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Perfect Our Country's Subrogation Right Of Creditor-back To "Rule Of Putting In Storage"

Posted on:2009-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2166360245490359Subject:Economic Law
Abstract/Summary:PDF Full Text Request
System of right of subrogation of creditor in Law of the People's Republic of China on Contract established"rule of priority of claim".It effectively solve the question of"the trigonometry obligation"in China.But it changed the function of system of right of subrogation of creditor .The function of"safeguard the interests of creditors"was turned into"put into effect creditor's right"."Rule of priority of claim"not only made the theroy confusion ,but also uneffectively practised.However ,"rule of putting in storage",unlike"rule of priority of claim",make the function of system of right of subrogation of creditor regression , balance every one of client's interests,at the same time ,the uneconomic questions don't turn up in practice. Of course ,"rule of putting in storage"exist its weakness ,that is"hang over free vehicle".So it is necessery to permit the priority on the special ocassion in order to the effectivity of system of right of subrogation of creditor.So I suggest system of right of subrogation in China should perfect.Perfct it on the basic of"rule of putting in storage".
Keywords/Search Tags:right of subrogation, "rule of priority of claim", "rule of putting in storage", maintain debts, to realize debts
PDF Full Text Request
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