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How to Understand the Object of Creditor's Subrogation Right

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How to Understand the Object of Creditor's Subrogation Right


        

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  • 2024-05-26 14:01:22

    The so-called object of the creditor's subrogation right is the object of subrogation right exercise, that is, which rights of the debtor can be exercised by the creditor.

    The so-called creditor's right of subrogation means that when the debtor should exercise its right to a third person (the secondary debtor) without exercising its right to the detriment of the creditor's right, the creditor can subrogate the debtor's right in its own name in order to preserve its own right.

    [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.

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