sac chanel 2.55/sac chanel 2.55/-Subrogation

Saly986336 · Wysłany: Sob 13:51, 12 Mar 2011

About December 1, 1999 adoption of the Litigation and other issues were further requirements. (A) the concept of subrogation and functions of subrogation, is the obligor is indolent in exercising due third party claims, and endanger the creditor creditor, the creditor in order to preserve their claims, instead of the debtor in his own name to the first Three right to exercise their rights. Subrogation is the preservation of the functions of the main claims, to make up for lack of enforcement of the law. (B) Subrogation Essential Elements First, the debtor shall be entitled to the rights of third parties due. If the debtor has no right to exist or to others who have exercised the right to exist is completed, the creditor loses the right of subrogation, it can not exercise the right of subrogation. Creditors, the debtor may be subrogated to the rights is subject to legal restrictions, Scholars believe that (C) The creditor's right of subrogation subrogation is that the French China's otherwise. exercise of the right of subrogation to the creditor's claim scope is limited. creditors necessary for the exercise of subrogation costs borne by the obligor. problem subrogation prerequisite subrogation prerequisite, scope and Subrogation and other issues are further requirements (a) Subrogation of the concepts and functions of subrogation, is the obligor is indolent in the exercise of the third person's maturity debt, and threaten the realization of creditor's claim, the creditor in order to preserve their claims to the debtor in his own name instead of the right to exercise the rights of third parties. Subrogation is the preservation of the functions of the main claims, to make up for lack of enforcement of the law. (B) Subrogation Essential Elements First, the debtor shall be entitled to the rights of third parties due. If the debtor has no right to exist or to others who have exercised the right to exist is completed, the creditor loses the right of subrogation, it can not exercise the right of subrogation. Creditors, the debtor may be subrogated to the rights is subject to legal restrictions, Scholars believe that
subrogation
subrogation
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exercise of the right of subrogation condition 1, the legitimate claims of creditors against the debtor, determination, and must have reached the repayment period. 2, the obligor is indolent in exercising its due creditor. 3, the debtor has been delayed in the exercise of the rights of creditors damage. 4, the obligor is not exclusively belong to the debtor's own claims. The scope of the exercise of subrogation to the claims of creditors is limited. The exercise of subrogation rights of creditors necessary expenses borne by the obligor. Creditors, the debtor filed the second suit of subrogation by the People's Court and found the subrogation by the time the debtor to fulfill the repayment obligation to the creditor, the creditor and the debtor, the debtor and the time between the verdict, the appropriate credit and debt elimination.
subrogation is that the French China's otherwise. subrogation exercised within the scope of the creditor's claim is limited. creditors from exercising subrogation rights necessary expenses borne by the obligor. exercise of subrogation rights the subject of subrogation occurred in conditions of subrogation of the exercise of subrogation to exercise the effectiveness of the exercise of the effectiveness of subrogation characteristics of A. Subrogation is the creditor instead of the debtor to the debtor of the debtor claim the rights, reflecting the debt of external force. B. Subrogation is a legal claim the power. Regardless of whether the third party agreement, the creditors are entitled to such power. C. subrogation is the name of the creditor to exercise their own rights of the debtor. D. Subrogation is not in the content of the debtor and the third claim. In content, subrogation is to preserve the claims of creditors, and then replace the debtor from the exercise of the rights of the debtor and the debtor can not receive priority for repayment of property.
subrogation
the right one is a pure property rights, in addition to property and property claims also included the right of claim to property interests such as the right for the purpose of forming the second is mainly for the benefit of property recognized rights, such as misunderstanding of other major changes in civil rights or the right of revocation; third lawsuit on the right, such as the right to sue, seeking to enforce rights. However, the exclusive rights of the debtor is not transferable, may not retain the property rights and non-property rights can be exercised subrogation object. First, the obligor is indolent in exercising their rights. Obligor is indolent in exercising their rights, means that the debtor should be exercised, but not able to exercise their rights. The so-called means that the debtor should be exercised in the rights of a third party has expired, if not timely exercised, the rights may be destroyed or lost; be able to exercise objective means that the debtor has the ability to exercise; not an objective exercise of the debtor is not as negative, regardless of whether the omission fault. Lazy to exercise must be due the debtor does not exercise the rights, if the debtor exercised, even if the results of the exercise of improper methods or unfavorable to creditors, creditors may not claim subrogation. Otherwise, the debtor's improper interference. Second, the debtor shall perform his obligation delay. In general, to carry out the pending session of the debt, the creditor can not be achieved without the risk of claims is difficult to determine. At this point allows creditors to exercise the right of subrogation, will inevitably lead to abuse the rights of creditors, the debtor quite fair. Therefore, before the arrival of the debtor's debt performance, the right of subrogation does not occur. However, the performance period if the debtor has not been to the creditor for the preservation of the debtor's rights, such as the declaration of bankruptcy claims, you can still subrogation. If this time does not allow Save on behalf of the rights of creditors, the rights will be eliminated. Third, there must be necessary to preserve the claim. China's Laws of Subrogation for the sole purpose is to protect the claims of the implementation. If the debtor's existing assets sufficient to repay the debts, the debtor directly to enforce the claim can be achieved, there is no need to exercise the right of subrogation. Claims is necessary to preserve the claims of creditors can not be achieved with the risk, that is, whether the property of the debtor can not or will not pay off the debt as the standard. Debtor does not exercise the rights, harm, and only realized when the creditor's claim, is consistent with the exercise of elements. The so-called Such as A to B to buy a vintage, yet delivered the antiques sold in the upcoming C,[link widoczny dla zalogowanych], B if A lazy delivery of the request, then the C's claims can not be achieved, so both the financial viability status A, C can be on behalf of A to B request delivery of the antiques. Trading in a particular matter, the debtor's financial viability of the implementation status and claims not directly related to the creditor need only be enough in the exercise of the debtor-owned right of subrogation.
subrogation
the subject of subrogation, the subject of subrogation is only limited to the debtor's This suggests that China's In fact, in addition to the subject of subrogation claims, should also include the following rights: 1, the right entity, specifically including the property, right of claiming to form the right, drop the case, the subrogation right. Upon receiving the right to claim inheritance restored, the succession of human rights Portion less power; 2, proceedings of the rights, such as failure interrupt proceedings, filed a lawsuit for property preservation, seeking to enforce such rights. The conditions of subrogation subrogation occurs is delayed in the exercise of the rights of victims of the debtor and creditors creditor, the creditor for the preservation of their claims in their own name to the third person to exercise the right of the debtor's existing debt. Subrogation occurs has four aspects: First, the debtor to the third contingent claims personnel, and the debt non-exclusive rights of the debtor itself; second is delayed in the exercise of their claims to be the debtor that the debtor should and can exercise the claims, but not to exercise; Third, the debtor has delayed in exercising their damage claims and claims of creditors; Fourth, the debtor must have been delayed performance. Outstanding debt of the debtor and the unexpired period of performance, the creditor can not exercise the right of subrogation, but save the debtor for the creditor's rights, such as the interruption time, the debtor can be exempted from the restrictions delay in performance. Subrogation of creditors to notify the debtor time being, the debtor's rights are not lost, but the exercise of the debtor should be limited disposition, that is without prejudice to the interests of creditors may exercise their rights under. If the prejudice to the exercise of subrogation rights of creditors, such as exemption from a third party debt, the debtor may not whom. Subrogation of the creditor can not therefore have priority in receiving the right can only be on equal footing with other creditors repaid. Creditor exercising a right of subrogation, subrogation to exercise the main body of creditors, the creditors to exercise their right of subrogation in the name. 2 subrogation proceedings must be exercised. According to Supreme People's Court Article 15 provides that the creditor after the debtor to the people's court, also the same people's court on time the debtor filed subrogation action, in line with the interpretation of the provisions of Article 13 and Article 108 of the Civil Procedure Law of the prosecution of the conditions, the court shall accept ; does not meet the interpretation of Article 13, inform the creditors of the debtor to the time the domicile of the People's Court be prosecuted. Subrogation action accepting the people's court proceedings in the creditor sued the debtor's decision takes legal effect,[link widoczny dla zalogowanych], shall be in accordance with the Civil Procedure Law Article 136, paragraph 5 of suspension of Subrogation. Article 16 provides that the creditors the debtor as an inferior race, a third person, the court may append a debtor to a third party. Two or more creditors, the defendant filed for the first subrogation action, the people's court cases can be handled. 3, exercised the right of subrogation the scope of claims to the extent necessary to preserve limited. 4, the exercise of subrogation rights is not unlimited. Subrogation to exercise the right to effect 1. The debtor's effectiveness: (1) creditor to time the debtor filed a subrogation action by the People's Court affirms the right of subrogation set up by the time the debtor to the creditor to fulfill the repayment obligation, the creditor and the debtor, the debtor and the time the debtor between the corresponding claims and debts relationship verdict eliminated. (2) the debtor's right to dispose of their claims due to the exercise of subrogation is limited. 2. The effect of the secondary obligor: (1) of the debtor in the subrogation action in a defendant's position to advocate their own against the debtor to the creditor all the defenses. (2) The People's Court affirms the right of subrogation set up by the time the debtor to creditors to fulfill repayment obligations. (3) in the subrogation action in favor of creditors, the burden of litigation costs by the time the debtor from claims paid in priority to achieve. 3. The effect on creditors: (1) The creditors in accordance with the provisions of Article 73 of the Contract Law subrogation action brought by the defendant resides in the people's court jurisdiction. (2) the amount of creditor claims can only be brought within my subrogation action, the debtor shall not exceed the scope of rights. (3) recognized by the trial and after the establishment of the subrogation right time to fulfill the repayment obligation by the debtor to the creditor, the creditor and debtor relationship between the attribution of credit and debt elimination. The first exercise of force. On the validity of the creditor himself and found the subrogation by the time the debtor to fulfill the repayment obligation to the creditor, the creditor and the debtor, the debtor and the time between the verdict, the appropriate credit and debt elimination. . This interpretation of Article 19 provides: obligor. The exercise of subrogation rights of creditors to pay for other expenses such as travel, etc., may recourse against the debtor. This interpretation of Article 21 provides: , the exercise of subrogation to meet the creditor's claim for the limits, if the third party debt of the debtor by the creditor's claim exceeds the amount of excess, the creditor has no right to exercise on behalf of the debtor; if the debtor held the third person insufficient to pay off debt the amount of creditor's claim on the shortfall, the creditor has no right to a third party settlement, the debtor can be prosecuted. Second. For the time the debtor (third party) the effectiveness of the exercise of subrogation rights, the legal status of sub-debtor should not have any impact. Times of all the debtor's creditors get defenses are exercised. The effectiveness of the debtor's creditors, after the exercise of subrogation, the rights of the debtor for the right to dispose of it because of the exercise of subrogation rights restrictions? Scholars have negative speaking and affirm that the two views, but who affirm that the point of view of people is more common, I also insist, surely, that the creditor in the exercise of subrogation and notify the debtor, the debtor may not be as prejudice subrogation to exercise the right to action, that is not to abandon, release, conveyance or other right of subrogation to exercise enough to lose its effectiveness behavior. Creditors, the debtor is a defendant to an inferior race, the people's court subrogation, the debtor can be used as third party in the subrogation action. In the proceedings, the debtor can challenge the claims of creditors, if the opposition is justified by the review, the people's court shall dismiss the prosecution of creditors. People's Court in Subrogation bound to be the final arbiter is the debtor, depending on the circumstances. If the debtor took part in the proceedings as a third person, the debtor is bound by this referee, in the future may not bring an action contrary to the main body of the request with the decision. However, if the debtor is not notified and did not participate in the proceedings, because there is no proposed attacking and defending methods, without statements, therefore there is no referee to its effectiveness, if the debtor disagrees with the referee can still be prosecuted. Atlas Atlas entry for more extended reading: 1
Subrogation:
subrogation
the exercise of subrogation to exercise subrogation rights is the main creditor, and creditors in their own name on behalf of the debtor of the place to exercise. When a creditor has the right of subrogation, other creditor shall not exercise the same rights of subrogation again. However, two or more creditors, the debtor is a defendant in the same subrogation action brought the people's court cases can be handled, the creditors as co-plaintiff. Subrogation of creditors when the obligation of due attention of a good administrator, if the breach of duty caused the loss, should bear the responsibility for damages. The object of subrogation of creditors, the debtor should be non-exclusive right to own property. For non-exclusive property of the debtor's rights and their rights, shall not be exercised by the Creditor. Exclusive rights of the debtor himself, including: alimony, dependent relationship, parental support, inheritance relations, a claim for wage, pension, pensions, pension, relocation, life insurance, because of physical, health, reputation Liberal infringement damages incurred claims. Exercised the right to exercise subrogation litigation the way and drive it two ways. China's Way through the courts because only the referee can effectively prevent the abuse of subrogation of creditors, the debtor free to dispose of the property of the debtor misconduct and violations of the legitimate interests of third parties, but also to avoid creditors and other non-subrogation of the creditor, debtor and third party between the exercise of subrogation rights due to a dispute. Subrogation to exercise the scope of the general order to preserve the claims of the need for standards 1. Only in the creditor's claim has not achieved the danger, to exercise the right of subrogation; 2. If the creditor to exercise the debtor a right sufficient to preserve their own claims are not other rights shall be exercised the debtor's right of subrogation. Necessary to preserve the claim is limited, namely, by subrogation the rights available to the preservation of the value of the debt should be of equal value. the amount of debt owed to the debtor, the excess shall not be supported.
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