2006•Journal of China University of Mining & Technology(Social Science)Requires access
Coordination in Value-Conflicts of Subrogation System
Lin Cheng-duo
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Abstract
There are two systems in the debt's protection in the Civil Law: subrogation right,and cancellation right.The subrogation right contains the relation between loaner and obligor,obligor and the sub-obligor,loaner and the sub-obligor.Now there are value-conflicts of the subrogation right,whether we use principle of warehousing or priority-right in the 20th article of new Contract Right.Therefore,on one hand it's necessary to protect the debt and on the other hand we should respect the freedom of the rights of the loaner.To make sure the coordination in the value-conflicts of the subrogation right is of great benefit to debt's protection.