A discussion on the ascription of exercising effect of subrogation
Junji Cao
Abstract
Junji Cao
Abstract
There are two theories on subrogation, rule of warehousing and direct-discharge. Subrogation is a kind of substantive right, it is established on special basis, and the purpose of it is not to protect all the creditors’rights. This article from the exercising area of subrogation, comparative law, litigation economy, the social effect of subrogation exercising, the restriction on the debtor’s right and equality of creditor's right, proves that the direct-discharge is more excellent than the rule of warehousing through nine different angles of view.
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There are two theories on subrogation, rule of warehousing and direct-discharge. Subrogation is a kind of substantive right, it is established on special basis, and the purpose of it is not to protect all the creditors’rights. This article from the exercising area of subrogation, comparative law, litigation economy, the social effect of subrogation exercising, the restriction on the debtor’s right and equality of creditor's right, proves that the direct-discharge is more excellent than the rule of warehousing through nine different angles of view.
Key concepts: Subrogation, Creditor, Ascription, Debtor, Law and economics, Law, Business, Actuarial science