Research On The System Of Creditor's Subrogation Rights

Creditor subrogation system continent law department country an important civil legal system,its purpose to set up is for safeguarding the trade to be safe."Contract law of the People's Republic of China" issued in 1999 And what later on the Supreme People's Court releases《about suitable to apply the explanations of several questions(1)》Have stipulated subrogation systems of creditors of our country.The establishment of creditor's subrogation,has filled in the legislative blank on this question for a long time of our country,have important meaning of theory and practice.But because creditor's subrogation system is a brand-new system after all in our country,just began from it when appearing in our country,there are places to discuss.In practice, the subrogation system of the creditor that our country stipulates has many questions too,need prompt improvement.So,it is necessary to relevant questions to creditor's subrogation do the further discussion.This text uses the method of history investigating,and comparative study,has carried on research to the relevant problems of creditor's subrogation.The full text is divided into five parts together.Part one It is creditor's subrogation system summary.This part has summarized and explained creditor's subrogation system from respects such as origin,historical development,property of creditor's subrogation system,etc.Part two It is a composition important document of creditor's subrogation.This part combines our country's current legislation on the basis of traditional civil law theory,have done the discussion to the composition important document of the subrogation.I think the composition important document of creditor's subrogation is made up of several following important documents.I.e.:Must there is legal debtor-creditor relationship between creditor and debtor;The debtor delays to exercise it to right which the third person enjoys;It is necessary to save from damage;The debtor delays fulfilling;The debtor's right is not debtor specially.Part three It is the enforcement of creditor's subrogation system.Part this discuss subject,object and enforcement way of enforcement that subrogation exercise have creditor effect that subrogation exercise mainly,render a service,analyze to effect, effect in debtor of creditor,to times of effect of debtor emphatically among them,to other effect of creditor.During the process of explaining,I have explained one's own view.Part four It is the completion of my right subrogation systems of people of national debt.Some authors propose improving from several following respects in these:Adjust legislative style,should put to save chapter from damage debt of general provisions into codes of the people of our country creditor subrogation system;Increase the subrogation enforcement way of creditors,should allow creditors to choose to exercise the subrogation by oneself;Expand the object range of creditor's subrogation,should not only limit in the creditor's rights of money, should expand,expand to the real right and ask for right on the thing,form right,the subrogation,but exclude the right on the law of legal procedure.I discuss to keep behavioral view,think,keep behavior should list in I pass creditor subrogation object range of system emphatically;Come back" put the rule in storage ",I point out the " repaying the principle directly " and having all sorts of drawbacks of our country, and has put forward the feasibility in our country of "put the principle in storage"; Have improved respects such as the composition important document of the subrogation,etc.and put forward the suggestion.