To subrogate an employment contract, all three parties must sign
The notion of subrogation is used in the field of law to refer to the action of replacing something or someone, putting another thing or another individual in their place . The etymological root of the term is found in the Latin word surogāre .
Replacement contract
Generally the idea of subrogation appears within the framework of a contract . By subrogating a legal or natural person to another, it is replaced , modifying the contract regarding the fulfillment of an obligation or when exercising an attribution.
The act of subrogation may consist of changing the debtor or lender in a financing , which produces a delegation or succession of duties. Subrogation in the position of the debtor , for example, consists of replacing the holder of a credit with another. In some cases, such as an inheritance after the death of the borrower, subrogation does not require the approval of the creditor. Subrogation in the position of the creditor , on the other hand, takes place when the creditor transfers his rights to another subject.
Suppose a man acquires a property through a mortgage loan, owing the bank a large amount of money . Some time later, he loses his job and cannot continue making payments. Faced with this reality, he offers to subrogate the mortgage to his brother: in this way, his brother becomes the new owner of the loan and assumes the obligation to pay the corresponding installments, formally keeping the house beyond what he arranges with your family member.
This can also occur if one employer delegates its work to another, if two entities merge, or if one is purchased by another. In this case, subrogating the employment contract means that the employees maintain the conditions expressed from the beginning, including the benefits for their seniority. The three parties must sign a legal document to record the subrogation.
Surrogacy
Surrogacy , on the other hand, implies an agreement through which a woman carries out a pregnancy and after giving birth, gives the baby to another person or a couple, who assumes maternity/paternity. This agreement can be made for profit or altruistically. The term by which this contract is known in everyday speech is surrogacy .
This practice emerged in the 1970s and has since sparked discussions and controversy about its impact on women's lives, as well as legal and ethical aspects. Broadly speaking, we can say that there are two very different positions: those who believe that it is a form of exploitation linked to social status, among other issues, since the rich hire needy women; who maintain that it is simply a personal decision, to exercise individual freedom .
Surrogacy is a very controversial topic
To make things more complicated, each country treats it differently. In some, it is completely ignored in their legislation. In others, it is expressly prohibited. But there are also those that have well-defined rules so that the act of surrogacy can be carried out legally and without harm to any of the parties. Still, no matter how much it is regulated, each person involved in this equation knows how the process affects them.
Motherhood in itself is a difficult topic to address, since it also generates very different opinions : from people who consider it practically an obligation or a duty, to those who choose not to have children. This breadth of positions regarding the supposed role of women, with all the gray that exists between the extremes, makes it very complex to pass a judgment on surrogacy .