On The Right Of Rescission In Insolvency Law

Based on the cognizance of the 35th provision in China's InsolventLaw of Enterprises (proposed),this thesis intends to explore the prob-lem─the right of rescission in insolvency, about which few works onarticles in China have fully studied. And whether legislatively or theoreti-cally no research achievments at home can be matched with those abroad.This thesis will study the right of rescission in insolvency according to thewriter's personal understanding and analysis of the problem concernedand to reconstruct the range, the esseneialo and other aspects of the rightof rescission in insolvency, so as to improve the insolvent legislation in ourcountry. There are all together seven parts in this thesis.Part one: The Evolution and Significance of the Right of Rescissionin Insdvency. The right of rescission in insolvency derives from the can-cellation right of creditors in the civil law. This part explains the origin,the development and the essentials of the cancellation right of creditiors,and also the development of the operating essentials of that right.Part Two: Relation with the Cancellation Right of creditors in theCivil Law. The revocation right in the insolvent law is an extension to thebankruptcy procedure of the cancellation right of the creditors in the civillaw. Both are based on the idea of fairness and justice, and are establishedfor the insterst of the creditors. Therefore the revocation right of thecreditors should be embodied and affirmed in the legislation of the insol-vent laws in China.Part Three: The Essentials of the Right of Ressission. The essentia-lo of the right of rescission is one of the key problems in its theory. As faras the essentials of the right of rescission are concerned scholars from allover the world differ with each other greatly. Chinese scholars have ex-pressed their ideas in their works, of which there are still something opento question. Ther fore the writer of this thesis will present her own expla-nations herein.- Part Four: The Range of the Right of Rescission. The range of theright of rescission is rather important in the whole system. Here the wro-ker divides it into three types: intended rescission, crisis rescission andfree rescission, and puts forward some suggestions for revision a ccordingto the reality of China. So as to reconstruct the range of the revocationright in inso1vercy and improve the insolvent laws in China.Part Five: The Subject of the Right of Rescission. Scholars hold var-...,ious opinions about the in consistency of the exerciser and holder of theright of rescission, to which the writer also gives her own explanation.Part Six: The Exercise and Effect of the Right of Rescission.This part disscusses the exercising period, method and effect of theright of rescission as well as the different modes of extinction of the rightof rescission.