Concept in Definition ABC
Miscellanea / / July 04, 2021
By Florencia Ucha, in Jan. 2012
At the request of Right, the surrogacy turns out to be the substitution in a obligation, whether of an individual or of one thing, by another or another, as appropriate. Meanwhile, the action of subrogation may materialize in either of the two positions that admits an obligation:creditor or debtor.
So we can meet the subrogation in creditor position, can be the same inter alive, such as the purchase, sale or donation, or failing that, by mortis causa, that is, by inheritance; an individual assumes the position of creditor before a debt. And on the other hand, the subrogation in debtor position, in this case, how is the debtor the one obliged to satisfy the compliance In question, the authorization of the creditor is required, because it may happen that the new debtor is not solvent or is not properly qualified to take over the debt. Authorization will not be required if the reason of subrogation is the death of the debtor.
Another recurring case that the law admits is that
an individual is subrogated to a contractTherefore, in this case, it assumes both positions at the same time: creditor and debtor.Meanwhile, another area in which the term has become common is in the field of human fertility, as a consequence that the legal action of surrogacy has become one of the possibilities that infertile couples can find to conceive a child through the figure of the mother surrogate or surrogate mother.
The surrogate mother will be the woman who conceives through assisted fertilization treatment and then carries the child of another woman, who will be the legal mother of that child once it is born.
Based on a contract, the surrogate mother agrees to deliver the child she conceives, as soon as it is born, to a couple that she is unable to conceive. This type of surrogacy is a relatively new practice, not allowed in all countries, but has spread throughout the world.
It should be noted that its high cost makes it a plausible option for those couples who have relevant financial means.