Subrogation System

Market economy demands economic bodies to conduct themselves regularly. The development of market economy objectively requires law to strengthen the protection of transferring properly relationship. Nevertheless, in realistic life some obligors, on one hand, admit owing debt to obligees, on the other hand, they try to find an excuse of locking funds so as to delay paying off debts when the obliges ask them to pay off. At the same time the obligors share the mature aes suum they are unwilling to exert actively because of their self-interest, which damages the boligees' interest and influences economic order. Contract Law stipulates beneficium cedendarum actionum, which has found a valuable way for obliges to realize their aes suum and propels economic order to develop smoothly.This article can be divided into 5 chapters. In Chapter 1 it introduces the origin, development and change of beneficium cedendarum actionum. In Chapter 2 it defines beneficium cedendarum actionum and analyzes its feature and its value-beneficial to keep the normal order of exchanging commodities, beneficial to tap the economic effect of properties, beneficial to protect obligees' interest, solve civil economic strife and promote social establishment. In Chapter 3 after introduction oi scholars' views on the character of beneficium cedendarum actionum, the writer puts forward that beneficium cedendarum actionum should be salvage right. In Chapter 4 introducing and commenting on the exerting way, exerting range, exerting conditions and exerting efficacy, then giving some views. In Chapter 5 analyzing the action bodies, regimentation, liability lor evidence acceptance and trial of beneficium cedendarum actionum and giving the view boldly .