Regarding the exercise of subrogation, what are the requirements for exercising subrogation?

There are many types of subrogation, and I think you're talking about subrogation of creditor's rights.

The right of subrogation of creditor's rights refers to the right of creditor (a) to exercise the rights belonging to debtor (b) in his own name in order to preserve his own creditor's rights when the debtor (b) neglects to exercise its due creditor's rights against a third party (c) and the creditor's (a) claims are realized.

The conditions for exercising the right of subrogation of claims are:

1 Debtor B has a legitimate claim. For example, gambling debts and other illegal debts cannot be exercised.

2 Debtor B is negligent in exercising its due claim against third party C.

3 Debtor B's debt to Creditor A is due and unpaid.

4 Creditor ahas the need for preservation. It means that there is danger if the right not to exercise subrogation a.

In addition, the right of subrogation cannot be applied to the creditor's rights exclusive to the debtor, which means that there is a personal relationship with the debtor, such as labor remuneration, resettlement expenses, personal compensation expenses, retirement pensions, etc.

In addition, debtor B cannot waive its rights against third party C at will, unless it does not affect A's claim.

Legal analysis: requirements for exercising subrogation: 1. The creditor's claim against the debtor is legitimate; 2. The debtor neglects to exercise its due creditor's rights, causing damage to the creditor; 3. The debtor's creditor's rights are due; 4. The debtor's claim is not exclusive to the debtor's own claim.

Legal basis: According to Article 535 of the Civil Code of the People's Republic of China, if the debtor neglects to exercise its creditor's rights or subordinate rights related to the creditor's rights, which affects the realization of the creditor's due creditor's rights, the creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, except that the rights are exclusive to the debtor itself.

The scope of the exercise of the right of subrogation is limited to the creditor's due claims. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor. The counterparty's defense against the debtor may be asserted against the creditor.

Legal Analysis: The scope of exercise of subrogation is limited to the due claims enjoyed by the creditor against the debtor.

The creditor may, in accordance with the law, request the court to subrogate the debtor's rights against the counterparty in its own name, but it shall not exceed the limit of its creditor's rights, in order to protect its own rights and interests. At the same time, the conditions for the exercise of the right of subrogation shall meet the following:

1) The creditor's claim against the debtor is legal and certain, and the repayment period must have expired.

2) The debtor is negligent in exercising its due creditor's rights.

3) The debtor's negligence in exercising its rights has caused damage to the creditor.

4) The debtor's claim is not exclusive to the debtor's own claim. The debtor's rights against a third party are the subject of the creditor's right of subrogation. The creditor's right of subrogation is a right involving the rights of a third party, and if the debtor's rights are not related to the third party, it shall not be the object of the creditor's subrogation.

Legal basis: Article 535 of the Civil Code of the People's Republic of China Where the debtor's negligence in exercising its creditor's rights or subordinate rights related to the creditor's rights affects the realization of the creditor's due creditor's rights, the creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, except that the rights are exclusive to the debtor itself. The scope of the exercise of the right of subrogation is limited to the creditor's due claims.

The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor. The counterparty's defense against the debtor may be asserted against the creditor.

The exercise of the right of subrogation is limited to the creditor's due claims.

According to Article 535 of the Civil Code, if the debtor neglects to exercise its creditor's rights or the subordinate rights of the bearer in relation to the creditor's rights, which affects the realization of the creditor's due creditor's rights, the creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, except for the debtor's own hermits.

The scope of the exercise of the right of subrogation is limited to the creditor's due claims. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor.

The counterparty's defense against the debtor may be asserted against the creditor.

Article 535 of the Civil Code of the People's Republic of China: If the debtor neglects to exercise its creditor's rights or subordinate rights related to the creditor's rights, which affects the realization of the creditor's due creditor's rights, the creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, except that the rights are exclusive to the debtor itself. The scope of the exercise of the right of subrogation is limited to the creditor's due claims.

The debtor shall bear the necessary costs of carrying the creditor to exercise the right of subrogation. The counterparty's defense against the debtor may be asserted against the creditor. The rights that can be subrogated must be rights that are not exclusive to the debtor itself, and the following four rights are exclusive to the debtor and cannot be subrogated by creditors

1. Non-property rights. For example, the right of guardianship, the right to annul marriage, the right to request divorce, the right to claim and deny illegitimate children, and the right to deny the right of reclusion of legitimate children. Although the exercise of these rights will indirectly affect the debtor's liability property, the exercise of these rights depends entirely on the will of the obligee himself, and others cannot subrogate them.

2. The property right is mainly to protect the intangible interests of the right holder. For example, the right to recognize or abandon inheritance or bequest, the right to claim maintenance, and the right to claim damages arising from the infringement of life, health, reputation, freedom, etc., although these rights are rights arising from property interests, whether they are exercised or not, and the scope of their exercise, that is, how to make them concrete, should be determined by the subjective judgment of the right holder himself, and others may not subrogate them. 3. Rights that may not be assigned.

It mainly refers to those claims that arise based on personal trust relationships, claims based on specific identity relationships, and claims that are not acted upon. The establishment and existence of these rights are closely related to the person of the right holder, and therefore cannot be subrogated by others. 4. The right not to be seized.

For example, pensions, benefits, pensions, etc.

Article 535 of the Civil Code of the People's Republic of China Where the debtor's negligence in exercising its creditor's rights or subordinate rights related to the creditor's rights affects the realization of the creditor's due creditor's rights, the creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, except that such rights are exclusive to the debtor itself. The scope of the exercise of the right of subrogation is limited to the creditor's due claims. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor.

The counterparty's defense against the debtor may be asserted against the creditor.

If the exercise of the right of subrogation is still insufficient, after the creditor's right is due, it may claim repayment of the creditor's rights from the debtor, and if the debtor refuses to pay off, the creditor may file a lawsuit with the court to request the debtor to perform the debt or apply to the court for a payment order.

[The law is based on socks].Article 214 of the Civil Code for the Reform of the Code.

If the creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order:

1) The creditor and the debtor have no other debt disputes;

2) The payment order can be served on the debtor.

The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.

1. The debtor is delayed in performance.

2. The debtor's creditor's rights have matured.

3. There is a legal and effective contractual relationship between the creditor and the debtor.

4. The debtor is negligent in exercising its due creditor's rights.

5. It is necessary for the creditor to preserve the creditor's rights.

If the debtor is already in a state of delay in performance, but does not actively exercise its claim against a third party, and it is objectively unable to repay its debts, the creditor's claim is already in danger of not being realized, and the creditor should be allowed to exercise the right of subrogation.

The debtor's claim has matured, and the right of subrogation takes the debtor's rights against a third party as the object, so the reason why the subrogation right can arise is because the debtor has a realizable right to the third party. Therefore, this requires that not only the debtor has a claim against a third party, but also must be a due claim, otherwise, the so-called subrogation cannot be talked about. For example, A is a creditor of B and his claim matures in 2009, while B is a creditor of C whose claim matures in 2010.

If B is unable to repay A's claim when due, then A cannot directly exercise subrogation against C even if B has a claim against C, because B's claim against C is not due.

The existence of a legal and effective contractual relationship between the creditor and the debtor is the premise and basis for the creditor to exercise the right of subrogation. If the contract between the creditor and the debtor is not established, is confirmed to be invalid or revoked, etc., the creditor cannot exercise the right of subrogation. In the above case, the premise for A to be able to claim subrogation against C is that A has a legal and valid claim against B, otherwise, A cannot claim subrogation.

The debtor's negligence in exercising its due creditor's rights refers to the failure to exercise its rights when it should and can be exercised. The manifestation of negligence in exercising is mainly the failure to assert the right at all or delay in exercising the right after the expiration of the time limit of the creditor's right. If the debtor has already filed a claim with a third party or has filed an action in court, it cannot be considered to have neglected to exercise its rights.

In economic exchanges, some people who lack good faith often resort to various reasons and adopt various means to evade debts after they have debts to the outside world, and one of the important means of evading debts is to let go of their debts to third parties in order to reduce their own liability and property, and deliberately reduce their ability to perform. From a practical point of view, most of these third parties are inextricably linked with the debtor, such as relatives and friends, and it is with the help of this relationship that they can temporarily transfer property to escape debts. In such a case, if it can be proved that the debtor has neglected to exercise its rights, then the right of subrogation can be exercised against the debtor of the debtor.