问答题
(a) explain the term subrogate right (right of subrogation); (3 marks)
【正确答案】In accordance with Article 73 of the Contract Law, the term subrogate right (right of subrogation) refers to such a right as authorised to a party (creditor) by the law to claim, in his own name, the creditor’s right against a third party to whom there is not direct contractual relations between them.
【答案解析】
问答题
(b) state the conditions to be met for a party to claim the right of subrogation in the course of performing a contract. (7 marks)
【正确答案】In accordance with Article 73 of the Contract Law, the following conditions shall be met if a party intends to exercise the right of subrogation against a third party:
(i) The party claiming subrogate right shall be the creditor under a contract.
(ii) The debtor is reluctant to exercise his creditor’s right against a third party, which causes harm to the creditor.
(iii) The debtor’s credit against the third party has been matured.
(iv) The party claiming the subrogate right shall file a law suit against the third party to exercise such right.
(v) The subrogate right shall be exercised within the scope of creditor’s credits towards his debtor.