请法律英语达人帮忙翻译!!不要翻译软件的!!急急急!!!翻译好的还可以追加100分!!谢谢!!
The author relatively advocates this viewpoint compared with the other two points of view, with reasons as follows:
1, “代位求偿”and“清偿代位”can be translated into English as “subrogation” ,originated from Latin “subrogare”, which originally means“使一人处于另一人的位置上”(to put one person in the place of another). It illustrates that the two words has the same origination.
2, Although the subrogation of insurers are not stipulated as one form of subrogation in Civil Law country, but the laws of most countries or districts have general stipulations. For example, article 312 of Taiwan civil law stipulates, “third party who has interests in the fulfillment of a debt shall have the right of subrogation after he discharged the debt. Theoretically subrogation can be attributable to this kind. [ 史尚宽.债法总论.北京:中国政法大学出版社,2000. 805]
3,The requirements of exercising subrogation right and those of exercising insurance subrogation right are substantially the same, for example, the former require the subrogor actually discharge the debt, the later require the insurer actually pay the insurance beneficiary; Both of the obligees can only exercise the right of subrogate within the scope of claim of the subrogee; both of the debtors can revoke the defences against the subrogee.
4, This viewpoint reveal the essence of subrogation and reasonably explained the theoretical basis of subrogation, It unraveled the civil law basis of the right of subrogation in marine insurance more precisely.
确实很难翻译,有几个地方不知道该如何翻译,也不能确保正确啊,请楼主斟酌采纳。