The Specific Subrogation

Subrogation is an ancient civil law system, first in "The French Civil Code" to be officially recognized in, and then Japan, China Taiwan and other regions have been established in the civil law, China's "Contract Law" conducted a reference to this system.The traditional right of subrogation Based on of the responsibility of property system, emphasizing the responsibility of the property preservation of the debtor, so as to guarantee the realization of creditor claims, but against the creditor and the debtor and the debtor and the second between the debtor for the same subject matter between the specific thing so a special case, all countries and regions subrogation did not make special provisions, but only applied the traditional system of the general right of subrogation. The author believes that the special circumstances applicable to conventional subrogation, is not conducive to safeguard the interests of creditors and should therefore make special provisions. Based on this, to start a discussion of the specific subrogation to be able to sort out the special circumstances, so as to help improve the subrogation System. This paper is divided into four parts. The first part is a overview of the specific subrogation, article from the debt security and subrogation overview of the thesis first describes the traditional civil law relating to debt security, subrogation rights and responsibilities of property and other related issues, then according to the difference between specific obligations and species obligations, leads to this article on the definition of the specific subrogation, is the rights of subrogation when the subject matter between creditor and debtor and between the debtor and the secondary obligor is the same specific subject matterThe second part focuses on the establishment of the need for the specific subrogation, from the perspective of comparative law, first through the analysis of France, Japan, Taiwan, China, Germany, and our relevant laws and regulations, discusses the specific subrogation practical needs, as well as through discussion the important significance of actual performance, revealing the system values of the specific subrogation, that is the specific subrogation focus on the preservation the specific property required for the actual performance of the debt, help to improve compliance rates, and also help conducive to the conduct of trade and the increase in social wealth.The third part expounds content of the specific subrogation, including the exercise conditions, exercised, exercising the consequences. Article considered that the specific subrogation includes three constituent elements, namely, " the claims and liabilities are legitimate and the subject matter is specific and same, the debtor is indolent in exercising its rights, necessary to preserve the claims of creditors - regardless of whether the debtor without qualifications. " The article maintains that the exercise can be used in two ways, the exercise of direct and exercise of litigation. Effects attribution of the specific subrogation, should on the basis of "direct repayment"principle, which allows exceptions under certain conditions.The fourth part, the author elaborated on legislative ideas of the specific subrogation. Including design articles, legislative instructions and legislative reasons.