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On Subrogation

Author: ChenZuo
Tutor: ShenJianPing
School: Heilongjiang University
Course: Legal
Keywords: right of subrogation subrogation right of litigation elements settlement order
CLC: D923.3
Type: Master's thesis
Year: 2009
Downloads: 198
Quote: 1
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Abstract


Derived from Roman law system of the subrogation rights through the development of a thousand years. Its value lies in the protection of creditor rights and the protection of the order of market transactions. China from the 90’s, the social relations of various types of a large number of claims and liabilities, to meet the development needs of the market economy, in the "Contract Law" and its interpretation of the subrogation right of the establishment of a system. The system of regulating the relationship between China’s market to promote market economies of scale and standardization of development played a role. However, China’s establishment of the subrogation right of late, due to a complete system, there are some issues worthy of discussion, it is not possible to meet the future needs of the judicial practice. In this paper, the current system of the subrogation right of creditors of a number of relatively new views and ideas, the right of subrogation against the legislative structure, the scope of rights, the status of litigation in areas such as the debtor disputes the existence of analysis and inquiry, in order to perfect the system in our country the right of subrogation.

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