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Subrogation Contract Template for Indonesia

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Key Requirements PROMPT example:

Subrogation Contract

"I need a Subrogation Contract for my insurance company to take over the rights to pursue a claim against a manufacturing company that caused property damage to our insured client, with the contract to be effective from March 1, 2025, under Indonesian law."

Document background
The Subrogation Contract is a crucial legal instrument in Indonesian business practice, particularly in insurance and financial sectors. It is used when one party (the subrogee) pays a debt or claim on behalf of another party and consequently receives the legal right to pursue reimbursement from the responsible third party. This document is essential in scenarios such as insurance claims settlement, debt recovery, and corporate risk management. The contract must comply with Indonesian Civil Code provisions and relevant insurance regulations, making it particularly important to ensure all formal requirements under Indonesian law are met. The document typically includes detailed provisions about the original claim, the payment made, and the rights being transferred, along with mechanisms for enforcement and dispute resolution under Indonesian jurisdiction.
Suggested Sections

1. Parties: Identification of the subrogating party (creditor/insurer) and the subrogated party (new creditor), including their full legal names and addresses

2. Background: Context of the subrogation, including the original debt or claim, and the circumstances leading to the subrogation

3. Definitions: Definitions of key terms used in the agreement, including 'Original Debt', 'Debtor', 'Subrogation Rights', and other relevant terms

4. Subject of Subrogation: Detailed description of the rights, claims, and/or obligations being transferred through subrogation

5. Consideration: Details of the payment or consideration being provided for the subrogation

6. Transfer of Rights: Specific provisions regarding the transfer of rights, including the timing and extent of the transfer

7. Representations and Warranties: Statements by both parties regarding their authority to enter into the agreement and the validity of the rights being transferred

8. Obligations of the Parties: Specific duties and responsibilities of each party before, during, and after the subrogation

9. Documentation and Evidence: Requirements for documentation supporting the subrogated claim and obligations to provide evidence

10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and designation of competent courts

11. Notices: Process and requirements for formal communications between the parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance Specific Provisions: Additional provisions specific to insurance-based subrogation, used when the subrogation arises from an insurance claim

2. Third Party Rights: Provisions regarding the rights of the original debtor or other third parties, used when third party interests need to be protected

3. Dispute Resolution: Detailed dispute resolution procedures, used when parties want specific arbitration or mediation processes

4. Confidentiality: Provisions regarding confidential information, used when sensitive commercial or personal information is involved

5. Further Assurance: Obligations to execute additional documents or take further actions, used in complex subrogations

6. Severability: Provisions for maintaining validity if parts of the agreement are found invalid, used in high-value or complex transactions

Suggested Schedules

1. Schedule 1 - Original Claim Details: Detailed description of the original claim or debt being subrogated

2. Schedule 2 - Supporting Documents: List and copies of relevant supporting documents, such as the original contract, insurance policy, or payment evidence

3. Schedule 3 - Payment Details: Details of payments made or to be made in relation to the subrogation

4. Appendix A - Power of Attorney: If required, formal authorization for the subrogated party to act

5. Appendix B - Consent Forms: Any required consent forms from third parties or the original debtor

6. Appendix C - Transfer Documentation: Forms and documents required under Indonesian law for the transfer of rights

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses






























Relevant Industries

Insurance

Banking and Financial Services

Legal Services

Healthcare

Construction

Manufacturing

Transportation and Logistics

Real Estate

Maritime and Shipping

Energy

Relevant Teams

Legal

Insurance Operations

Risk Management

Compliance

Finance

Claims Processing

Corporate Secretariat

Recovery and Collections

Contract Administration

Insurance Underwriting

Relevant Roles

Legal Counsel

Insurance Claims Manager

Risk Manager

Compliance Officer

Corporate Secretary

Finance Director

Insurance Underwriter

Claims Adjuster

Contract Administrator

Legal Operations Manager

Recovery Specialist

Subrogation Manager

Insurance Operations Director

Corporate Lawyer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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