On the Object of Creditor’s Litigation with Subrogation

The 73rd item of Contract Law and the relevant judicial interpretation have established the system of creditor’s litigation with subrogation, which requires that the subrogation should be performed through litigation. And the new litigation form, the one with subrogation, was born. For the reason the system has abandoned the traditional relevant principle, this brings about the new difficulty in the study of the object of creditor’s litigation with subrogation. It is more in accordance with the basic principle of the subject and procedure of civil law to define such object as the legal relation between creditor and debtor. As to the judgment of such relation, the court can give it a good solution with the introduction of some new theory. Meanwhile, it should be guaranteed with the perfect informative system of the litigation.