Study On The System Of Subrogation Performance

Subrogation Performance means,when the judgement debtor can't pay off his debtexpired,the court forces the third party to repay the judgement creditor the debt expiredwhich he owes the debtor based on the application put forward by the creditor or thedebtor in the process of performing. As a special procedure of execution, it has beenagreed on that Subrogation Performance has fulfilled a useful functions in carrying outthe title of execution gone into effect quickly and cheaply. Study on SubrogationPerformance is only to explain rules of law and analyze the theories, so it isdisadvantageous for perfecting Chinese legislation. The paper discussed and comparedlegislation at home or abroad, and raises some suggestions for Chinese legislation.There are five parts in addition to the introduction. They are taken up respectively as thefollowing. Introduction:It is a important significance to relieve the difficulties of executionthat the system of Subrogation Performance has been established in China in order tosolve the problem. But the function of the system of Subrogation Performance is limitedbecause of the shortage of the legislation and the theories concerning it in China atpresent. The paper goes further into the study of the system so as to present somesuggestions by analyzing, comparing and introspecting. Part One: the Main Contents of the System of Subrogation Performance.Subrogation Performance is the system by which the creditor's credit can beimplemented by exercising his debtor's rights according to the interpretation of the lawconcerned. It is a special procedure of execution for the reason that the parties, theobjects, the procedures and the title of execution are all special. The procedure must becarried out in accord with the conditions and the process. Part Two: the Relation of Subrogation Performance and Subrogation Right. Theirpurposes of lawmaking are to guarantee that the debt will be paid which owes thecreditor, so they have the close contacts. There are quite difference between thembecause they belong to the different procedure, different systems. Part Three: the Comparison Research of the Laws Abroad Concerning SubrogationPerformance. There are the characteristics in the systems of Anglo-American Law andContinental Law. The lawmaking of Subrogation Performance abroad is more perfect,especially of the title, the debtor's credit and the objection voiced by the debtor'sdebtor,so we should draw lessons from it when we perfect the System of SubrogationPerformance. Part Four: the Present State of the Lawmaking and the Study on SubrogationPerformance. There are serious blemishes in the regulation in our country. It is apremise to explicate the characters of Subrogation Performance for going further into it,and it is the basic condition to carry out the title of execution. Part Five: the Suggestions of Legislation to Perfect the System of SubrogationPerformance in our country. To make the system of the our country exertive thefunctions that it should have, we must make the interpretation of law concerningSubrogation Performance currently become law and perfect the related systems. Weshould perfect the system of saving the debtor's credit from damage and the procedureof the performance, and should also establish the guarantee system of applying for theperformance, the performance system of the debtor's credit which is not expired or hasnot the conditions and the litigation procedure of Subrogation Performance.