| The purpose of the creditor subrogation is to maintain the liability property of the obligor and prevent the improper reduction of the liability property,in order to achieve the effect of guaranteeing the creditor’s right,which is the performance of the external effect of the debt.The subrogation of creditors includes subrogation of implement and subrogation of preservation,Article 536 of the Civil Code is the subrogation of preservation.Rights of the obligor that can be used as the applicable object of the subrogation of preservation shall conform to the conditions that the exercise of the rights can maintain the liability property.in addition,the right should be legal,non-exclusive and related to the property value.Although Article 536 of the Civil Code states that "The obligor’s claim or any ancillary right in connection with such claim",It seems to show that the applicable object of subrogation is only "the obligor’s obligatory right or subordinate right related to such obligatory right",since the implement of subrogation of preservation is essentially a favorable act for the obligor,Implement the warehousing rules when the third party should return or deliver,therefore,Any right to achieve the purpose of maintaining the scope of obligor’s liability property are suitable for the object of subrogation of preservation.In this regard,The real right,the right to claim for the restoration of the real right,the right to register the real right,the right to claim for the damage caused by the creditor’s right and the non-performance of the debt,the right of formation and the right in the procedure law can all be the applicable objects of the right of subrogation in the act of preservation.However,different rights to exercise subrogation have different preservation behavior,real rights and real rights claims,claims and debts fails to perform the damage compensation claims,save the behavior for the request to a third person,the property right registration right the behavior of an exercise of subrogation performance for the application for registration authority,and to form the exercise of subrogation right of behavior for the notice,the procedural law on the rights of the behavior of an exercise of subrogation performance is application,etc. |
