摘要
《合同法》及最高法院《关于适用合同法的解释》中关于代位权所涉及的实体问题及诉讼程序问题的规定不是非常明确 ,《解释》的表述与传统理论又有一定矛盾 ,这些都可能对当事人行使代位权产生一定影响。
Both in Contract Law and in Explanation of a Number of Problems in the Application of Contract of the Supreme People's Court, there are not very clear stipulations of right of representation's regarding entity and its lawsuit procedure. There is even contradiction between the stipulations in the Explanation and the traditional theories, which is likely to affect litigant's exercising his rights. Therefore, it's necessary to expound problems from the two aspects of entity and procedure, and its application process.
出处
《五邑大学学报（社会科学版）》
2002年第2期57-60,共4页
Journal of Wuyi University(Social Sciences Edition)
关键词
合同法
代位权
实体问题
程序问题
Contract Law
right of representation
the problem of entity
the problem of procedure.
