Die persönliche Surrogation

Personal subrogation can be found in all the large European legal systems, but its systematic integration into the civil law of Germany, England and Spain differs considerably. Jeronimo Hawellek analyzes this remedy in all three countries and shows that in spite of systematic differences the legal consequences remain similar, with the exception of the British simple subrogation, which is a kind of representative action. The author studies the priorities in decisions regarding points of substance, showing that these are the protection of the debtor and the goal of enforcing the subsidiarity of subordinate claims.