Sunday, April 2nd, 2023

What is subrogation interest?

The vehicle is unattachable until the change of the registry entry from the Special and Transitory Registry to the definitive one. As it is unattachable, it is excluded from the possibility that, in its respect, the subrogation action may be exercised by the prohibitive provision of the Civil Code.


It is a requirement for admissibility of the subrogation action, among others, that the creditor demonstrates that his debtor has been negligent in the exercise of his rights. A legitimate interest is then required, but this does not imply that the creditor can be chosen to prove the immediate utility that he would obtain from its exercise, it being enough that it tends to improve the patrimonial situation of his debtor, which must be assessed according to the circumstances. of the case. 


The –conventional– scheme of the oblique action is not reproduced, in which, parallel to the subrogated debtor, the third defendant appears, who is usually the debtor of the surrogate, since there is no third defendant since what is intended is the direct exercise of a registration authority that is incumbent on the debtor. 


The subrogation claim does not have the effect of benefiting the assets of the plaintiff, that is, of the surrogate person, but rather, on the contrary, it has the effect of benefiting the assets of the latter’s debtor, that is, of the surrogate person. (Vote for his own reasoning of Minister José Raúl Torres Kirmser)


The legal requirement is not only to provide the cause or sufficient reason but to show and demonstrate that same reason though formally correct reasoning, which respects the rules of logic.


What the plaintiff seeks strictly is the authorization to proceed with the registration procedures of the vehicle in question, which imposes the reclassification of the claim, since it does not present the elements that are typical of the subrogation action, since the plaintiff does not intend to replace the defendant with respect to a third party to enter an asset in its assets, but rather it wants to replace the debtor to regularize a pure registry situation related to an asset that is in the sphere of availability of the defendant. 


The debtor does not have a constituted right, against his creditor, to eternally maintain a roll of his property in a transitory state to protect himself in the unattainability to the detriment of this

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