Sembiring, Ruth Maria Br (2009) IMPLEMENTASI PRINSIP SUBROGASI DALAM ASURANSI KERUGIAN KEPADA PIHAK KETIGA DI PT ASURANSI RAMAYANA Tbk JAKARTA. S1 thesis, UAJY.
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Abstract
Insurance law recognizes some principles; one of them is subrogation principle.
The explanation of the principle is seen in the article of 284 Wetboek Van
Koophandel (WvK), in which, through the principle, a guarantor can replace the
position of an endured person. Subrogation can only be done by the insurance
company as a guarantor under condition if the third party has their own obligation
to give a claim loss to the endured party. Therefore, this research is done to
explain how far the scope of the subrogation principle if there is an evenement to
the third party, which particularly happened in the Asuransi Ramayana Company
in Jakarta. The research method used in this field is the empirical law research. It
is a law research that focuses on the society behavior (law in action) which is done
directly to the informants that is used as the primary data. In the implementation
process of this subrogation principle, the right of claim will move to the guarantor
when the claim losss have already approved by the endured party and then the
guarantor will execute the right of subrogation by doing mediation or sending a
lawsuit to the court. However, it can be seen later in this research whether the
guarantor's taking steps will gain profit or loss. Therefore in these rights, the
guarantor should explain the scope of subrogation principle if there is an
evenement occurs in a certain condition and the endured party is also able to give
a clear identity to the third party in order to gain a good condition in the
implementation of subrogation principle.
| Item Type: | Thesis (S1) |
|---|---|
| Uncontrolled Keywords: | Subrogation Principle, Subrogation Liability to the Third Party |
| Subjects: | Ilmu Hukum > Ekonomi Bisnis |
| Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
| Date Deposited: | 22 May 2014 10:28 |
| Last Modified: | 22 May 2014 10:28 |
| URI: | https://repository.uajy.ac.id/id/eprint/5142 |
