本篇paper代写- Subrogation right讨论了代位权。如今，代位权是一个重要的法定权利，它根本性的目的是进行债的保全。由于社会主义市场经济的持久发展，在社会实践中，错综复杂的关系逐渐增加。在债务强制执行上，由于法律规定措施不足，为了加大债权的保障力度，所以我们对代位权进行了完善和发展。债权人合理行使代理权，能保证自己的合法权益，保障责任财产的增加，督促债务人采取积极作为的方式履行债务。代位权的前提，是享有的债权有合法性，这不仅要求债权人和债务人之间的债务关系合法，还需要债权人享有的债权的内容合法。本篇paper代写由51due代写平台整理，供大家参考阅读。
As one of the contents of debt preservation, the idea that revocation right originated from Roman law has been widely accepted, while many scholars hold different opinions on the origin of subrogation right. Nowadays subrogation right is an important legal right in our country. Its fundamental purpose is to preserve the debt. As a result of the lasting development of socialist market economy, in social practice, the relationship of intricate "triangular debt" increases gradually. In terms of debt enforcement, due to insufficient measures stipulated by law, we have improved and developed subrogation rights in order to strengthen the protection of creditor's rights. The creditor's reasonable exercise of the agency right can guarantee his legitimate rights and interests, protect the increase of liability property, and urge the debtor to take an active way to perform the debt.
The premise of subrogation is that the creditor's right enjoys legitimacy, which requires not only the legal debt relationship between the creditor and the debtor, but also the legal content of the creditor's right. The condition of subrogation is to cause substantial loss to the creditor. Only in this way can it be necessary to bring subrogation suit. The key of subrogation right is that the obligor has expired or exceeded the performance period of the creditor's right against the third party and has acted passively and been negligent in exercising the creditor's right. This reflects the subrogation system in the creditor can be involved in the contract between the debtor and a third party in the provisions of the contract to give full play to the positive significance of the preservation of creditor's rights.
From the perspective of specific content, first of all, subrogation must be exercised in the way of litigation, which indicates that both parties shall not choose any way other than litigation to solve the dispute. It is helpful to prevent creditors from abusing subrogation right to regulate by means of litigation. Secondly, in the court of jurisdiction, only the court of the defendant's domicile has the right to hear subrogation. This is beneficial to clarify the complex legal relationship, improve the efficiency of litigation, avoid repeated litigation, and protect the rights of creditors. At the same time, when determining the two parties, the secondary debtor shall be the defendant, and the court may add the debtor as the third party, or it may not add the debtor when the facts of the case are clear and the legal relationship is clear. Finally, the creditor's subrogation exercise is limited, can not exceed the limits of their own claims, the secondary debtor to put forward additional claims.
In the suit of subrogation, the relation of suit is very complicated. Therefore, in judicial practice, the frequency of subrogation is not too high. On the one hand, the creditor bears the burden of proof, which makes it difficult to prove the exercise requirements of the right of subrogation. For example, in the classic case of subrogation lawsuit, bank of China shantou branch filed a subrogation lawsuit with shaoguan branch of guangdong securities co., LTD., requesting the court to order shaoguan branch of guangdong securities co., ltd. to return the land purchase money, which was used to pay off the debts owed to bank of China shantou branch by enron. After the trial, the court of first instance did not support the plaintiff's claim at that time, and finally passed the second trial of the higher people's court and the retrial of the supreme people's court, and finally decided the shantou branch of bank of China won the lawsuit. This case has also become a hotspot of scholars because of its complicated legal relations, complicated facts and many characteristics of subrogation.
On the effect of creditors, after creditors win the case, they have the right to directly take possession of the property of the secondary debtor, that is, the rules of warehousing. The entry rules reflect the concept of equality of debt relations, and fully balance the relationship among creditors, debtors and secondary debtors after combining with China's specific national conditions. On the one hand, according to the economic principle of litigation, the secondary debtor pays directly to the creditor and reduces the intermediate links, which can effectively prevent the right creditor's interests from being damaged. On the other hand, it is in line with the purpose of legislation and can implement subrogation through litigation.
The effect on the debtor is limited by the debtor's action. From the moment the court accepted the subrogation action, the debtor's rights were subrogated by the creditor, and the debtor's action began to be limited. After the lawsuit is filed, the debtor shall not have any behavior that hindering the creditor's right of subrogation, that is, it shall not abandon its creditor's right, extend its creditor's right, or accept its creditor's right, which is equivalent to being in a "frozen" state. And in the litigation, no matter whether the debtor attends or not, the court's judgment on subrogation has effect on the debtor, and the res judgees need to expand to the debtor.
As to the effect of the secondary debtor, the secondary debtor may defend against the creditor. When exercising the right of defense against the creditor, the reason of defense may be increased with the reason of defense against the debtor, so as to fully protect the secondary debtor's right of defense. The secondary debtor cannot counterclaim after the subrogation proceeding. The reason is that, on the one hand, the purpose of the creditor's right of subrogation is to protect his creditor's right. After the secondary debtor files a counterclaim, it runs counter to the purpose of the creditor's lawsuit, loses its practical significance and violates the original intention of the subrogation system. On the other hand, the secondary debtor needs to file a counterclaim to the debtor, but the debtor is not a subrogation litigant, but appears in the lawsuit as a third party, which is logically inconsistent with the requirements for the realization of counterclaim.
要想成绩好，英国论文得写好，51due代写平台为你提供英国留学资讯，专业辅导，还为你提供专业英国essay代写，paper代写，report代写，需要找论文代写的话快来联系我们51due工作客服QQ：800020041或者Wechat：Abby0900吧。
As one of the contents of debt preservation, the idea that revocation right originated from Roman law has been widely accepted, while many scholars hold different opinions on the origin of subrogation right. Nowadays subrogation right is an important legal right in our country. Its fundamental purpose is to preserve the debt. As a result of the lasting development of socialist market economy, in social practice, the relationship of intricate "triangular debt" increases gradually. In terms of debt enforcement, due to insufficient measures stipulated by law, we have improved and developed subrogation rights in order to strengthen the protection of creditor's rights. The creditor's reasonable exercise of the agency right can guarantee his legitimate rights and interests, protect the increase of liability property, and urge the debtor to take an active way to perform the debt.
The premise of subrogation is that the creditor's right enjoys legitimacy, which requires not only the legal debt relationship between the creditor and the debtor, but also the legal content of the creditor's right. The condition of subrogation is to cause substantial loss to the creditor. Only in this way can it be necessary to bring subrogation suit. The key of subrogation right is that the obligor has expired or exceeded the performance period of the creditor's right against the third party and has acted passively and been negligent in exercising the creditor's right. This reflects the subrogation system in the creditor can be involved in the contract between the debtor and a third party in the provisions of the contract to give full play to the positive significance of the preservation of creditor's rights.
From the perspective of specific content, first of all, subrogation must be exercised in the way of litigation, which indicates that both parties shall not choose any way other than litigation to solve the dispute. It is helpful to prevent creditors from abusing subrogation right to regulate by means of litigation. Secondly, in the court of jurisdiction, only the court of the defendant's domicile has the right to hear subrogation. This is beneficial to clarify the complex legal relationship, improve the efficiency of litigation, avoid repeated litigation, and protect the rights of creditors. At the same time, when determining the two parties, the secondary debtor shall be the defendant, and the court may add the debtor as the third party, or it may not add the debtor when the facts of the case are clear and the legal relationship is clear. Finally, the creditor's subrogation exercise is limited, can not exceed the limits of their own claims, the secondary debtor to put forward additional claims.
In the suit of subrogation, the relation of suit is very complicated. Therefore, in judicial practice, the frequency of subrogation is not too high. On the one hand, the creditor bears the burden of proof, which makes it difficult to prove the exercise requirements of the right of subrogation. For example, in the classic case of subrogation lawsuit, bank of China shantou branch filed a subrogation lawsuit with shaoguan branch of guangdong securities co., LTD., requesting the court to order shaoguan branch of guangdong securities co., ltd. to return the land purchase money, which was used to pay off the debts owed to bank of China shantou branch by enron. After the trial, the court of first instance did not support the plaintiff's claim at that time, and finally passed the second trial of the higher people's court and the retrial of the supreme people's court, and finally decided the shantou branch of bank of China won the lawsuit. This case has also become a hotspot of scholars because of its complicated legal relations, complicated facts and many characteristics of subrogation.
On the effect of creditors, after creditors win the case, they have the right to directly take possession of the property of the secondary debtor, that is, the rules of warehousing. The entry rules reflect the concept of equality of debt relations, and fully balance the relationship among creditors, debtors and secondary debtors after combining with China's specific national conditions. On the one hand, according to the economic principle of litigation, the secondary debtor pays directly to the creditor and reduces the intermediate links, which can effectively prevent the right creditor's interests from being damaged. On the other hand, it is in line with the purpose of legislation and can implement subrogation through litigation.
The effect on the debtor is limited by the debtor's action. From the moment the court accepted the subrogation action, the debtor's rights were subrogated by the creditor, and the debtor's action began to be limited. After the lawsuit is filed, the debtor shall not have any behavior that hindering the creditor's right of subrogation, that is, it shall not abandon its creditor's right, extend its creditor's right, or accept its creditor's right, which is equivalent to being in a "frozen" state. And in the litigation, no matter whether the debtor attends or not, the court's judgment on subrogation has effect on the debtor, and the res judgees need to expand to the debtor.
As to the effect of the secondary debtor, the secondary debtor may defend against the creditor. When exercising the right of defense against the creditor, the reason of defense may be increased with the reason of defense against the debtor, so as to fully protect the secondary debtor's right of defense. The secondary debtor cannot counterclaim after the subrogation proceeding. The reason is that, on the one hand, the purpose of the creditor's right of subrogation is to protect his creditor's right. After the secondary debtor files a counterclaim, it runs counter to the purpose of the creditor's lawsuit, loses its practical significance and violates the original intention of the subrogation system. On the other hand, the secondary debtor needs to file a counterclaim to the debtor, but the debtor is not a subrogation litigant, but appears in the lawsuit as a third party, which is logically inconsistent with the requirements for the realization of counterclaim.
要想成绩好，英国论文得写好，51due代写平台为你提供英国留学资讯，专业辅导，还为你提供专业英国essay代写，paper代写，report代写，需要找论文代写的话快来联系我们51due工作客服QQ：800020041或者Wechat：Abby0900吧。
※コメント投稿者のブログIDはブログ作成者のみに通知されます