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我国《合同法》第73条规定了代位权制度,《最高人民法院关于适用<中华人民共和国合同法>若干问题的解释(一)》对于这一制度做出了更加具体的规定。债权人的代位权诉讼,要求比普通的民事诉讼严格很多,除了具备一般的起诉条件,还要具备其自身的特殊条件,因为其突破了传统民法理论中的债权的相对性,当事人和当事人之间法律关系也较为复杂。对于代位权的适用,存在“优先受偿规则”与“入库规则”之争。
Article 73 of China’s Contract Law stipulates the system of subrogation and the Supreme People’s Court has made more specific provisions on this system through the interpretation of a number of issues concerning the application of the Contract Law of the People’s Republic of China (I). The claims of subrogation of creditors are much stricter than those of ordinary civil litigations. Apart from having common conditions of prosecution, they also have their own special conditions because they break the relativity of the claims in the traditional civil law theory, and between the parties and the parties Legal relationship is also more complicated. For the application of subrogation, there is a dispute between “priority reimbursement rules” and “storage rules”.