Subrogation means that the creditor transfers his creditor's rights to a third party, and the third party will recover them on his behalf. Whether the right of subrogation has a time limit depends on the legal provisions of different countries and regions. In China, both the Contract Law of People's Republic of China (PRC) and the Civil Procedure Law of People's Republic of China (PRC) have provisions on subrogation. Generally speaking, there is no specific time limit for subrogation in China's laws, but we should pay attention to relevant legal provisions, such as the effectiveness of creditor's rights transfer and the legitimacy of subrogation. The legal requirements of subrogation mainly include the following aspects:
Legality of creditor's rights transfer: the premise of subrogation is that the creditor transfers its creditor's rights to a third party, so the legality of creditor's rights transfer is the first condition of subrogation. According to the contract law of our country, the debtor shall be informed of the transfer of creditor's rights and shall not violate the legal provisions or contractual stipulations.
Legality of recovery on behalf of the creditor: under the premise that the transfer of creditor's rights is legal, a third party can recover on behalf of the creditor, but it must comply with relevant laws and regulations. According to the provisions of China's Civil Procedure Law, the plaintiff who claims for compensation on his behalf should submit the Power of Attorney for Litigation, which should meet the prescribed format and content requirements.
The debtor's delay in exercising its due creditor's rights: the purpose of subrogation is to prevent the debtor from delaying the exercise of its due creditor's rights, resulting in damage to the interests of creditors. Therefore, the debtor's delay in exercising due creditor's rights is one of the important conditions of subrogation.
If the debtor's delay in exercising his rights does not cause damage to the creditor, the creditor has no right to bring a suit of subrogation. According to the contract law of our country, if the debtor's delay in exercising the due creditor's rights causes damage to the creditor, the creditor may request the people's court to exercise the debtor's creditor's rights in his own name.
To sum up, there is no specific time limit for the right of subrogation, but the relevant laws and regulations should be observed when subrogation is carried out to ensure the legality of the transfer of creditor's rights and the recovery on behalf of others.
Legal basis:
Article 79 of the Contract Law of People's Republic of China (PRC): A creditor may assign all or part of his contractual rights to a third party, except in one of the following circumstances: (1) It may not assign according to the nature of the contract; (two) according to the agreement of the parties shall not be transferred; (3) It shall not be transferred according to law.
Article 154 of the Civil Procedure Law of People's Republic of China (PRC): If the plaintiff represents the lawsuit, he shall submit a power of attorney. The power of attorney shall specify the agent's name, agency matters, authority and time limit, and shall be signed or sealed by the principal. If the plaintiff representing the lawsuit fails to submit the power of attorney or the power of attorney does not meet the requirements, the people's court shall not accept it.