Research Of The Creditor's Subrogation System

Creditor's subrogation is one of the key items in Contract law. Its purpose in legislation is to avoid that the creditor cannot realize his/her right or protect his/her interest for the debtor is reluctant to carry out his/her obligations.Under certain circumstances, the creditor may claim against the sub-debtor directly despite the relativity of the debts.Creditor's subrogation concerns the relationship between the creditor and the debtor and between the debtor and the sub-debtor.Therefore, on one hand the relativity of the debts may be broken so as to protect the interest and right of the creditor, on the other hand the creditor's right shall be restricted so as to prevent its unduly expansion.Thus the system of creditor's subrogation has a complex structure made up of a series of elements.The system of creditor's subrogation in China regulates that the creditor may carry out his/her right through procedure. The Doctrine of Collection in traditional Civil Code has been broken through then. The creditor may claim direct compensation through procedure, which brings an effect of "priority". That mentioned above is valuable in both theory and practice, and it promotes the development of Debt law. However, Chinese system of creditor's subrogation needs improvement and perfection. The article studies the system of creditor's subrogation in china and puts forward suggestions to perfect such system.