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What should the creditor do if the debtor delays in exercising the creditor's right due

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What should the creditor do if the debtor delays in exercising the creditor's right due


        

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  • 2024-06-05 07:00:57

    If the debtor delays in exercising the creditor's right due, the creditor may exercise it on its behalf, but the creditor's exercise of the right of subrogation shall meet the following conditions:
    1. The creditor's right to the debtor is legal and definite, and must have reached the repayment period.
    2. The debtor delayed in exercising its due creditor's rights.
    3. The debtor's delay in exercising its rights has caused damage to the creditor.
    4. The debtor's claim is not exclusive to the debtor itself.

    [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.

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