Study About Subrogation Of Creditor's Right

The system of subrogation of creditor's rights breaks though the traditional debt principle of relativity, Which causes the debt the foreign potency to reach to the third person under the specific condition. Because the system of substituting the position of creditor's rights establishes a brand -new legal system, it fluctuate the foundation of the traditional civil law theory in some kind of degree. At the same time, the legislating and the judicial interpretation about the system of substituting the position of creditor's rights is not specific, even has lacuna in our country, caused the theory and the practice has a greater dispute to many questions. The judge will be at a loss when he hearing the case about substituting the position of creditor's rights. Opinions differ from each other and the same case will give different result, it has harmed the judicial unity. Therefore, lucubrating about the system of substituting the position of creditor's rights has the certain theory and the practice significance. Based on this reason, the author will attempt to research this problem.The article inspects the Chinese and foreign legislation case of the system of substituting the position of creditor's rights firstly, and then analyses the inherent characteristic of legal relationship about the system of substituting the position of creditor's rights. The exertion of right about substituting the position of creditor's rights is discussed in the second chapter. The lacuna of the system of substituting the position of creditor's rights in our country is discussed and the concrete perfect comment is brought forward in the last.