Several Questions On The Litigation Of Obligee's Right Of Subrogation

Obligee's right of subrogation is stemmed from ancient Teutonic law and was first acknowledged in France Civil Code. As an important civil legal system in civil law country, Obligee's right of subrogation, which endows external efficacy to creditor's right and breaks through the principle of "the relativity of the debt", aims at preserving creditor's right, safeguarding the rights and interests of the creditor, and maintaining the safety of the transactions and the stabilization of the economic order. The legal system of Obligee's right of subrogation has been existing for 200 years, yet it was just built in our country by The People's Republic of China Contract Law in 1999 and its judicial interpretation, which primarily built the legal system of Obligee's right of subrogation in our country. Basing on the basic theory of Obligee's right of subrogation, setting out from the legal nature of Obligee's right of subrogation and combining the judicial practice, this article discusses several questions of the litigation of Obligee's right of subrogation, which include: the determination of the substantial and process requirements of the litigation, the status of the subject of action, the expanding of the object of the litigation, the jurisdiction of the lawsuit, the limitation and coordination of the rights of litigants and the efficacy of the decisions of the lawsuits, and so on.