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What are the legal characteristics of creditor's subrogation right

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What are the legal characteristics of creditor's subrogation right


        

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  • 2024-05-26 14:01:22

    The legal characteristics of creditor subrogation are as follows:

    1. The creditor's subrogation is one of the creditor's rights preservation systems.

    2. Limitation of creditor subrogation system.

    3. Complementarity of creditor subrogation system.

    4. The non reciprocity of the rights and obligations of subrogation litigation.

    [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.

    Hu***

    2024-05-26 14:01:22

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