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SUBROGATION

Volume 18 · 122 words · 1797 Edition

or SURROGATION, in the Civil Law, the act of substituting a person in the place, and intitling him to the rights, of another. In its general sense, subrogation implies a succession of any kind, whether of a person to a person, or of a person to a thing.

There are two kinds of subrogation: the one conventional, the other legal. Conventional subrogation is a contract whereby a creditor transfers his debt, with all appurtenances thereof, to the profit of a third person. Legal subrogation is that which the law makes in favour of a person who discharges an antecedent creditor; in which case there is a legal translation of all rights of the ancient creditor to the person of the new one.