What Is a Subrogation?

The right to subrogation is also called the "subrogation right". The host government must guarantee foreign private investment in its territory. If a foreign investor's investment in a country suffers losses due to political reasons, the government of the investing country (usually through an overseas investment guarantee company or insurance company) will compensate it, and the government of the investing country will obtain a claim to the host government instead of the investor. Generally speaking, the right of subrogation includes the following: (1) The scope and conditions of the right of subrogation. If the insurer of the investing country pays compensation based on the investors in the coverage, the host government should recognize any currency, claims, assets or investments transferred to the insurer as a result of the above payments, and acknowledge any rights inherited by the insurer, The investor shall be bound by the remaining legal obligations of the investor. (2) Limits and restrictions on the right of subrogation. The first is that the limit of the right to subrogation cannot exceed the rights enjoyed by the original investor, and the second is an arrangement that prohibits or restricts the insurer's subrogation of property benefits in accordance with the laws of the host country. (3) Transfer of funds. The amount of fiat currency obtained by the insurer according to its insurance coverage shall not be less than the treatment and use of the funds by the host government in the hands of the original investor. ^[1]

Subrogation

The right to subrogation is also called the "subrogation right". The host government must guarantee foreign private investment in its territory. If a foreign investor's investment in a country suffers losses due to political reasons, the government of the investing country (usually through an overseas investment guarantee company or insurance company) will compensate it, and the government of the investing country will obtain a claim to the host government instead of the investor. Generally speaking, the right of subrogation includes the following: (1) The scope and conditions of the right of subrogation. If the insurer of the investing country pays compensation based on the investors in the insurance coverage, the host government shall recognize any currency, claims, assets or investments transferred to the insurer as a result of the above payments, and acknowledge any rights inherited by the insurer, and The investor shall be bound by the remaining legal obligations of the investor. (2) Limits and restrictions on the right of subrogation. The first is that the limit of the right to subrogation cannot exceed the rights enjoyed by the original investor, and the second is an arrangement that prohibits or restricts the insurer's subrogation of property benefits in accordance with the laws of the host country. (3) Transfer of funds. The amount of legal currency obtained by the insurer according to its insurance coverage shall not be lower than that of the original investor in the use and conversion of the host government. ^[1]

A. Subrogation is the debtor's debtor (ie

1. The creditor's claim to the debtor is lawful and certain, and it must have reached the liquidation period.

1.Exercising subject

The subject of the creditor's subrogation right is the creditor himself, and the creditor exercises it in his own name on behalf of the debtor. After a creditor has exercised the right of subrogation, other creditors may not exercise the right of subrogation again for the same right. But two or more

First: effect on the creditor himself

Effect on creditors themselves "

The Interpretation of the Supreme People's Court on Several Issues concerning the Application of the "Contract Law of the People's Republic of China (I)" adopted on December 1, 1999 further stipulated a series of issues such as the prerequisites, scope, and litigation of subrogation. .

Specific regulations

(1) The concept and function of the creditor's subrogation right The creditor's subrogation right refers to the debtor's neglect to exercise the due creditor's right against a third party and endanger the realization of the creditor's creditor's right. The right of three people to exercise their rights. The function of the creditor's subrogation right is mainly to preserve the creditor's rights and make up for the deficiencies of the enforcement law.

(2) The first requirement for the establishment of the creditor's subrogation right is that the debtor must enjoy the right to maturity of the third party. If the debtor does not have the right to others or the rights that existed have been exercised, the creditor loses the right to subrogation and cannot exercise the right to subrogation. The rights of a debtor that can be exercised by a creditor under subrogation are restricted by law. Article 73 (1) of the Contract Law clearly limits the subject of the creditor's subrogation right to the claim and must be a claim due. Scholars believe that this provision of the Contract Law is inconsistent with the legislative purpose of the creditor's subrogation system, and the subrogation right is exercised.

Subrogation

(3) Creditor's Subrogation The creditor's subrogation system was first established by the French Civil Code in legislation. Article 73 of China's Contract Law stipulates: "If the debtor is unnecessarily exercising its due creditor's rights and causes damage to the creditor, he can request the people's court to exercise the debtor's creditor's right in his own name, but the creditor's right is exclusive to the debtor himself The scope of exercise of the right of subrogation is limited to the creditor's claims. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor. " A series of issues such as the prerequisites and scope of the subrogation exercise and subrogation lawsuits were further specified.