Re-examination of the Protection Mechanism for Sub-debtors in Claims Enforcement
Sub-debtors do not have a unified legal status in the enforcement of claims,and the way of realizing claims and the stage of the enforcement of claims will affect the status of sub-debt-ors and the protection requirements for sub-debtors.In the seizure of the claim,the secondary debtor is an assisting executor; in the auction,sale and set-off realization,the secondary debtor is always an assisting executor; in the allocation of the realization,the secondary debtor's obligation to allocate is a kind of assisting the execution of the obligation,and if it fails to fulfill the obligation to allocate,it will become an executor;in the collection of the realization,the status of the secondary debtor before the confirmation of the claim is similar or equivalent to the defendant in the litigation,and after the confirmation of the claim,the secondary debtor is the executor.The substantive protection of the sub-debtor is based on respect for the nature and elements of the claim. The procedural protection of the sub-debtor should be organized separately on the basis of the sub-debtor's position in the proceedings.
Enforcement of ClaimsSubrogationSub-debtorCollection of Realization
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