1887

n Tydskrif vir die Suid-Afrikaanse Reg - Subrogation in terms of a marine insurance contract governed by foreign law : the untraceable or no longer existing insured creates a dilemma for insurers - 2007 4 All SA 922 (C) : regspraak

USD

 

Abstract

This decision concerned mainly procedural matters in an admiralty action , but nevertheless highlighted an arcane procedural niche of the principle of subrogation as it operates in insurance law. That should not be too surprising. After all, subrogation is for a large part nothing more than a procedural device in the service of the indemnity principle.


Furthermore, the decision is of note in that it concerned a contract of marine insurance, a species of insurance that despite its ancient pedigree rarely comes before local courts these days. And finally, the decision raised a small but moot point in the field of private international law. But first, the background.

Loading

Article metrics loading...

/content/ju_tsar/2008/3/EJC55184
2008-01-01
2016-12-03
This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error