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11:04 Feb 13, 2007
This question was closed without grading. Reason: Answer found elsewhere
French to English translations [PRO] Law/Patents - Finance (general) / Guarantees
French term or phrase:subrogé dans les droits
I know that there are entries for this in the archive, but they are not helping me to work this out.
The Guarantor is providing a performance bond in relation to the obligations of the Sponsor. If the Guarantor pays under the bond because the Sponsor has defaulted:
"le Garant, en tant que caution, se trouvera subrogé dans les droits du Promoteur pour le compte duquel il aura payé"
Am I right in thinking this means:
"the Guarantor, as surety, shall have a right to claim against the Sponsor, on whose behalf it has made a payment"
It's the "dans les droits" bit that has me confused.
Explanation: "En assurances de la responsabilité, le recours subrogatoire de l’assureur n’est envisageable que lorsqu’il y a plusieurs responsables du dommage et que l’assuré est tenu solidairement ou in solidum envers la victime . L’assureur peut en effet se subroger dans les droits de l’assuré et exercer le recours contributoire de celui-ci contre les coresponsables."
this is the best I can do here, Paula. I realise that the example here is from an entirely different context.
I would infer from this that the insurer (in my case, above) assumes the rights that were hitherto those of the insured.
Explanation: "Subrogated" is the standard term where, for example, an insurer acquires the rights of the insured after payment out on the policy.
James Roberts Local time: 06:53 Works in field Native speaker of: English
Notes to answerer
Asker: That's true, but I cannot see how that works in this scenario. The insurer is paying on behalf of the defaulting insured party so what rights are subrogated? The action must surely be against the defaulted party? The defaulting party will not have any rights under the construction contract that would be of use to the insurer... See my problem?
Asker: It's just come to me while I was in the shower - it's the payments from the Employer to the Contractor that can be subrogated! Hurrah!