Ascription of Result of Enforcing of Creditor’s Subrogation

The Contract Law has not given any provision on the effect of the creditor carrying on the right of subrogation.But the judicial explanation of the Supreme People’s Court complements the regulation on the effect of the subrogation right regulated by the contract law.The complementation has been arousing disputes within civil law circle.There are several theories on the ascription of the result of the enforcing of subrogation,including rule of warehousing,equal contribution and preferential payment.The article divides the creditor's rights into two parts:intrinsic rights before the creditor carrying on the right of subrogation and extrinsic rights for carrying on the right of subrogation.For different parts,we can take different discharging rules in different cases.