rivalsa

Rivalsa is a legal concept in Italian law referring to the right of recourse or subrogation. It enables a party that has paid compensation, damages, or other sums to a third party to claim reimbursement from the party ultimately responsible for the loss. The mechanism is typically triggered when one person or entity pays on behalf of another, or when an insurer pays an indemnity and then exercises subrogation against the liable party.

In the context of insurance, the insurer may apply rivalsa against the insured or against a third party if the insured's fault, breach, or illegal conduct contributed to the loss. The recourse allows the insurer to recover from the at-fault party the portion of the indemnity for which they are responsible, within the limits of the policy and law. If fault is not found or if coverage prevents it, rivalsa may not apply.

In civil and contractual relations, rivalsa can arise when a principal or payer has satisfied a debtor's obligation to a third party and seeks to recover the amount from the actual debtor or from a co-contractor who caused the default. The scope and limitations of rivalsa are determined by the relevant statutes and contractual terms, including prescription periods, liability standards, and terms of subrogation.