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Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect debts or damages.[1] It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for their own benefit.[2] A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It is a familiar feature of common law systems. Analogous doctrines exist in civil law jurisdictions.
Subrogation is a relatively specialised legal field; entire legal textbooks are devoted to the subject.[3][4]
- ^ "Definition of SUBROGATION". www.merriam-webster.com. Retrieved 2018-09-24.
- ^ Charles Mitchell; Stephen Watterson (2007). Subrogation (1st ed.). Oxford University Press. paragraph 1.01. ISBN 9780199296644.
In English law the term 'subrogation' denotes a process by which one party is deemed to have been substituted for another, so that he can acquire and enforce the other's rights against a third party for his own benefit.
- ^ Charles Mitchell; Stephen Watterson (2007). Subrogation (1st ed.). Oxford University Press. ISBN 9780199296644.
- ^ Henry Newton Sheldon (2017). The Law of Subrogation (1st ed.). Andesite Press. ISBN 978-1375572576.