On Behalf Of The Right System For Study

The attachment of debts, a major policy in civil law and the key contents in debts act. plays an important role in the protection of the creditor's rights and is thus called the external effect of debts. In law it refers to a general guarantee given to prevent debtors from illegal disposing of property and causing the damage of the creditor's rights. The main purpose of the attachment of debts is to seize the property of the debtors according to certain procedures and methods in case some illegal accidents which will damage the creditor's rights happen. It will increase the debtor's financial capacity of paying the debts. Having a survey of the civil commercial acts before the Company Act, we have to confess that in those acts loopholes can easily be found in the attachment of debts. Article 73,. 74 and 75 of the Company Act provides the system of the attachments of debts (the system of the right of subrogation) and the system of the creditor's rights of setting aside the debt attachments. <> (called <> below) published by the Supreme People's Court explains the creditor's rights of subrogation and the system of the creditor's rights of setting aside the debt attachments in details and establishes the system of the attachments of debts in our country. Its establishment is a breakthrough to the relative regulations on debts, the embodiment of the external effect of debts and important regulations and systems to protect the creditor's benefits. The establishment of system of the attachments of debts, together with the system of the guarantee of debts and the system of the responsibility of breaking an engagement, has formed a stable triangle to protect the creditor's rights. But the abstract, broad and still legislation cannot always deal with various situations; some of its limitations appear and we are left the chance to do some research work on how to solve the problems in judicial practice. There are two ways to the attachments of debts: the creditor's rights of subrogation and abandonment. The writer intends to give some personal opinions on this problem.The attachments of debts are what the system of the right of subrogation is mainly for. This essay inquires into some basic theories and practical problems about the essence of the right of subrogation, its character, the prerequisite of its existence and its exercise. According to the principle of honesty and credit, the system of the right of subrogation breaks the traditional relative regulations on debts. It sacrifices some people's freedom for the safe and stable order of the commercial exchange. Having the functions of attaching the creditor's rights, remedying the shortage of law and guiding parties' adequate behavior, it's something like the right of management and it's legal, substantive and independent rights. To perform it, its legislative key points must be grasped in theory; in practice the main purpose is to coordinate the conflicts between ensuring the equal rights of the creditors and fully encouraging the creditors' rights of subrogation. The debtors also have the conflicts between deciding the usage of their property on their own and limiting the creditors' disposing of their property. Here is the main focus: while suing for the rights of subrogation in court a party just needs to present a general proof to identify the existence of debts instead of lawful rights of debts confirmed in courts or judged /arbitrated by an arbitration organization: the rights of debts can be used as the rights of objects but not just owning the contents of satisfying the debts; in cases while time isn't up for the creditor to own the property of the debtor or time has been up for the debtor to have the ownership of the second debtor's rights of debts, the creditor should be allowed to subrogate his rights but the results should be on the debtor; as to the definition of "indolence", the author thinks it's inadequate to draw the conclusion j...