ЗА ВСТЪПВАНЕТО В ПРАВАТА НА КРЕДИТОРА
ABOUT ENTERING INTO THE RIGHTS OF THE CREDITOR
Author(s): Tolik GenchevSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Entering; rights of the creditor; subrogation; right of recourse; legal interest; performance; historical development; Roman law; Canon law; partial subrogation; arbitration
Summary/Abstract: The article addresses various issues about entering into the rights of the creditor also known as subrogation. Conditions for subrogation to take effect are performance of another’s obligation by a third party, legal interest for the performance and right of recourse in respect of the third party. The current article traces back historical development of the institution of subrogation mainly throughout the Roman law and the Canon law until nowadays. It is made comparison between the Bulgarian and the French legislation on the matter. The article also examines case law of the Court of Justice of the European Union and the Supreme Court of Cassation of Bulgaria on subrogation and deals with the legal problems of partial subrogation and subrogation into arbitration agreement.
Journal: Правна мисъл
- Issue Year: LX/2019
- Issue No: 4
- Page Range: 21-44
- Page Count: 24
- Language: Bulgarian
- Content File-PDF