Subrogation and Marshalling
1st Edition
Published on 31. October 2024
216 pages
978-1-5099-6924-1 (ISBN)
Description
This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law.
Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.
Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.
More details
Series
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
ISBN-13
978-1-5099-6924-1 (9781509969241)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Rory Gregson
Subrogation and Marshalling
Book
05/2026
Hart Publishing
€61.70
Shipment within 15-20 days
Rory Gregson
Subrogation and Marshalling
Book
10/2024
Hart Publishing
€126.28
Shipment within 15-20 days
Person
Rory Gregson is Associate Professor of Law at Merton College, University of Oxford, UK.
Content
Part I: Introduction
1. What is Subrogation?
2. Six Controversies
Part II: Is Subrogation Redundant?
3. Enrichment
4. At the Claimant's Expense
5. Unjust
6. Defences
7. Effect
Part III: Is Subrogation Justified?
8. Previous Attempts to Justify Subrogation
9. Subrogation and Tracing
10. Properly Distributing the Burden of a Debt
11. Marshalling
12. Conclusion
1. What is Subrogation?
2. Six Controversies
Part II: Is Subrogation Redundant?
3. Enrichment
4. At the Claimant's Expense
5. Unjust
6. Defences
7. Effect
Part III: Is Subrogation Justified?
8. Previous Attempts to Justify Subrogation
9. Subrogation and Tracing
10. Properly Distributing the Burden of a Debt
11. Marshalling
12. Conclusion
