The Researching Of Subrogation

As one of the security measures of debt subrogation, qualitatively, is the debt relative breakthrough. China's "Contract Law" Article 73 establishes the subrogation right system, at the same time through the "interpretation of contract law a" section of Article 11-22 of the system has been improved. The establishment of the system enriches the theory of debt, in the promotion of trade transactions and safety played a major role. In this paper, the creditors of the existing system of analyzing subrogation, subrogation in the analysis of the existence of the theoretical disputes and the system of justice based on the practical issues put forward a sound system of Subrogation suggestions and ideas. In this paper, the creditors of the existing system of analyzing subrogation, subrogation in the analysis of the existence of the theoretical disputes and the system of justice based on practice-related issues put forward a sound system of Subrogation suggestions and ideas.The first part is the right of subrogation in the history of evolution, the meaning and nature of the right to establish an overview. Subrogation is debt relativity, the basic consensus of the academic point of view. I believe that it belongs to the formation of the right to appeal."The second part is the main object of subrogation analysis. Since the establishment of creditors system in China is not a long time, and in judicial practice, there is no case for more investigation, so the range should be defined in line with the principle should be narrow not wide. That is limited to monetary claims due the debtor, and for the exclusive rights and ownership of their own such as the debtor would not be appropriate subrogation rights.The third part is the right of subrogation to exercise the conditions defined. First, the creditor claims against the debtor legitimate, while the condition also requires that the claim is to determine the claim; Second, the obligor is indolent in exercising its due debt to the detriment of creditors, on the condition that the debtor should be noted that the way claims should be delayed in the exercise of some judicial proceeding to litigation or arbitration is limited in two ways. Once again, the debtor claims has expired, on the condition, some scholars believe that here should be the claims of creditors and debtors are due debt, the creditor may exercise the right of subrogation side, the article pointed out that from the perspective of transaction security protection, now only requires debt due to the debtor.The fourth part of the article is about the exercise of subrogation rights. First, the exercise of subrogation rights should be based on the name of the creditor himself, and secondly, the exercise of subrogation litigation should be exercised. Secondly, in the subrogation action in the status of the debtor's action should be positioned no independent third party claim. In subrogation litigation, the nature of the court's jurisdiction should be considered as a special territorial jurisdiction. Subrogation proceedings in the case of two or more creditors to the debtor as a defendant with a subrogation action brought, the court may adjudicate. In nature such proceedings shall belong to a common joint action. Finally, I believe that balance the interests of all parties, especially from the time the debtor protection point of view; this time plays the debtor to creditors the debtor can exercise the right of defense.Discussed in the article is the fifth part of the exercise of the right of subrogation effectiveness. The article points out the effectiveness of subrogation, our country did not take the traditional "rule of warehousing", because the lack of rules in judicial practice related to the implementation of the conditions can easily lead to other creditors of the "free rider" situation at the expense of the interests of creditors. And if laws are not perfect in our case before embarking on storage rules will not dispose of the debtor's indiscriminate acts of effective control to the detriment of the interests of subrogation. In the coordination of the creditors and the application of subrogation perform two systems, the author claims that both are a means of protection, where applicable, can go hand in hand.