Legal subrogation right of the insurer in hull and cargo insurance

Subrogation is a significant legal concept, as it makes possible for the insurer to recover the compensation paid to the insured under the insurance contract from the party responsible for the damage, thereby impacting insurance premiums. Therefore, it is essential to determine the conditions under which the insurer may exercise this right and the possible conclusions for the parties involved.Within the scope of our study, we have examined this concept —briefly touching upon English law— exclusively within the framework of Turkish law, as regulated under the Turkish Commercial Code No. 6102, and specifically in the context of hull and cargo insurance. Given that hull and cargo insurance possess particular characteristics, it was necessary to analyze the meaning, history, and obligations arising from these contracts.Finally, after providing a general introduction to hull and cargo insurance, we sought to analyze the concept of subrogation, its relationship with similar concepts, the conditions for applying the relevant legal provision, and the consequences it will create for the parties involved or the liable party, should the legal conditions be met.