La subrogation légale de l’assureur en vertu du Code civil : historique, développements et aspects procéduraux
In damage insurance, article 2474 C.c.Q. provides the possibility for the insurer to be legally subrogated to the rights of the insured against the person responsible for the loss, up to the amount of indemnity paid. The insurer may never be subrogated against persons who are members of the household of the insured.  Firstly, the present Master’s thesis makes a historical overview of the right of subrogation of the insurer under the Civil Code. Since the codification of 1865, the principles governing the insurer’s subrogation have not remained static. They were subject of many legislative amendments and numerous controversies and case law developments.  Secondly, a global portrait of the current state of law is made in relation to article 2474 C.c.Q., with regard to the components of the subrogation and its procedural aspects.
2474 C.c.Q. Legal subrogation Insurance Damage insurance Civil Code of Quebec Members of the household of the insured Person responsible Indemnity History of the civil law in Quebec