // Perm University Herald. Juridical Sciences. 2020. Issue 50. P. 762–786.
  4. Kudelich M. I. Legal Issues of Redress in Subrogation // Financial Journal. 2020. Vol. 12. No. 2. P. 111–119.
  5. Svetlichny A. D. The ratio of regression and subrogation in compulsory insurance of civil liability of vehicle owners // Izvestia: Herzen University Journal of Humanities & Sciences. 2008. No. 54. P. 197–200.

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