Enquiring knowledgeable people Inquisitive education Hospital Treasury

What is the meaning of creditor's subrogation action

home page

What is the meaning of creditor's subrogation action


        

Submit answer
Favorable reply
  • 2024-06-05 07:00:57

    A suit of subrogation means that a creditor who has due claims against the debtor has the right to claim rights from the secondary debtor in its own name because the debtor is slow to exercise its creditor's rights against the secondary debtor, except that the corresponding rights belong to the debtor itself. Subrogation litigation plays a very positive role in protecting the legitimate rights and interests of creditors, reducing disputes, and saving judicial resources.

    [Legal Basis]

    In Article 535 of the Civil Code, if the realization of the creditor's right due is affected due to the debtor's delay in exercising its creditor's right or an accessory right related to the creditor's right, the creditor may request the people's court to subrogate the debtor's right against the counterpart in its own name, except that the right belongs exclusively 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.

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):