Research On The Right Of Creditor's Subrogation

In our country, the system of creditor's right of subrogation is the original intention, which is to solve the problems in the economic market, such as the triangular debt, the serial bonds, the implementation of the problem. But with the diversification of creditor's subrogation dispute cases, lack of system of right of subrogation of creditor will be prominent. Showing the lazy to exercise identified standards are not clear, the creditor's right of subrogation exercised with a narrow range of single, creditor's subrogation applicable object problem. In order to solve the above problems, it is imperative to improve the system of creditor's right of subrogation.In addition to the introduction, this paper is divided into six parts:The first part: summary of creditor 's right of subrogation. The author reviews the historical development of the creditor 's subrogation system, puts forward the concept of the creditor's right of subrogation, and then expounds the legal characteristics of the creditor's subrogation right, and analyzes the nature of the creditor's subrogation right.The second part: the legislation, the value and the function system of the creditor 's subrogation system. Analyzing, the author contrasts the mainland legal system countries and our country on the system of creditor's right of subrogation legislation differences in traditional civil law countries and in China in setting the value tendency of creditor's right of subrogation system, and puts forward creditor's subrogation system has the function of system.The third part: the legal relationship of creditor's right of subrogation. The author analyzes the creditor, debtor and the debtor's relationships and legal status from the main body of the legal relation of the right of subrogation; from the object of legal relationship of right of subrogation analysis the limitations of the applicable scope of the object, and expounds the necessity of improving; from the legal relationship of right of subrogation in content analysis the relationship between rights and obligations of the third party; at last, it analyzes the creditor's right of subrogation of acquisition and elimination.The fourth part: the exercise of creditor's right of subrogation and its effect. The author compares the differences in the conditions of exercising the right of subrogation, the way of exercising and the effect of the creditor's right of subrogation, and analyzes the reason of the difference. The author focuses on the "rule of warehousing" and "directly affected by compensation rules for the comparison, which although the "rule of warehousing" effect on the structure of civil law establishing, but directly by compensation rules can guarantee the substantial fairness and justice.The fifth part: the legislation of creditor's subrogation system. This section describes the creditor subrogation legislation present situation, the author points out that the creditor's right of subrogation in the legislative system, the scope of application of the object and "idle to exercise" standards, exercise way, ownership effect and the debtor and the secondary debtor protection legislation deficiency, and has carried on the analysis to the.The sixth part: the legislation of creditor's subrogation right system. Under the opportunity of the compilation of civil law in our country, the author gives some advice on improving the legislation of creditors. Including:(1) the creditor's right of subrogation in the general obligation law of obligation "effect";(2) the creditor's right of subrogation is the object range from money payment content credit extended to other rights;(3) the "failure to exercise" standard creditor fails to clear through litigation, arbitration or the other way to the secondary debtor claim request valid payment;(4) the exercise of the right of subrogation to expand litigation, arbitration, direct way;(5) in the judicial interpretation, clearly China is subordinated directly by rules;(6) explicitly informed of the debtor right, the debtor to fulfill the debt protection option.