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Marshalling is an equitable doctrine applied in the context of lending. It was described by Lord Hoffmann as: In the United States, Justice Stone described that: ==General principles== It has been held that marshalling applies to all forms of secured indebtedness, including liens. A claim for marshalling will not be allowed by the courts where it would be unjust or unfair to allow the junior creditor to marshal, and therefore: #It cannot interfere or prejudice the position of the senior creditor. #It cannot prejudice third parties. #It must be brought in a fair and timely fashion Marshalling is not available to a second mortgagee where the first mortgagee is contractually bound to look first to the other property to satisfy the debt due to him.〔, quoted in 〕 While quite similar to the doctrine of subrogation, the two are quite distinct equitable remedies:〔, 230231〕 : * Subrogation applies where there is only one debt. : * Subrogation entitles one party to stand in the shoes of another party having repaid indebtedness due to that party, while marshalling requires separate debts due from a debtor to separate secured creditors at the outset. : * The restitutionary principles applicable to subrogation have no application to marshalling. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Doctrine of marshalling」の詳細全文を読む スポンサード リンク
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