2003Hebei faxueRequires access

The Object of Litigation with Subrogation

PU Ju-hua

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Abstract

The rule of subrogation of our country influences litigation with subrogation directly. The theory of one object and theory of two object can not be exited in our country. It is a more suitable method to solve this problem by accepting new theory of object of action and theory of effective of issue. According to the theories, the object of litigation with subrogation is the creditor's claim to subordinate debtor, and legal relations between the creditor and the debtor and legal relations between the debtor and the subordinate debtor should be restricted to the judgement of litigation with subrogation because of effective of issue.

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What this paper is about

The rule of subrogation of our country influences litigation with subrogation directly. The theory of one object and theory of two object can not be exited in our country. It is a more suitable method to solve this problem by accepting new theory of object of action and theory of effective of issue. According to the theories, the object of litigation with subrogation is the creditor's claim to subordinate debtor, and legal relations between the creditor and the debtor and legal relations between the debtor and the subordinate debtor should be restricted to the judgement of litigation with subrogation because of effective of issue.

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Available abstract

The rule of subrogation of our country influences litigation with subrogation directly. The theory of one object and theory of two object can not be exited in our country. It is a more suitable method to solve this problem by accepting new theory of object of action and theory of effective of issue. According to the theories, the object of litigation with subrogation is the creditor's claim to subordinate debtor, and legal relations between the creditor and the debtor and legal relations between the debtor and the subordinate debtor should be restricted to the judgement of litigation with subrogation because of effective of issue.

Key concepts: Subrogation, Debtor, Creditor, Object (grammar), Judgement, Law, Business, Law and economics

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