The Expansion Of The Object Of The Creditor's Right Of Subrogation

The creditor's subrogation system is a new system stipulated in the contract law.Due to its certain differences from the traditional subrogation system,especially in the subject and scope of the subrogation right,theoretical circles have always been controversial.The subrogation system has increased the protection of creditors' claims.Subsequent to the implementation of the contract law,subrogation lawsuits have been on the rise.What are the conditions for a creditor to file a subrogation lawsuit? Since the subrogation lawsuit is a new type of lawsuit and the legal provisions are extremely limited,the understanding of the specific exercise requirements in trial practice is also different,leading to inconsistent trial results and affecting the judicial process.Seriousness and authority.As for the legislative suggestions on the expansion of the object of creditor's subrogation,this paper holds that from the point of view of the purpose of the system of creditor's subrogation,as long as it is beneficial to the preservation of the creditor's liability property,all the rights that are suitable for preservation in nature can be the object of subrogation,including the real right,the right of request in the matter,the right of formation,the right in the procedural law and the right in the public law,etc.;Han Shiyuan points out that The right of subrogation and the right of rescission are the system design for the preservation of the property of responsibility,and for the realization of the creditor's rights.The system design of the contract law should focus on the property of responsibility.It is not suitable to place the property of responsibility behind because of the tedious operation,little significance and the advantageous position of the debt of money.Based on the above research results,and in view of our country around the legal conditions to the object of subrogation formed a relatively rich judgment like state,some of the object restrictions have a breakthrough,but at present has not yet formed a general judicial practice rules,so the object of creditor subrogation to moderate expansion,and reflected in the future legislation is the general trend of the improvement of the object of creditor subrogation legislation.In view of this,this paper briefly introduces the object of the creditor's subrogation,then explains the elements of the object of the creditor's subrogation,analyzes the scope of the object of the creditor's subrogation,the reasons for the limitation of the scope and the reasons for the expansion of the object of the creditor's subrogation,and finally puts forward the expansion of the object of the creditor's subrogation and the future legislative proposals.