Wstąpienie w prawa zaspokojonego wierzyciela

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Wydział Prawa i Administracji UAM

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Entering in the rights of the satisfied creditor


A third person, who pays off a creditor, acquires the paid-off claim up to the amount of the given payment (art. 518 § 1 of the civil code). It is the case of a statutory subrogation which covers a wide range of various situations. It is aimed to strengthen a position of the person paying off a creditor. At the outset the author analyses a question of separating the statutory subrogation from allied institutions. He is advocating for a position according to which we are dealing here with a recourse claim (in a wide sense). The statutory subrogation is therefore a specific type of claim. Next, particular instances of the statutory subrogation are analyzed by the author. His remarks are started with a discussion of a guarantors claim who satisfied a creditor. He represents the opinion that in this case the guarantor fulfils his own obligation and at the same time he pays another's debt for which he is liable personally. This position implies a solution of secondary questions related to the guarantor's recourse. If the guarantors are few, the provisions of joint and several debt are to be applied to their mutual relations in case of paying off a credit by one of them.In turn the author presents those instances where a third person is liable for a paid-off debt with certain material objects. A pledge and a real estate mortgage come into consideration. The author represents the opinion that a construction of the so called real obligation has to be adopted in this type of real securities. It implies that a pledger or an owner of mortgaged estate are real debtors bearing a limited liability to the creditor. The author also dwells on complex problems related to paying off a secured debt (in the light of the new act of 1982). A conclusion is reached that a mortgage expires when a creditor is redeemed by the owner of the estate. Next questions deal with paying off a claim which has a priority in settlement. Its practical effect is presently unimportant. A case of paying off a creditor by a third person with the consent of a debtor is eased in the present laws. It is the instance of the so called conversion. The payment is in a way imposed upon a creditor who cannot refuse acceptance of a performance which is already enforceable. In the final remarks the author dwells on premises of a recourse claim of an insurance institution vs. an injurer. It is the instance of property and not of personal insurance. In the result of subrogation the legal position of a debtor cannot be deteriorated and is entitled to all defences he had against the creditor



Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016



Ruch Prawniczy, Ekonomiczny i Socjologiczny 45, 1983, z. 3, s. 1-16



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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego