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根据债的相对性,债的效力仅及于债的双方当事人,对第三人不具有约束力。但当债务人对第三人享有到期债权时,债务人应当及时行使,如果债务人客观上能够行使而怠于行使,从而危害债权人债权实现时,法律则允许债权人以自己的名义代债务人之位行使其对第三人的到期债权,以保护债权人利益的实现,这就是我国《合同法》第73条规定的债权人代位权制度。该制度突破了债的相对性,着眼于对债权人利益的保护,如果债权人提起的代位权诉讼成立,那么则由第三人直接向债权人履行清偿义务,我国并没有采纳传统的“入库规则”。
According to the relative nature of the debt, the effectiveness of the debt only to the parties to the debt, the third person is not binding. However, when the debtor has the debts due to the third party, the debtor shall exercise the debts promptly. If the debtor can exercise his objective obstruction and thereby endanger the realization of creditor’s rights, the law allows creditors to exercise debtor’s behalf in their own name The expiration of claims on the third party so as to protect the interests of the creditors is the system of subrogation of creditors stipulated in Article 73 of the Contract Law of our country. The system breaks through the relativity of debts and focuses on the protection of the interests of creditors. If the suit of subrogation initiated by the creditors is established, then the third party will perform the repayment obligations directly to creditors, and our country has not adopted the traditional “storage rules” .