subrogarea

Subrogarea, or subrogation in English, is a legal principle by which a party who has discharged another’s obligation acquires the rights of the discharged party to pursue recovery from the responsible third party. The concept rests on substitution: the subrogee steps into the shoes of the original creditor and may exercise the creditor’s claims, defenses, and remedies against the debtor, up to the amount paid or satisfied.

In insurance, subrogation is commonly used when an insurer pays a claim to or on behalf of an insured. After payment, the insurer is subrogated to the insured’s rights against those responsible for the loss, such as an at-fault driver or a negligent party. This mechanism prevents double recovery and helps keep insurance premiums in check. The insured typically cannot recover more than the amount paid, and the insurer’s rights are subject to policy terms and any waivers of subrogation.

Subrogation also occurs in contract and debt contexts. If a party pays a debtor’s obligation, that party may acquire the creditor’s rights to recover the debt from the debtor. In mortgage, bond, or surety arrangements, a lender or guarantor that pays may obtain the borrower’s or principal debtor’s remedies against third parties who are liable for the loss or debt.

Key features include the transfer of rights from original creditor to the subrogee, potential limitations by contract (such as waivers of subrogation), and the preservation of defenses that the debtor could have used against the original creditor. Subrogation is distinct from assignment or novation, as it typically does not extinguish the original claim but enables recovery by the party that has fulfilled the obligation.