What does recourse mean?

The legal nature of recourse is the right of claim. 1. The first meaning of "claim" refers to the requirement of getting a certain reward. Others can ask for this kind of reward, but whether the other party can get the reward they want is another matter. The right of claim in civil litigation is mostly based on this understanding. 2. The right of claim is defined as "the right to ask others to do or not to do something". This right of claim is based on the existence of the right of claim based on substantive law. On the other hand, the right of claim does not have to be put forward (through litigation or other means). The existence of the right of claim is not affected by whether someone puts forward the right of claim or whether the creditor knows its right of claim. Including claims for creditor's rights and claims for real rights. All kinds of recourse rights stipulated in the civil code belong to the right of claim for creditor's rights. The right of recourse is subject to the statute of limitations system.

Second, the various recourse methods stipulated in the Civil Code.

Article 62

Legal representative's duty tort liability If the legal representative causes damage to others when performing his duties, the legal person shall bear civil liability.

After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person.

Article 178

Where two or more persons are jointly and severally liable according to law, the creditor has the right to request some or all of the jointly and severally liable persons to bear the liability.

The share of responsibility of the jointly and severally liable persons shall be determined according to their respective responsibilities; It is difficult to determine the size of the responsibility and share the responsibility equally. The jointly and severally liable persons who actually assume the liability exceeding their share have the right to recover from other jointly and severally liable persons.

Joint liability is stipulated by law or agreed by the parties.

Article 222

Compensation for wrong registration of real estate If a party provides false materials to apply for registration and causes damage to others, it shall be liable for compensation.

If the registration error causes damage to others, the registration institution shall be liable for compensation. After compensation, the registration institution may claim compensation from the person who caused the registration error.

Article 307

* * External and internal effects of creditor's rights and debts arising from the same property. As for the creditor's rights and debts arising from all real estate or chattels of * * *, in foreign relations, the * * * person enjoys joint creditor's rights and undertakes joint debts, unless otherwise provided by law or a third party knows that there are no joint creditor's rights and debts of * * * *; In the internal relations of * * *, unless otherwise agreed by * * *, some people enjoy the creditor's rights and bear the debts with their shares, while others enjoy the creditor's rights and bear the debts with * * * *. The owner who has paid off more than his share of debts has the right to recover from other owners.

Article 3 12

The owner or other obligee who has obtained the lost property in good faith has the right to recover the lost property. If the lost property is occupied by others through transfer, the obligee has the right to claim damages from the person who has no right to dispose of it or request the transferee to return the original property within two years from the date when he knows or should know the transferee; However, if the transferee buys the lost property by auction or from a qualified operator, the obligee shall pay the expenses paid by the transferee when requesting the return of the original property. After paying the fee to the transferee, the creditor has the right to recover from the unauthorized person.

Article 392

Rules for the realization of security right when PICC and property insurance coexist. If the secured creditor's right is secured by both property and others, if the debtor fails to perform the due debt or the parties agree to realize the security right, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is unclear, and the debtor provides the security of the property himself, the creditor shall give priority to the realization of the creditor's right with respect to the security of the property; Where a third party provides a property guarantee, the creditor may realize the creditor's right with respect to the property guarantee, or may require the guarantor to assume the guarantee responsibility. The third party providing the guarantee shall have the right to recover from the debtor after assuming the guarantee responsibility.

Article 5 19

If it is difficult to determine the share and recourse of the joint debtor, it shall be regarded as the same share.

A joint debtor who actually undertakes more debts than his share has the right to recover the excess from other joint debtors within the scope of unfulfilled share, and shall enjoy the rights of creditors accordingly, but shall not harm the interests of creditors. Other joint debtors' defenses against creditors may claim against the debtors.

If the recovered joint debtor fails to perform its share, it shall be shared by other joint debtors in proportion within the corresponding scope.

Article 520

If the joint and several debts involve other effects, the debtors shall jointly perform, offset or deposit the subject matter, and the debts of other debtors to creditors shall be eliminated within the corresponding scope; The debtor may claim compensation from other debtors in accordance with the provisions of the preceding article.

Where the debts of some joint debtors are exempted by the creditors, the debts of other debtors to the creditors shall be eliminated within the share of joint debtors.

If the debts and creditor's rights of some joint debtors belong to one person, the creditor's rights against other debtors will continue to exist after deducting the debtor's share.

Where the creditor's payment to some joint debtors is delayed, it shall be effective to other joint debtors.

Recourse of the guarantor. After assuming the guarantee responsibility, the guarantor has the right to recover from the debtor within the scope of his guarantee responsibility and enjoy the creditor's right to the debtor, but it shall not harm the interests of the creditor.

Chapter seven hundred and nineteen

Sub-lessee's subrogation If the lessee defaults on the rent, the sub-lessee may pay the rent and liquidated damages owed on behalf of the lessee, except that the sub-lease contract is not legally binding on the lessor.

The rent and liquidated damages paid by the sublessor can offset the rent that the sublessor should pay to the lessee; If it exceeds the amount of rent payable, it may claim compensation from the lessee.

Article 973

Joint liability and recourse of partners Partners shall be jointly and severally liable for the debts of the partnership. A partner who pays off more than his share of debts has the right to recover from other partners.

Article 1 19 1

The responsibility of the employer and the responsibility of the labor dispatching unit and the labor employing unit. If the staff of the employing unit causes damage to others due to the execution of work tasks, the employing unit shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.

During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities.

Article 1 192

In individual labor relations, labor relations are formed between individuals with tort liability. If the party providing labor services causes damage to others due to labor services, the party receiving labor services shall bear tort liability. After assuming the tort liability, the party receiving the labor service may claim compensation from the party providing the labor service with intentional or gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding responsibilities according to the respective faults of both parties.

During the period of providing labor services, if the behavior of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability and the party receiving labor services to compensate. After receiving compensation, the laborer may claim compensation from a third party.

Article 1 198

The security obligor is the operator, manager or organizer of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places. Those who fail to fulfill their security obligations and cause damage to others shall bear tort liability.

If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.

Article 120 1

Share the responsibility of third party infringement in educational institutions. If a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers personal injury from a third person outside a kindergarten, school or other educational institution during his study and life, the third person shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may claim compensation from third parties after assuming supplementary responsibilities.

Article 1203

The way for the infringee to claim damages and the right to pay compensation in advance. If the product is defective and causes damage to others, the infringee may claim compensation from the producer or seller of the product.

If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.

Article 1204

The right of recourse of producers and sellers against the third party at fault. If the product is defective due to the fault of a third party, such as the transporter or the custodian, and causes damage to others, the producer or seller of the product shall have the right to recover from the third party after making compensation.

Article 12 15

Tort Liability for Theft, Robbery and Robbery of Motor Vehicles If a motor vehicle is damaged by a traffic accident, the thief, robber and robber shall be liable for compensation. If the thief, robber, robber and motor vehicle user are not the same person, and a traffic accident causes damage, which belongs to the responsibility of the motor vehicle side, the thief, robber, robber and motor vehicle user shall be jointly and severally liable.

If the insurer advances the rescue expenses within the liability limit of compulsory motor vehicle insurance, it has the right to recover from the person responsible for the traffic accident.

Article 12 16

The responsibility of escaping after an accident and the victim's relief. If the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurer shall make compensation within the liability limit of compulsory insurance for motor vehicles; If the motor vehicle is unknown, the motor vehicle does not participate in compulsory insurance, or the rescue cost exceeds the liability limit of motor vehicle compulsory insurance, and the injured person needs to pay the rescue and funeral expenses, the social assistance fund for road traffic accidents shall pay in advance. After the social assistance fund for road traffic accidents is advanced, its management institution has the right to recover from the person responsible for traffic accidents.

Article 1223

In case of the tort liability of importing unqualified blood due to the defects of drugs, disinfection products and medical devices, or the defects of drugs, disinfection products and medical devices, or the patient's damage due to the unqualified blood, the patient may request compensation from the drug marketing license holder, the manufacturer and the blood provider, or request compensation from the medical institution. If a patient requests compensation from a medical institution, the medical institution has the right to recover from the responsible drug marketing license holder, producer and blood provider after compensation.

Article 1233

Tort liability for environmental pollution and ecological damage caused by the fault of a third person, and environmental pollution and ecological damage caused by the fault of a third person, the infringed may claim compensation from the infringer or the third person. After compensation, the infringer has the right to recover from the third party.

Article 1250

If an animal causes damage to others due to the fault of a third party, the infringed may claim compensation from the animal keeper or manager or the third party. After making compensation, the animal keeper or manager has the right to claim compensation from a third party.

Article 1252

If buildings, structures or other facilities collapse or cause damage to others, the construction unit and the construction unit shall bear joint and several liability, except that the construction unit and the construction unit can prove that there are no quality defects. After the construction unit and the construction unit make compensation, if there are other responsible persons, they have the right to recover from other responsible persons.

If buildings, structures or other facilities collapse due to the owner, manager, user or a third party, the owner, manager, user or a third party shall bear the tort liability.

Article 1253

Buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage. If buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.

Article 1254

It is forbidden to throw objects from buildings when the responsibility for damage caused by unknown throwing objects or falling objects is unknown. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer.

Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law.

In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.