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dc.contributor.advisorO'Dell, Eoin
dc.contributor.authorDonnelly, Daniel
dc.date.accessioned2016-12-14T15:28:20Z
dc.date.available2016-12-14T15:28:20Z
dc.date.issued2000
dc.identifier.citationDaniel Donnelly, 'The law of subrogation', [thesis], Trinity College (Dublin, Ireland). School of Law, 2000, pp 357
dc.identifier.otherTHESIS 5614
dc.identifier.urihttp://hdl.handle.net/2262/78350
dc.description.abstractThis thesis attempts a thorough review of the law of subrogation as applied in Ireland and England, with reference to the law of other common law jurisdictions and to the views of certain civil law writers. It first introduces the topic and then considers the juridical basis of subrogation. It also attempts to sketch the historical origins and derivation of the modern law of subrogation. Subrogation is generally divided into two categories by civilian and American writers, namely legal subrogation and contractual subrogation. Irish and English courts have not always been careful to make it clear which category they were applying. This has led to considerable confusion and controversy as to the relevance of intention to subrogation. Some authors have laid down the broad proposition that subrogation is a remedy to reverse unjust enrichment and nothing more. This thesis disputes the universal application of the “restitutionary hypothesis.”
dc.format1 volume
dc.language.isoen
dc.publisherTrinity College (Dublin, Ireland). School of Law
dc.relation.isversionofhttp://stella.catalogue.tcd.ie/iii/encore/record/C__Rb12462173
dc.subjectLaw, Ph.D.
dc.subjectPh.D. Trinity College Dublin
dc.titleThe law of subrogation
dc.typethesis
dc.type.supercollectionthesis_dissertations
dc.type.supercollectionrefereed_publications
dc.type.qualificationlevelDoctoral
dc.type.qualificationnameDoctor of Philosophy (Ph.D.)
dc.rights.ecaccessrightsopenAccess
dc.format.extentpaginationpp 357
dc.description.noteTARA (Trinity’s Access to Research Archive) has a robust takedown policy. Please contact us if you have any concerns: rssadmin@tcd.ie


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