Subrogation and regress in Latvian insurance law: historical development of the institutes and comparison with English doctrine

The article examines the essence, historical development and distinctions between subrogation and regress in Latvian insurance law with a comparative analysis of English doctrine. It aims to clarify the theoretical framework of subrogation, its differences from regress and its similarities with English law. Objectives include analysing interconnections between subrogation, cession and regress, tracing their historical evolution, evaluating their representation in modern Latvian legislation and comparing them with English subrogation principles. The study finds that subrogation involves a tripartite relationship where a third party assumes the creditor's claim after payment, while regress is an independent right for recovery. Latvian law conflates terminology, lacking precise subrogation regulation in Civil Law, unlike the mature English framework rooted in equity. Recommendations include introducing subrogation into Latvian Civil Law and refining insurance legislation.