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subrogation    
n. 代位,代位偿清,更替

代位,代位偿清,更替

subrogation
n 1: (law) the act of substituting of one creditor for another

Subrogation \Sub`ro*ga"tion\, n. [Cf. F. subrogation, LL.
subrogatio.]
The act of subrogating. Specifically: (Law) The substitution
of one person in the place of another as a creditor, the new
creditor succeeding to the rights of the former; the mode by
which a third person who pays a creditor succeeds to his
rights against the debtor. --Bouvier. Burrill. Abbott.
[1913 Webster]

SUBROGATION, civil law, contracts. The act of putting by a transfer, a
person in the place of another, or a thing in the place of another thing. It
is the substitution (q.v.) of a new for an old creditor, and the succession
to his rights, which is called subrogation; transfusio unius creditoris in
alium. It is precisely the reverse of delegation. (q.v.)
2. There are three kinds of subrogation: 1. That made by the owner of a
thing of his own free will; example, when be voluntarily assigns it. 2. That
which arises in consequence of the law, even without the consent of the
owner; example, when a man pays a debt which could not be properly called
his own, but which nevertheless it was his interest to pay, or which he
might have been compelled to pay for another, the law subrogates him to all
the rights of the creditor. Vide 2 Binn. Rep. 382; White's L. C. in Eq.* 60-
72. 3. That which arises by the act of law joined to the act of the debtor;
as, when the debtor borrows money expressly to pay off his debt, and with
the intention of substituting the lender in the place of the old creditor. 7
Toull. liv. 3, t. 3, c. 5, sect. 1, Sec. 2. Vide Civ. Code of Louisiana,
art. 2155 to 2158; Merl. Repert. h.t.; Dig. lib. 20; Code, lib. 8, t. 18 et
19 9 Watts. R. 451; 6 Watts & Serg. 190; 2 Bouv. Inst. n. 1413.


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  • Understanding Subrogation in Insurance: Importance How It Works
    What Is Subrogation? Subrogation describes the right of an insurer to seek damages from a third party that caused a loss
  • Subrogation - Wikipedia
    In English law the term 'subrogation' denotes a process by which one party is deemed to have been substituted for another, so that he can acquire and enforce the other's rights against a third party for his own benefit
  • What Is a Subrogation Claim and How Do I Fight It?
    Subrogation is rooted in common law and statutory provisions, enabling insurers to recoup expenses from third parties responsible for causing losses This principle, often embedded in insurance contracts, prevents unjust enrichment by ensuring the responsible party bears the financial burden
  • Subrogation - Definition, Examples, Cases, Processes
    Subrogation defined and explained with examples The substitution of one person into another's place in regards to a legal right, demand, or claim
  • What Is Subrogation in Insurance? | Progressive
    What is subrogation? "Subrogation," or "subro" for short, refers to the right your insurance company holds under your policy — after they've paid a covered claim — to request reimbursement from the at-fault party
  • subrogation | Legal Information Institute
    Subrogation is the process where one party assumes the legal rights of another, typically by substituting one creditor for another Subrogation can also occur when one party takes over another's right to sue
  • Insurance Subrogation 101: What is a Subrogation Claim?
    Subrogation is not a well-known legal realm; many people outside of the insurance industry may never have even encountered the word “subrogation” But subrogation actually plays an integral role not just within the insurance industry, but in everyday life
  • Guide To Understanding Subrogration | Subrogation Explained
    Subrogation can be a complicated topic for many Learn more about what subrogation is and how it can impact you with this helpful guide
  • Rights of subrogation: Overview, definition, and example
    Rights of subrogation refer to the legal ability of one party—usually an insurer, lender, or guarantor—to step into the shoes of another party to recover losses from a third party responsible for the damages
  • What Is Subrogation in Insurance and How Does It Work?
    Subrogation allows an insurer to step into the shoes of its policyholder to recover costs from a third party responsible for a loss This right is established through common law, contracts, and statutory provisions, depending on the insurance policy and jurisdiction





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