Recourse case based on legal succession in property insurance contracts

Property insurance contracts provide protection against risks that threaten the economic interests of individuals or enterprises. When an insured risk materializes under a policy agreed upon between the insurer and the insured, compensation for the damage is secured through insurance. If the risk occurs and the insured claims damages both from a third-party debtor and the insurer, it might lead to enrichment of the insured's assets. Moreover, the third party, who was actually the cause of the damage, might evade liability thanks to the insurance contract. Such pitfalls in insurance law are addressed through the insurer's legal subrogation and the right to recourse. In our study, the terminology of the subrogation lawsuit to be filed with a petition in court against the insurance company, which has the capacity to be a party and litigant or has the legal personality with the authority to pursue the lawsuit, and the real or legal person who is alleged to be responsible for the damage in the defendant position in the subrogation of the receivable arising from the property insurance contract, its legal nature, its relationship with similar cases, its differences from other cases to be filed in insurance law, proof and evidence in the case, stages of the case, special circumstances in the case, judgment, legal remedies and its relationship with out-of-court dispute resolution methods will be examined. The study aims to identify the disputes arising from the insurance law, especially the claims arising from the insurance contract, and to reveal the theoretical approach in the light of the decisions of the Regional Courts of Appeal and the Supreme Court of Cassation. The thesis will consist of three parts. The first part will discuss the insurance contract, its elements, the concept of property insurance as a type of damage insurance and its scope, principles governing property insurance, disputes arising from the property insurance contracts, the subrogation lawsuit. The second part will jurisdiction and competent court in the subrogation lawsuit, address parties, subject and cause of the case, stages of the lawsuit, evidence and proofs, special circumstances in the lawsuit and legal remedies. The third part will delve into out of court resolution of disputes arising from legal subrogation in property insurance, accompanied by judicial practices and theoretical knowledge. Keywords: property insurance contracts, insurance compensation, risk, insurer's right to recourse, legal succession.