Subrogation

3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Subrogation \Sub`ro*ga"tion\, n. [Cf. F. subrogation, LL.
     subrogatio.]
     The act of subrogating. Specifically: (Law) The substitution
     of one person in the place of another as a creditor, the new
     creditor succeeding to the rights of the former; the mode by
     which a third person who pays a creditor succeeds to his


     rights against the debtor. --Bouvier. Burrill. Abbott.
     [1913 Webster]

From WordNet (r) 2.0 [wn]:

  subrogation
       n : (law) the act of substituting of one creditor for another

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  SUBROGATION, civil law, contracts. The act of putting by a transfer, a 
  person in the place of another, or a thing in the place of another thing. It 
  is the substitution (q.v.) of a new for an old creditor, and the succession 
  to his rights, which is called subrogation; transfusio unius creditoris in 
  alium. It is precisely the reverse of delegation. (q.v.) 
       2. There are three kinds of subrogation: 1. That made by the owner of a 
  thing of his own free will; example, when be voluntarily assigns it. 2. That 
  which arises in consequence of the law, even without the consent of the 
  owner; example, when a man pays a debt which could not be properly called 
  his own, but which nevertheless it was his interest to pay, or which he 
  might have been compelled to pay for another, the law subrogates him to all 
  the rights of the creditor. Vide 2 Binn. Rep. 382; White's L. C. in Eq.* 60-
  72. 3. That which arises by the act of law joined to the act of the debtor; 
  as, when the debtor borrows money expressly to pay off his debt, and with 
  the intention of substituting the lender in the place of the old creditor. 7 
  Toull. liv. 3, t. 3, c. 5, sect. 1, Sec. 2. Vide Civ. Code of Louisiana, 
  art. 2155 to 2158; Merl. Repert. h.t.; Dig. lib. 20; Code, lib. 8, t. 18 et 
  19 9 Watts. R. 451; 6 Watts & Serg. 190; 2 Bouv. Inst. n. 1413.