Creditor Rights Of Subrogation To Exercise

Regarded as one of the measures of saving from damage of the debt, creditor's subrogation is a very important legal system in traditional civil law. This system has already been very complete in such countries as France, Japan, etc, however it is established relatively late in our country, its theoretical research and practical experience are also relatively scarce. Our country's Contract Law and the Judicial Explanation on one hand inherit and draw lessons from the traditional creditor's subrogation theory; On the other hand it has broken through the traditional creditor's subrogation in order to solve some practical problems. Although these regulations have stronger effectiveness and realistic meaning, but there are places that are not perfect. Based on the basic theories of the traditional creditor's subrogation theory, this article attempts to probe into the enforcement issues of creditor of subrogation emphatically in the hope of structuring the subrogation system of the creditor to make it accord with the national conditions of our country. Besides the introduction and conclusion, this text is divided into four parts altogether:The first part introduces the historical evolution of creditor's subrogation; then introduces different views of creditor's subrogation concept on academic. Based on these, the author defines the concept of creditor's subrogation. Then the article introduces the characteristic and meaning of creditor's subrogation and the author thinks creditor's subrogation is a kind of independent right type of asking-for right and forming-right specialty after introducing various kinds of theories of creditor's subrogation nature.In the second part the author has described the important elements that form the creditor's subrogation from two respects: 1st, positive important element, including: the creditor's rights need to be legal and confirming, and the debtor sinks into delaying; the debtor is idle exercising its expiring creditor's rights; it is necessary to save creditor's...