Research On The Subrogation On Property Division Litigation System

The Subrogation on Property Division Litigation is a kind of litigation relating to the execution procedure, for solving the problem that persons subjected to execution avoid execution because of common relationship. The Subrogation on Property Division Litigation is a litigation issued from the civil execution, when there is no other property belongs to the person subjected to execution available for execution, with the common owners refusing to division of common property in order to achieve creditor’s rights. As a particular case of division of common property, The Subrogation on Property Division Litigation is a late-model Litigation through the implementation of the common property of the trial to resolve the execution problem of community of goods.Structurally, the paper is divided into four parts.The first part of the analysis of the Subrogation on Property Division Litigation established in the execution of community of goods. Firstly, from the present situation of legislative and judicial execution of common property, t the execution confusion of community of goods is found Secondly, the combination of the extraterritorial provisions of the legislation of the country to analyze the impact of the classification of the total assets of execution. Thirdly, compared to the Litigation against the execution brought by the third party and the Litigation permitting execution of opposition complaints, the Subrogation on Property Division Litigation is essential and independent.The second part is application analysis of the Subrogation on Property Division Litigation. The function of the Subrogation on Property Division Litigation is to determine the total share of the common property of the debtor, owing to the debtor by shares in the share clear, so that the Litigation only applies to the implementation of co-ownership of property. If the execution applicant intend to prosecute a division of common property litigation, there must be some conditions satisfied.The third part discusses the foundation of rights for the execution to prosecute a division of common property litigation, in the perspective of the right of subrogation and the right of claim for division of common property. Firstly, we found that the right of subrogation in The Subrogation on Property Division Litigation should belong to the broad category of subrogation, the object of which both include debtor subrogated claims based segmentation Property(co-ownership) born commons and the right of the person subjected to execution to appeal, which means the right to bring proceedings split commons. Secondly, when one of the co-owners because of personal debt involved into the execution procedure, a total property will be seized by the court. The situation should belong to be a major reason for co-owner to requests a common property division.The fourth part discusses procedural issues of the Subrogation on Property Division Litigation. Firstly, as a particular kind of undertaking system defined by law, the debtor should be should be a co-defendant, in view of its characteristic; Secondly, we insist that the object of the Subrogation on Property Division Litigation is neutral monism, which means the right of claims for division of common property litigation; Moreover, we think that a new kind of exclusive jurisdiction should be added, namely the Subrogation on Property Division Litigation should be governed by the implementation court.Finally, we have discussed other special issues of the Subrogation on Property Division Litigation combined with the presence of the foregoing contents.