On The Defect And Perfection Of Subrogation Of Real Right For Security

China’s Property Law has legal loopholes in the regulation of subrogation on collateral,and there are flaws in the expression of subrogation norms and the unclear distribution of rights and obligations between the parties leads to differences in responsibility.The previous generation is difficult to achieve effectively.The reason for the subrogation on the property is due to the damage,loss or expropriation of the collateral that is not based on legal acts.The legal acts such as the transfer and lease of the collateral should be excluded from the scope of the subrogation on the property.When the collateral property is damaged,destroyed or lost,the pledge of the mortgage right is transformed into the pledge of legal claims.Subrogation on property does not directly occur on insurance money,compensation money and compensation money,but first occurs on the right to claim compensation money,compensation money and insurance money.After the occurrence of the first subrogation,the first subrogation(the right to claim damages)is replaced by the compensation paid as the second subrogation.At the same time,our country should improve the regulations on the realization procedure of subrogation.First,the guarantor has the obligation to notify the guarantor when subrogation occurs.Secondly,if the collateral is real estate,the payment obligor should check the real estate register before the payment,and inform the security holder of the fact that the claim of insurance,compensation or compensation is generated.Finally,the law should make it clear that only with the consent of the real right holder can the obligatory party pay to the guarantor.