Subrogatie
Subrogation
Subrogation is the transfer of a claim whereby a third party succeeds to the rights of the original creditor. This mechanism prevents unjust enrichment and arises principally in insurance.
Subrogation means that a creditor transfers its claim to a third party, who thereby assumes the same legal position as the original creditor. Under Dutch law, this is governed by Article 6:150 of the Civil Code and related provisions, enabling the subrogant to enforce the claim as if it were the original creditor.
The significance of subrogation is that the party making payment or disbursement acquires the right to recover the claim from the debtor. This facilitates the efficient settlement of losses and prevents the debtor from being unduly discharged from its obligations.
In practice, subrogation is widely used in insurance law, where, following payment of compensation, the insurer is subrogated to the rights of the insured against the liable third party.
“After paying out the compensation, the insurer was subrogated to the rights of the injured party and sought to recover the amount from the tortfeasor.”
Need legal advice?
Schedule a free consultation with one of our specialists