What are the circumstances under which recovery should be pursued, and what is the difference betwee

In judicial practice, the exercise of the right of recourse generally has the following situations:

1. After the insurance company pays compensation for the property insurance, it obtains the right of recourse against the infringer (transferred by the victim);

2. The guarantor obtains the right of recovery against the debtor after repaying the debts on behalf of the debtor;

3. After the unit has assumed the liability for compensation to the outside world, it can recover from the responsible individual who has committed a mistake and caused the infringement, which is also a right of recourse. Judging from these circumstances, the right of recourse is an uncertain creditor's right, a right of request, and a right of permission, which arises based on a certain premise and basic legal relationship, and is exclusive to a certain civil subject. The right of recourse is only a kind of economic right to claim compensation to the person who has paid a certain obligation.

Such a right is only a possibility until it is exercised, and only when it is asserted exclusively by the person with the right of recourse gives rise to substantive legal significance. The right of recourse has no practical significance because the holder of the power does not assert or exercise it. When the right holder recovers, it is not necessary to recover in full, it can be partially recovered or fully recovered, and whether it is full recovery or partial recovery depends on the right holder.

Whether this kind of recovery is or not, and the amount of recovery are not clear and fixed, so the right of recovery is an uncertain creditor's right, only a right of request, and only a kind of permission and a kind of setting in law. The reason why this right is exclusive to the person who has the right of recovery is that it cannot be granted to someone else, and no one else has the right to do so. Even creditors of the person with the right of recovery cannot claim rights against the person being recovered.

In the case of the exercise of subrogation, due to the uncertainty of the right of recovery and the non-assertion of the right of recovery, there is no such claim, so this right cannot become a claim for the exercise of subrogation. In the judicial interpretation, we see that the claims of maintenance, maintenance, marriage, and inheritance are defined as having the nature of claims exclusive to the debtor. The limit of how much is advocated lies in the ability to afford people.

The same is true of the guarantor's insurer's right of recovery, which can be recovered, and how much to recover, is uncertain, and the boundary is the amount of insurance compensation or the guarantee debt that is repaid in lieu of repayment.

The right of recourse is an economic right to ask for compensation given by law to a person who has paid a certain obligation. This kind of right is only a possibility before it is exercised, and it only arises when it is claimed exclusively by the person who has the right of recourse, so it is an uncertain creditor's right, and this right arises on the basis of a certain basic legal relationship and is exclusive to a certain civil subject. The guarantor's right of recourse, also known as the "guarantor's right to claim", refers to the right of the guarantor to request repayment from the principal debtor after performing the guarantee debt.

The guarantor has the right to recover from the debtor after assuming the guarantee liability. The guarantor has the right to recover from the debtor after performing the debt. The right of recovery enjoyed by the guarantor is essentially a right of subrogation, that is, after the guarantor repays the debt, it replaces the position of the original creditor and forms a creditor-debtor relationship between it and the debtor.

The right of recourse has expired, and the court that meets the statutory requirements will also file the case.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

Three Caves Hail Fissure) has specific litigation claims, facts and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts shall not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Legal basis: Article 700 of the Code of the People's Republic of China provides that after the guarantor assumes the guarantee liability, unless otherwise agreed by the parties, it has the right to recover from the debtor within the scope of the guarantee liability and enjoys the rights of the creditor against the debtor, but shall not harm the interests of the creditor.

Recovery is an act in which the insurer claims compensation from the third-party responsible party in accordance with the principle of subrogation.

In the case of compensatory insurance contracts such as property insurance, if the insured accident is caused by the negligence or illegal act of a third party.

The third party shall be liable for the loss of the insured. The insurer may, in accordance with the provisions of the insurance contract or the provisions of the law, compensate the insured in advance, and then have the right to replace the insured and recover from the third party responsible party.

Workers' compensation insurance. Determination: work-related injury or occupational disease of the worker.

In the event of temporary or permanent loss of working capacity and death, the responsibility for the work-related injury lies with the individual or the enterprise, regardless of the cause, and the social insurance benefits are enjoyed, that is, the principle of compensation without fault.

Work-related injury insurance, also known as occupational injury insurance. Work-related injury insurance is a method of social co-ordination, focusing on the work-related injury insurance premiums paid by the employer, establishing work-related injury insurance, and giving workers and their hail plexes practical legal medical treatment and necessary economic compensation when they suffer accidental injuries or occupational diseases in production and business activities, and resulting in death, temporary or permanent loss of working ability.

A social security system.

Recovery is the act of the insurer claiming compensation against the third party responsible party with the right of subrogation after the loss of the insured object.

This means that after the insurer temporarily pays the rescue expenses that the victim should bear on behalf of the victim, the insurer requires the victim to repay the advance expenses in accordance with the provisions of laws and regulations and the provisions of the insurance contract.

The right of recourse generally has the following types: 1. The insurance company obtains the right of recourse against the infringer (transferred by the victim) after paying compensation for the property insurance; 2. The guarantor obtains the right of recovery against the debtor after repaying the debts on behalf of the debtor; 3. After the unit has assumed the liability for compensation to the outside world, it can recover the responsible individual who has committed a mistake and caused the infringement, which is also a kind of recovery.

Legal analysis: that is, the difference between the right of recourse and the right of recourse: the subject of the right is different, the former guarantor, the latter noteholder (creditor); The scope of application is different, the former is guaranteed by debt, and the latter is negotiable.

The right of recourse refers to the right of the guarantor to recover from the debtor after paying off the debt on behalf of the debtor; The right of recourse refers to the right of the holder of the bill to claim back the payment from the endorser and drawer of the bill when the payer refuses to pay in the process of financial activities and the circulation of the bill.

The right of recourse is the right to seek compensation from a literal point of view. There is also the right of recourse, also known as the "guarantor's right to claim compensation", which is an economic right to claim compensation to the person who has paid a certain obligation. This right is only a possibility before it is exercised, and it only has a substantive legal meaning when it is claimed exclusively by the person who has the right of recourse, so it is an uncertain creditor's right, which arises on the basis of a certain basic legal relationship and is exclusive to a certain civil subject.

Legal basis: Article 241 of the Civil Procedure Law of the People's Republic of China If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, he shall report on the current property situation and the property situation in the year prior to the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

The legal differences between compensation and compensation are as follows: (1) The legal nature is different, compensation is supplementary, and compensation is punitive; (2) the principle of liability is different, the compensation is carried out on the basis of the principle of fairness in the form of no fault, and the compensation involves fault liability; (3) the cause of the act is different, the compensation is caused by the lawful act, and the compensation is caused by the illegal act; (4) The compensation methods are different, and the compensation is mostly the payment of a certain amount of money, and the compensation is mainly monetary compensation, supplemented by the restoration of the original state and the return of property; (5) The time of liability is different: the compensation may be before the occurrence of the damage and after the occurrence of the damage, and the compensation shall be conditional on the actual occurrence of the damage.

Article 2 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Article 2 The owner or source tenant manager of a motor vehicle driving on the road within the territory of the People's Republic of China shall purchase compulsory insurance for motor vehicle traffic accident liability in accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China. Article 21 If a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with law. If the loss of a road traffic accident is intentionally caused by the victim of the accident, the insurance company will not compensate for it.

Article 55 of the Insurance Law of the People's Republic of China Where the policyholder and the insurer agree on the insured value of the insured object and specify it in the contract, the agreed insured value shall be used as the compensation calculation standard when the insured object suffers a loss.