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一、中国《物权法》有关物上代位的立法与适用(一)物上代位的概念与性质代位在近代民法中包括物的代位与人的代位。人的代位即权利主体的替代;而物的代位则为权利客体的替代,即以特定物价值的转化物替代原物而作为原物所附权利的载体。物的代位在现代民法中的运用受到一定的限制。物上代位性是指担保物权的效力及于担保财产因毁损、灭失所得的赔偿金等代位物上。这是担保物权的重要特征之一。由于担保物权人设立担保物权并不以占有和利用担保财产为目的,而是以支配担保财产的交换价值为目的,所以,即使担保财产本身已经毁损、灭失,只要该担保财产交换价
First, China’s “Property Law” on the Substitution of the legislation and application of (A) the concept and nature of Subrogation Subrogation in modern civil law, including the subrogation of goods and people’s subrogation. The subrogation of man is the substitute of the main body of rights, while the subrogation of things is the substitute of the object of right, that is to say, the original material is replaced by the transformant with specific value of value as the carrier of the rights attached to the original. Subrogation of material in modern civil law is subject to certain restrictions. Subrogation refers to the effectiveness of the security interest and the replacement of the property on behalf of the property due to damage, loss of compensation. This is one of the important features of security interest. Since the security right owner sets up the security right not for the purpose of possession and utilization of the security property but for the purpose of controlling the exchange value of the security property, even if the security property itself has been damaged or lost, as long as the security exchange price