The following four rights are exclusive to the debtor and cannot be subrogated by the creditor:
(1) Non property rights. For example, the right of guardianship, the right to revoke marriage, the right to request divorce, the right to claim and deny illegitimate children, and the right to deny legitimate children.
(2) It is mainly the property right to protect the intangible interests of the obligee. For example, the right to recognize or abandon inheritance or bequest, the right to request custody, and the right to claim damages due to infringement of life, health, reputation, freedom, etc.
(3) Non transferable rights. It mainly refers to those creditor's rights based on personal trust relationship or creditor's rights based on specific identity relationship, omission creditor's rights, etc.
(4) The right not to detain. For example, pensions, benefits, pensions, etc.
[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.