债权人代位权成立要件研究

On the Research of Important Condition of Establishment of Creditor's Action Oblique

债权人代位权的成立要件是其适用的前提。代位权的成立要件包括债之关系存在、债务人限于迟延、债务人怠于行使权利、债权人有保全债权的必要等四个方面。

Creditor＇s action oblique takes its important condition of establishment as prerequisite. The important condition of establishment includes such four aspects： existence of debt; debtor＇s delay; debtor＇ s laziness for his rights; the necessity for creditor＇ s rights to be preserved.