| This paper applied the law, sociological research methods, on the subrogation right system (hereinafter referred to as:the right of subrogation) for legal comparative analysis of our subrogation system problems and perfecting the right of subrogation of the comments and suggestions. Article based on our current system of the subrogation of the current situation, problems, analyzed the right of subrogation legal relations subject, content, objects, features and subrogation established conditions, and the traditional right of subrogation, and proposes the perfecting of subrogation system envisaged.Divided into four chapters. Chapterâ… ,Chapter Creditor Rights (hereinafter referred to as:right of subrogation) outlined, focusing on the right of subrogation to explain the concept, development, nature, characteristics, basic categories, functions, and other related concepts of differenceArticle that:the subrogation right is when the debtor fails to actively exercise the third person (the third time the debtor concept than the concept of broad coverage, this paper, "Third Person") of property rights and claims against the creditor, in order to ensure creditor creditor, the creditor in its own name subrogation right to an act belonging to the debtor, creditors, creditor protection is one way. Subrogation of origin is generally believed that the official French Civil Code. Subrogation is different from the agency, the formation of rights, management rights, is a statutory right of substantive law, the substantive law the right to claim against the debtor fails to exercise its conduct, not directly the debt. Subrogation subrogation actions can be divided into a request, save act on behalf of the bit. And revoke the right of subrogation, of Credit, on behalf of the bit implementation and enforcement have different characteristics. Subrogation with preservation of function.Chapterâ…¡, Legal relations of Subrogation. Comprehensive analysis of the article right of subrogation subject, object, content. Chapterâ…¢, Creditor rights and the establishment of conditions for the exercise of subrogation. Articles that subrogation is mainly established conditions:First, the creditor has the right of subrogation of the necessary damage claims of creditors to reach a certain level, the second is between the creditor and the debtor's debts and liabilities of the legitimate, third, the debtor fails to exercise the third human rights, four are not the exclusive claims of the debtor claims the debtor itself. The paper, the main body of the exercise of subrogation rights, methods, scope and effectiveness.Chapter IV, Comparative analysis of the subrogation right system and the perfection of subrogation. Articles from the legislative style, value orientation, the types of subrogation, subrogation conditions, the exercise mode, the results of comparative analysis of the ownership right of subrogation. From the right of subrogation is only in the "Contract Law" provides that is not conducive to the comprehensive protection of creditors; subrogation system was too narrow and not conducive to the interests of the creditors of the protection; the right of subrogation provision of direct repayment, is not conducive to the preservation of all claims of creditors; the right of subrogation does not specify the status of the debtor, the debtor is not conducive to the protection of the rights of subrogation rights in China, demonstrates the system problems. On perfecting the right of subrogation of the following observations:First, to reposition the right of subrogation of the value of second is in the civil law in the Basic Law provides the right of subrogation and third, the expansion of subrogation that the method proposed, four is to expand the right of subrogation to exercise the scope of The fifth is the exercise of the right to change the effect of subrogation ownership, preservation of creditors, six is clear that the debtor's legal status, seven is the right of subrogation improve the burden of proof requirements. |
