The Disquisition On The Litigation Of Subrogation

The "contract law"of our country was established on the basis of each western country's legislation and judicial practices. The system of right of subrogation initiated from the "contract law". It has further complemented the civil legislation of our country. It has realistic meaning in solving questions like triangular debt and hard execution, etc, existing in economic activity. However, as the right of subrogation in the above-mentioned legal documents has broken through the traditional theories, and with the development of our country's economy, such institution undoubtedly will be more and more important in our country's economic living. Thus it's very essential to carry out the theoretical analyses, pass judgment on it and draw a scientific conclusion which is useful to judicial practices. The author is exactly trying to achieve that. This essay can be divided into four sections. The first section is the institution of litigation of subrogation. This section is generally about right of subrogation, the basis of litigation of subrogation. Then it gives the point on the betraying of litigation of subrogation to the "rule of warehousing". The second section is on the issue of part of the litigation of subrogation. The author points out the debtor participates the litigation as the third part without independent claiming. The debtor could make the decision about whether participates the litigation, and the binding force of litigation of subrogation extends to debtor. The third section is about object of action. The author thinks that only one object of action exists in litigation of subrogation. This section also gives point on the relationship between object of action and validity of matter adjudged. The last section is the conclusion: the examination and perfection of subrogation system in china. The author examines the problem of subrogation of china and presents the ides to perfect the regulation of subrogation in china.