最高人民法院关于适用《中华人民共和国合同法》若干问题的解释（一） Supreme Peoples Court, Several Issues Concerning Application of the

s at that time.

　　Article 21　If in a subrogation action the amount of the obligee's subrogated claim exceeds the amount of the debt owed by the obligor or the amount of the debt owed by the secondary obligor to the obligor, the people's court shall not support the part in excess.

　　Article 22　If in a subrogation action the obligor institutes an action against the secondary obligor for the part of the claim in excess of the amount of the obligee's subrogated claim, the people's court shall inform the obligor that they should institute a separate action in the competent people's court.

　　If the action instituted by the obligor complies with the legal requirements, the people's court shall accept it. The people's court accepting the obligor's suit shall suspend the proceedings in the action in accordance with the law until the ruling in the subrogation action has become legally effective.

　　5. Right of Annulment

　　Article 23　If the obligee institutes an annulment action in accordance with Article 74 of the Contract Law, the competent court shall be the people's court of the place where the defendant is domiciled.

　　Article 24　If the obligee institutes an annulment action in accordance with Article 74 of the Contract Law and only names the obligor as defendant, without naming the beneficiary or the assignee as a third party, the people's court may join the beneficiary or the assignee as a third party.

　　Article 25　If the obligee institutes an annulment action in accordance with Article 74 of the Contract Law and petitions the people's court to annul the obligor's act of waiving their claim or assigning their property, the people's court shall conduct a trial in respect of the part for which the obligee asserts their right of annulment. If the act is annulled in accordance with the law, it shall be void ab initio.

　　If two or more obligees institute an annulment action against the same obligor in respect of the same subject matter, the people's court may consolidate the actions into one trial.

　　Article 26　Such necessary expenses as attorney fees,

travel expenses, etc. incurred by the obligee in exercising their right of annulment shall be borne by the obligor. If a third party is at fault, they shall bear an appropriate share of such expenses.

　　6. The Third Party in a Contract Assignment

　　Article 27　If the obligee assigns their contractual rights to a third party and a subsequent dispute between the obligor and the assignee concerning performance of the contract is brought before the people's court, and the obligor raises a defence against the rights of the obligee, the obligee may be named a third party to the action.

　　Article 28　If the obligor assigns their contractual obligations with the consent of the obligee and a subsequent dispute between the assignee and the obligee concerning performance of the contract is brought before the people's court, and the assignee raises a defense in respect of the rights of the obligor against the obligee, the obligor may be named as a third party to the action.

　　Article 29　If a party to a contract assigns all their rights and obligations under the contract to an assignee with the consent of the other party and a dispute between the other party and the assignee concerning performance of the contract is brought before the people's court, and the other party raises a defence in respect of the rights and obligations under the contract, the assignor may be named as a third party to the action.

　　7. Concurrent Right To Petition

　　Article 30　When instituting an action in the people's court in accordance with Article 122 of the Contract Law, if the obligee modifies their claim after electing the type of liability and before the first hearing, the people's court shall give its permission. If the other party raises an objection concerning jurisdiction and their objection is sustained after investigation, the people's court shall dismiss the action

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