Acţiune în regres a asigurătorului. Momentul de la care începe să curgă termenul de prescripţie a dreptului material la acţiune

Action for recovery of the insurer. The date on which the limitation period of the substantive law to the action begins to run

Abstract

The corroborated interpretation of the provisions of Article 2210 para. 1 and Article 1597 para. 1 of the Civil Code shall impose the conclusion according to which the insurer has initiated the legal action for the recovery of the amounts paid from the moment when it has subrogated the rights of the insured or of the insurance beneficiary, and that moment is the same as the time of payment of the compensation to the injured person.

Moreover, until the time when subrogation operates, the insurer cannot initiate the action for recovery, since it does not have any debt in its assets and thus, it does not justify any interest in initiating such an action.

Hence, the time of the actual payment of the indemnity or compensation shall be...