legal subrogation

Subrogation that arises by operation of law or by implication in equity to prevent fraud or injustice.

• Legal subrogation usu. arises when (1) the paying party has a liability, claim, or fiduciary relationship with the debtor, (2) the party pays to fulfill a legal duty or because of public policy, (3) the paying party is a secondary debtor, (4) the paying party is a surety, or (5) the party pays to protect its own rights or property.

— Also termed equitable subrogation. [Cases: Subrogation 1–25. C.J.S. Subrogation §§ 2–16, 18–19, 23–63, 68–76, 83–86, 88–91.]

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词条贡献者

译者Mathew，国际知名法学院国际仲裁与争端解决专业，擅长翻译各种与美国国内仲裁相关的法律文件。