Subrogation Comparative Study

From the angle of the stipulation of positive law, the present article makes a comparative comparison research, from multiple aspects and on multiple levels, between the two systems of subrogation rights, the one in Traditional civil law and the other in Chinese(PR) contract law, and therefore, through such a research, attempts to much more integrally get an understanding of the differentiate and the unique legislative functions of the construction of China's system of subrogation rights, and, basing on a comparative reflection, makes some reconsiderations.The full text includes three parts, the introduction, the main body and the conclusion.The introduction briefly makes an introduction on the targeted object, motivation and the background of writing the present article as well as its structure. The main body of the text, focusing upon the issues as the historical evolution, the system structure comparison and the system function comparison, gradually carries out a deep going comparative research.The first part briefly introduces and analyzes the historical evolution of the system of subrogation rights. It introduces the systems of subrogation rights in France, Japan, Taiwan district of China and the one in Chinese(PR) contract law. Due to the lack of counterpart system in Germany, a brief on the compulsory exercising of right against a third party by the debtor is also included to maintain the integrity of this analysis.The second part, from the angle of system construction, makes a comparative research between the two systems of subrogation rights, the one in traditional civil law and the other in Chinese(PR) contract law. It summarizes four differentials between the two, and makes a criterion analysis on these differentials.The third part, from the angle of functions, carries out a comparative research between the two systems of subrogation rights, the one in Traditional civil law and the other in Chinese(PR) contract law. Through an analysis on the legislation reasons as well as a review of academic theory, it identifies and explains the differentials of legislative functions between the two.The fourth part carries out reconsideration on China's system of subrogation rights. The author analyses the effect of each function of China's system of subrogation...