2010دراسات - علوم الشريعة والقانونRequires access

Subrogation Because of Payment

Nael Ali Al-Masa'adeh

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Abstract

Subrogation is a lawful situation that enables the third party if he paid the creditor his loan to get the same lawful position of that creditor according to his debtor, so that the payer could ask the debtor what he paid with the same rights and guarantees, which were to the creditor on his right. On the other hand, the debtor could face the payer with the same exceptions, which were to him against the creditor. Subrogation is of two types, one is lawful based on articles of the law, thus this type is not to be worked without an article in the law, and the other type comes from a deal between the payer and the creditor or the debtor.

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What this paper is about

Subrogation is a lawful situation that enables the third party if he paid the creditor his loan to get the same lawful position of that creditor according to his debtor, so that the payer could ask the debtor what he paid with the same rights and guarantees, which were to the creditor on his right. On the other hand, the debtor could face the payer with the same exceptions, which were to him against the creditor. Subrogation is of two types, one is lawful based on articles of the law, thus this type is not to be worked without an article in the law, and the other type comes from a deal between the payer and the creditor or the debtor.

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Available abstract

Subrogation is a lawful situation that enables the third party if he paid the creditor his loan to get the same lawful position of that creditor according to his debtor, so that the payer could ask the debtor what he paid with the same rights and guarantees, which were to the creditor on his right. On the other hand, the debtor could face the payer with the same exceptions, which were to him against the creditor. Subrogation is of two types, one is lawful based on articles of the law, thus this type is not to be worked without an article in the law, and the other type comes from a deal between the payer and the creditor or the debtor.

Key concepts: Creditor, Debtor, Subrogation, Business, Payment, Position (finance), Lien, Law

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