The Obligee's Right Of Subrogation

This thesis focuses on the obligee's right of subrogation which is one of the debt preservations among the traditional civil law system.The articles 73 to articles 75 in Contract Law prescribe the contract preservation which also applies to the ordinary debt preservation.But these three articles are so simple that it is hard to practise.Although sixteen articles are added in the Explanation of Contract Law.there are still many problems for us to discuss,such as:what are the aim and nature of the obligee's right of subrogation ? what are the conditions of forming the obligee's right of subrogation ?These questions are discussed in theory but there are still many problems in the eyes of trial practice.This thesis is just a study on the application and complication of the obligee's right of subrogation ,and put up the writer's view on the specific determining standards on the obligee's right of subrogation ,on the other hand ,the writer is trying to find the answers to some contentious problems and some questions which need to pay attention to.There are five parts in this thesis.First part, explaining what is the obligee's right of subrogation and outlining the history of the system of the obligee's right of subrogation ,the discussing the nature and aim of it Second part, analyzing the determining standards on the obligee's right of subrogation in the eyes of trial practice and especially focusing on how to determining the qualifications of the parties who can exercise the obligee's right of subrogation .Third part,focusing on how to exercise this right Forth part, analyzing the effects of performing this right.Onthe basis of what are studided in the first three parts, the last part is the conclusion of the whole thesis and analyzing the status and the complication of the obligee's right of subrogation in our law system.