Comparison Of Storage Rules And Priority Rules

Creditor’s Right of Subrogation，as one of the Debt Security, plays an important role inCivil law system. In the course of subrogation operation， the final legal effect of vesting ofexercise of the rights is a key issue. Rule of warehousing dominated for long periods insubrogation, but with the rapid development of economy and the acceleration of civil andcommercial relations circulating, the system of subrogation breakthrough the conventional "rule ofwarehousing", forming the "rule of prior rights". In view of the subrogation is a right relying oncivil procedure to exercise， I choose the application of Civil Procedural Law as the perspective tocompare these two rules， and regard related elements of the Procedural Law norms as referencesystem，mainly use comparative analysis， historical analysis and other methods， to explain theeffectiveness and rationality of the rule of prior rights. Finally， through the future legislation andto judicial interpretation to enhance operability of this system， in order to achieve the efficiencyvalue and further protect the fairness and justice.