Research On Issue About Subrogation On Communal Estate Division

With the continuous development of the social economy,the economic disputes between the civil subjects are increasing,and it is difficult to solve the difficulties.How to make the creditor's creditor's right can be achieved faster and better is a problem that the Executive Board of the people's court and the creditor have paid attention to.In fact,there are a large number of common property in the life of the husband and wife.In accordance with the current debt payment rules,when personal property can not be fully paid for personal debts,the problem of whether it can be paid by common property begins to be paid attention to in practice.The Supreme People's court made the Supreme People's Court about the civil court in civil law.The fourteenth articles in the implementation of the provisions on sealing,seizure and freezing of property in the execution have answered the ability to carry out the common property.Although the judicial interpretation has not been fully carried out in practice,the judicial interpretation fully embodies the balance between the rights of the common owner and the creditor's rights,which is of practical value.It is worth affirming.But only with the actual and appropriate analysis can be found that the implementation of the provisions of the existence of various problems and shortcomings,the following is the study of the subrogation of the scope of the study and research results.The nature of subrogation analysis and production is a simple analysis of the nature of the creditor's subrogation right of production as the right to form,and its subrogation procedure is the subject of two legal relations,which mainly tries to divide the legal relations between the common owners,and makes a clear division of the objects in need of production,that is,the common shared property.The share of the shared property is not within the scope of the subrogation,and the share of the shared property can be directly carried out.The significance of the analysis can protect the rights of the common owners to be uninfringed and the creditor's rights can be paid off and can be settled in the difficulty of the execution of the common property,and the conditions of the subrogation are made.Different definitions withother scholars: 1,the debtor's debt is required by the law to clear the individual debt of 2,the subrogation procedure can only be put forward at the stage of execution of 3,the executor has no other property to carry out 4,and the property has not advocated the division of the shared property.An analysis of the legal status of subrogation is made.At the legal level,it is not a judicial interpretation.It is necessary to add "significant causes" to the division of common objects at the legal level.As for the validity of the agreement,whether it is effective and the content of the agreement divided by the agreement,it makes judgment and gives the right to dissenting the creditor.It makes a conclusion on the purpose of the legal status of the subrogation of the subrogation on the effectiveness of the agreement division,and makes a detailed analysis of the procedure of the subrogation procedure.It makes a connection between the subrogation procedure and the division of the agreement,sums up the methods of segmentation in practice,and selects part of the division of property division as the principle of segmentation,which makes a tentative idea and affirms the significance of breaking through the "entry rules".The position of the debtor in the subrogation litigation should be not alone in the lawsuit.The right to request is third.Let the courts that have actual control or enforcement of property enjoy the status of jurisdiction so as to save judicial resources and facilitate litigants.There are other problems in the present subrogation and production litigation,which affect the rights and obligations of the husband and wife,and add the necessary common litigation appeals to the executor and the common debt in the execution,and make a detailed analysis of whether the attribution of the result of the decision can break through the "entry rules".This paper makes a more detailed comparison and analysis of the above problems,makes a revised opinion for the legal provisions of subrogation and production,makes a strict distinction between the effectiveness of the different stages of the division of the agreement,and analyses the differences in the segmentation of the referees in practice and how to judge the way of segmentation is the best way to deal with it.