The Creditor's Subrogation Rights Are In The Study Of Exercise Behavior

In the present moment of the more developed market economy in our country must solve the problem, with the development of market economy, inevitably will be more and more, for the problems about the obligor delayed in exercising behavior, both from recognition and analysis, all need further research and discussion. The structure of the building for the exercise of subrogation, including the main body, established condition, object, or proceedings are further discussed. The purpose of this paper is to exercise of subrogation against contract law delayed in exercise behavior and structure to build the legal issues, through legal constraints, adjustment, restrict, tried to in the existing system to the exercise of subrogation delayed in exercise behavior innovation and related argument,and the building of exercise of subrogation structure, this paper aims to break through the traditional sense of the equality in debt, combined with the actual situation of the judicial practice, and practice from the perspective of legal system construction needs point of view, to explore feasible perfect measures.Besides preface and epilogue, this article altogether is divided into five parts:The first part based on the investigation to the judicial practice case, find the debtor to the creditor's rights by the effective judgment of the secondary obligor is determined, if there is no objective factors, can be achieved and failed to achieve, can be regarded as the obligor delayed in exercising the right. At the same time, combined with the subjective and objective, to confirm the andard were analyzed. Besides,discussing the necessity of research on delayed in exercising behavior, combined with the purpose of setting up a system of subrogation, the interests of the creditor and the debtor to measure, a period for exercising, etc, this paper expounds the determining delayed in exercise behavior for the meaning of subrogation system and social economy.The second part mainly for delayed in exercise behavior are discussed. Understanding of the delayed in exercise behavior is plural, the burden of proof is how to allocate more appropriate, what has been left out of idle in exercise behavior, launched a detailed discussion.In the same time, briefly discussing the cognizance delayed in exercise behavior factors to consider, generally includes the following points, namely whether the debtor in a timely manner to the secondary obligor argues the creditor's rights, whether there is a force majeure cause cannot positions creditor and the debtor to the secondary obligor of subjective condition.The third part mainly aimed at the exercise of subrogation delayed in exercise behavior made Suggestions, mainly includes the following aspects, namely the supplementary subrogation established conditions, expanding the scope of the object of subrogation, supplementary provisions for delayed in exercise behavior and delayed in the exercise behavior of the burden of proof, to improve the system of subrogation.