legal subrogation

legal subrogation

Subrogation that arises by operation of law or by implication in equity to prevent fraud or injustice.

? Legal subrogation usu. arises when (1) the paying party has a liability, claim, or fiduciary relationship with the debtor, (2) the party pays to fulfill a legal duty or because of public policy, (3) the paying party is a secondary debtor, (4) the paying party is a surety, or (5) the party pays to protect its own rights or property.

¡ª Also termed equitable subrogation. [Cases: Subrogation 1¨C25. C.J.S. Subrogation ¡ì¡ì 2¨C16, 18¨C19, 23¨C63, 68¨C76, 83¨C86, 88¨C91.]


How do Chinese lawyers translate the term legal subrogation?
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