On The Exercise Of Subrogation Right

The system of right of subrogation originated from the system of deduced property in Roman law, and French Civil Code firstly established it in 1804 by legislation. Contract Law of the People's Republic of China approved on 15th March, 1999 has stipulated the system accordingly, filling up the blank of civil legislation in the field, has great significance to safeguard the lawful rights of creditors, defend the safety of transaction and promote the development of socialist market economy healthy and orderly.Seeing that at present our country is deficient in the theatrical research and practical experiences on the system of right of subrogation, it is necessary to expound this system, especially the question of exercise of right of subrogation in a systematic way. The thesis deals with the basic theories about right of subrogation, such as the concept, legal characteristics, nature and function of the right, and puts an emphasis on a deeper probe into the central question of exercise of right of subrogation, including conditions of exercise of right, ways to exercise right, subjects and objects of the right, validity of exercise of right of subrogation and so on, in the hope of making a breakthrough in traditional theory on right of subrogation and contributing to building the modern system of right of subrogation accords with our national conditions.