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How about the legal effect of subrogation on creditors

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How about the legal effect of subrogation on creditors


        

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  • 2024-05-29 01:01:23

    The legal effect of subrogation on creditors is as follows:

    1. The creditor may be compensated directly from the benefits derived from the exercise of the right of subrogation.

    2. The litigation costs incurred by the obligee to exercise the right of subrogation as an advance payment shall be directly borne by the secondary obligor. Other expenses paid by the creditor for exercising the right of subrogation, such as travel expenses, can be recovered from the debtor.

    3. The exercise of the right of subrogation shall be limited to the satisfaction of the creditor's own claim, if the amount owed by a third party to the debtor exceeds the amount of the creditor's claim;

    The creditor has no right to exercise the excess on behalf of the debtor; If the amount owed by the third party to the debtor is not enough to pay off the creditor's rights, the creditor has no right to require the third party to pay off the insufficient part, and can only sue the debtor separately.

    [Legal Basis]

    In Article 535 of the Civil Code, the realization of the creditor's right due is affected due to the debtor's delay in exercising his creditor's right or his subordinate right related to the creditor's right;

    The creditor may apply to the people's court for subrogation in its own name to exercise the debtor's rights against the counterpart, except where such rights exclusively belong to the debtor itself.

    The scope of subrogation shall be limited to the creditor's due claims. The necessary expenses for the obligee to exercise the right of subrogation shall be borne by the obligor. The opposing party may claim against the creditor any defense against the debtor.

    He***

    2024-05-29 01:01:23

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