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The Research of Subrogation System

Author: XuQiang
Tutor: DiYunLing
School: Dalian Maritime University
Course: Legal
Keywords: Subrogation Establishing Conditions Exercising Effect Litigation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 79
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Abstract


The system of subrogation has existed in China for more than 10 years since it was established in the Contract Law put into force on Oct.1,1999. Great changes have taken place to domestic society, politics and economy during this period. Legal scholars never cease their research on the system of subrogation. They have accumulated plenty of theoretical and practical results and experience.How to perfect the system of subrogation under the new situations in China? Focusing on the issue, this thesis makes specific discussion on the generation and development, the basic theories and the perfection of the system of subrogation in three sections as follows:Ⅰ. The generation and development of the system of subrogation. This section mainly discusses the origin of the system in the world and its introduction to and development history in China. The research on the history and origin of the system of subrogation helps us better grasp the tenet of establishing the system and the changes happened to its functions.Ⅱ. The basic theories of the system of subrogation. I mainly make research on some basic theoretical matters of the system in this section. From the aspects of its concept, characteristics, exercise conditions and exercise effect, I make arguments and induce the opinions of the academic world on these issues, and then give my own ideas and opinions in hopes of having all-around understanding on the system of subrogation.Ⅲ. The comparative studies of our system of subrogation with that of related countries’ and areas’. In this section, analysis is mainly made on the system in these countries and areas to conclude their characteristics and what we can learn from them. Conclusion is made on the problems and characteristics of our subrogation system through the comparative studies.Ⅳ. The perfection of the system of subrogation in China. In this section, I mainly give solutions on the problems of our subrogation system concluded above, laying emphasis on the way of perfection of our subrogation system.

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CLC: > Political, legal > Legal > Chinese law > China and France
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