What is the difference between subrogation in rem and subrogation in rem?

The right of subrogation is the right of claim, and the subrogation in rem is the right of ownership.

In the case of entrustment, all the compensation obtained by subrogation in rem belongs to the insurer.

If the compensation obtained by subrogation exceeds the insurance compensation, the excess part shall be returned to the insured.

Subrogation of rights is not responsible for possession, whereas subrogation in rem is responsible for possession.

The nature of the right is different, the right of subrogation belongs to the statutory transfer of creditor's rights, and the right of subrogation belongs to the scope of debt preservation.

The content of the right is different, and the right of subrogation exercises the rights that belong to the creditor itself.

Subrogation is a right that belongs to the debtor.

The effect of the right is different, and the effect of the exercise of the right of subrogation is directly attributable to the creditor.

The effect of the exercise of the right of subrogation is vested in the debtor who is subrogated.

The reasons for the right are different, and subrogation arises only from insurance, while subrogation has no such limitation.

The conditions for exercising the right are different, and the exercise of the right of subrogation is conditional on the loss within the scope of insurance liability and the liability of the third party.

The exercise of the right of subrogation is conditional on the debtor's negligence in exercising the right and endangering the interests of the creditor.

Legal analysis: subrogation in rem generally refers to the security interest in the security right (such as mortgage and pledge) in which the collateral disappears due to accidental damage or other reasons in exchange for compensation (or other property such as transferee) in respect of the collateral (or other property such as transferee).

Subrogation in rem means that when the collateral is lost or damaged due to the infringement of others, the compensation obtained by the debtor shall continue to be used as the subrogation as security for the creditor's rights, and the creditor may have priority in repaying the subrogation.

Subrogation in rem is different from subrogation in rem, the former is a right, while the latter is a legal nature arising on the basis of rights. The acquisition of subrogation in rem requires entrustment, and certain conditions must be met, and subrogation in rem arises with the creditor's right.

Legal basis: Civil Code of the People's Republic of China

Article 114:Civil entities enjoy property rights in accordance with law. Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

Article 115 Property includes immovable and movable property. Where the law provides that rights are the object of real rights, follow those provisions.

Article 116:The types and contents of property rights shall be prescribed by law.

Subrogation in rem generally refers to the fact that when the collateral disappears due to accidental damage or other reasons in the security of a real right (such as mortgage or pledge) in exchange for compensation (or other property such as transferee), the guarantor still holds the security interest in the compensation (or other property such as the transferee) in exchange for the collateral.

1. Subrogation of the right to claim insurance money.

For the things of the insurance money, the "compensation" should also include the insurance money. For those who obtain compensation benefits from the mortgagor due to the loss of the mortgage, China's civil law recognizes the subrogation in rem of the mortgage, and the mortgagee naturally obtains the statutory mortgage right in the right to claim subrogation in rem when the mortgage is created. Under this legal mortgage, the mortgagee asserts rights against the debtor in the event of non-performance of its obligations, thereby receiving priority in repayment.

Of course, China's law stipulates that insurance money is within the scope of the mortgage and is designed to protect the interests of the mortgagee, especially to effectively safeguard the interests of banks and other financial institutions and prevent financial risks. Because the insurance money is not the subrogation of the collateral, the insurance money is the due interest of the insured (beneficiary) arising from the insurance contract, not the benefit arising from the loss of the collateral.

The mortgage right is a security interest, and when the mortgage is infringed and the mortgage is lost, the mortgagee may exercise the right to claim compensation for the infringement, regardless of whether the infringer is the owner of the mortgage or a third party. The general elements for the establishment of a tort are: first, the fault of the perpetrator; second, there is the occurrence of the fact of damage; Third, there is a causal relationship between the act and the result of the damage.

The concept of subrogation in rem refers to the fact that in the process of using the real right for security, if the collateral is accidentally damaged or the loss is caused by other reasons, the guarantor is entitled to the compensation payable for the damage. The general criterion for judging the tort of collateral is that it is caused by the negligence of the perpetrator or the fact that the damage has occurred.

1. Are security interests all subordinate rights?

Yes. A security interest is subordinate and indivisible. The so-called subordination means that the security interest is premised on the establishment of the principal debt, transferred with the transfer of the principal debt, and extinguished with the extinction of the principal debt.

For example, the mortgagee's disposition of the creditor's right must extend to the mortgage right, and the mortgagee may not assign the mortgage right to others and retain the creditor's right himself; nor shall they assign their creditor's rights to others and retain their own mortgage rights; Moreover, it is not allowed to assign the creditor's right and the mortgage right to two people separately. The indivisibility of a security interest means that the creditor of the claim secured by the security interest may exercise its rights in respect of the security interest in its entirety. This is reflected in:

If part of the creditor's right is extinguished, such as repayment or assignment, the creditor still exercises all rights over the collateral for the part of the unliquidated creditor's right; A part of the collateral is lost, and the remaining part still guarantees all the claims; In the case of a claim to be performed in installments, the creditor shall have the priority right to be repaid for all the collateral if the part of the debt that has expired has not been performed. After the creation of the security interest, the debtor has no right to request the reduction of the collateral if the collateral is ****; Conversely, the debtor has no obligation to provide supplementary security for the collateral.

In rem, subrogation generally refers to the security interest in the collateral in rem in exchange for compensation due to accidental damage or other reasons, and the guarantor still enjoys the security interest in the compensation in exchange for the collateral.

Civil Code of the People's Republic of China

Article 406 During the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall not be affected.

Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee of the source of the mortgage. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.

1. What is subrogation in rem?

Subrogation in rem, also known as ownership subrogation, refers to the total loss or presumed total loss of the subject matter of the insurance due to the occurrence of an insured accident, and the insurer has the ownership of the subject matter of the insurance after paying the insurance compensation in full, that is, subrogation obtains the rights and obligations of the damaged insurance object.

The right of subrogation in rem generally refers to the security interest in the security of a real right (such as mortgage, pledge) in which the collateral disappears due to accidental damage or other reasons in exchange for compensation (or other property such as transferee), and the guarantor still enjoys the security interest in the compensation (or other property such as transferee) in exchange for the collateral.

2. Conditions for subrogation and banquet in rem.

The acquisition of subrogation in rem is obtained by commission.

Certain conditions must be met for the establishment of the commission:

1. The commission must be submitted by the insured to the insurer.

2. The commission shall be in respect of the entire subject matter of the insurance.

3. There shall be no conditions attached to the commission.

4. The entrustment must be approved by the insurer.

3. The difference between subrogation in rem and subrogation.

1. The nature of the rights is different. The right of subrogation belongs to the statutory assignment of creditor's rights, while the right of subrogation belongs to the scope of debt preservation.

2. The content of the rights is different. The right of subrogation exercises the rights that belong to the creditor itself, while the right of subrogation exercises the rights that belong to the debtor.

3. The validity of rights is different. The effect of the exercise of the right of subrogation is directly attributable to the creditor, while the effect of the exercise of the right of subrogation is attributable to the debtor who is subrogated.

4. The reasons for the rights are different. The right of subrogation arises only from the contract of insurance, while the right of subrogation has no such restriction.

5. The conditions for exercising rights are different. The exercise of the right of subrogation is conditional on the loss within the scope of insurance liability and the liability of the third party, while the exercise of the right of subrogation is conditional on the debtor's negligence in exercising the right and endangering the interests of the creditor.

Article 390 of the Civil Code: During the guarantee period, if the secured property is damaged, lost or expropriated, the holder of the security interest may be compensated in priority for the insurance money, compensation or compensation obtained. Article 391:Where a third party provides a guarantee, and the creditor allows the debtor to transfer all or part of the debt without its written consent, the guarantor shall no longer bear the corresponding guarantee liability.

Subrogation in rem generally refers to the security right in the collateral in rem in exchange for compensation for the disappearance of the collateral due to accidental damage or other reasons, and the guarantor still enjoys the security interest in the compensation obtained in exchange for the collateral. Hall banquet min.

Legal basis] The first paragraph of the first paragraph of Article 191 of the Property Law stipulates: "During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, the mortgagee shall pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. "Xiangxin.