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APPENDIX 2 523 permission of a business activity or whereby laws or administrative regulations prohibit a business activity. IV.Right of Subrogation Article 11 Where a creditor brings an action of subrogation under art.73 of 10.012 Contract Law,the following conditions shall be met: (1 the creditor's claim against the debtor is lawful, 21 the debtor neglects to exercise his claim that has matured,thereby causing damage to the creditor, (3)the debtor's claim has matured, (4)the debtor's claim is not strictly personal to the debtor. Article 12 Claims that are strictly personal to the debtor as mentioned in art. 10.013 73(1)of Contract Law refer to claims arising from the relationships of mainte- nance,child support,parent support and succession,claims for labour remunera- tion,retirement pension,annuity,pension for the survivors,relocation expenses, life insurance indemnity and damages for personal injury,and so forth. Article 13 The phrase "If the debtor neglects to exercise his claim that has 10.014 matured,thereby causing damage to the creditor"mentioned in art.73 of Con- tract Law means that the debtor fails to perform his obligation to the creditor that is due and also fails to assert through litigation or arbitration against his debtor his own claim which has matured and involves payment of money,thereby rendering the creditor's matured claim incapable of satisfaction. If the secondary debtor (namely,the debtor of the debtor)holds that the debtor has not neglected to exercise his matured claim,the secondary debtor shall bear the burden of proof. Article 14 Where a creditor brings an action of subrogation pursuant to art.73 of 10.015 Contract Law,jurisdiction is vested in the people's court of the place where the defendant has domicile. Article 15 If the creditor,after bringing an action against the debtor in a people's 10.016 court,brings an action of subrogation against the secondary debtor in the same people's court,the action shall be entertained so long as the provisions of art.13 of this Interpretation and the conditions for bringing a lawsuit provided for in art. 108 of the Civil Procedure Law of the People's Republic of China are complied with;if the provisions of art.13 of this Interpretation are not complied with,the creditor shall be told to bring a separate action in the people's court of the place where the secondary debtor has domicile. The people's court that entertains the action of subrogation shall suspend the proceedings in the action of subrogation pursuant to art.136(5)of the'Civil Procedure Law of the People's Republic of China until the judgment in the action brought by the creditor against the debtor becomes legally effective. Article 16 If the creditor brings an action of subrogation against the secondary 10.017 debtor without naming the debtor as a third party,the people's court may join the debtor as a third party
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