On The Exercise Of Right Of Subrogation

The right system of subrogation, since initially established in France Civil Code in 1804 hereafter, is gradually accepted by many countries and gets its development and perfection. The right system of subrogation clearly prescribed in the Contract Law of the People's Republic of China passed on March 15, 1999, fills a gap of the system of civil litigation in our country. The establishment of the right system of subrogation has the positive meaning to protect the creditor's legal rights, to promote the development of market economy in order, and to protect the theory of law of the creditor's rights. Particularly, its important function lies in the solution of such problems as the "difficulty of carry-out" and "triangle debts", and again provides a sharp weapon for the creditor to protect one's own interests.Due to the fact that the theoretical research and practical experience in the right system of subrogation in our country is scarce and void, it is necessary to make comparatively all-round statement of the right system of subrogation, especially in terms of the carry-out of subrogation. The provisions concerning right of subrogation 《the Judicial Interpretation of the Contract Law》, on one hand, succeed and refer to the traditional theories of right of subrogation; on the other hand, break the boundaryness of certain traditional theories of right of subrogation with certain maneuverability. But it is still far from perfection and a lot of concrete problems remain to be involved. The dissertation attempts to make some studies of the relevant basic theories of right of subrogation, such as the concept, characteristic, nature, especially make through study of the most key and core problems in right system of subrogation, that is, the exercise of right of subrogation, for example, the esseatials to exercise right of subrogation,the subject to exercise right of subrogation, the object, the ways to exercise, the scope to exercise, effectiveness to exercise, with the hope of the construction of the right system of subrogation in conformance with the condition of our country during the process of the break-through of the traditional theories of right of subrogation.