On China's Contract Law Right Of Subrogation With Traditional Deviate From Its Perfect

Market economy demands economic bodies to conduct themselves regularly. Thedevelopment of market economy objectively requires law to strengthen the protection oftransferring property relationship. Nevertheless, in realistic life some obligors, on onehand, admit owing debt to obligees, on the other hand, they try to find an excuse oflocking funds so as to delay paying off debts when the obliges ask them to pay off. Atthe same time the obligors share the mature aes suum they are unwilling to exertactively because of their self-interest, which damages the obligees' interest andinfluences economic order. Contract law stipulates beneficial cedendarum actionum,which has found a valuable way for obliges to realize their aes suum and propelseconomic order to develop smoothly.However, there are many defects in the basic theory and the real legislation in thecreditors' right of subrogation..In this thesis, the author research the Creditors' right ofsubrogation from basic theory and the real legislation by comparative study.This thesis can be divided into 4 parts.In the first part, it introduces the origin,development and change of beneficiumcedendarum actionum.The second part of the thesis, in comparative study on the Creditors' right ofsubrogation in Civil Law of France,Civil Law of Japan and Civil Law of Taiwan districtin China. And find the distinctive feature of the Creditors' right of subrogation in ourcountry: set a limit to requisites, restrict object range, exercise by action and exercise tocreditors.The third part of the thesis, the author examine the mistakes of Creditors' right ofsubrogation in our country, and analysis the advantage and the disadvantage of thecreditors' of subrogation in our country and the foreign country.The fouth part of the thesis, the author introducing and commenting on the exertingway,exerting range,exerting Conditions and exerting efficacy. Then giving some viewson modifying the creditors' right of Subrogation in our country by making uppreservation,expanding object range,action way can be chosen and exercise to debtor,which can be reflect the spirit of just and righteous in law!...