On The Repealing Right Of The Creditor

The repealing right of the creditor ,a conventional civil law system ,which was definitely described in <> after our country's united. However there are different opinions on it both in the practice and the theory field. So the author gave a pilot study on it.At first, the article gave a generalizing analyse on the system of the repealing right. Let's analyze the repealing right and it's essence. It's the intrinsic character of the creditor's rights in some degree and the character with the almsgiving right. The repealing right materializes the external efficacity of the creditor's right.Then the article analyzed the coming into being, development and the description or the legislation cases in some important representative countries ,and then the legislations from the Qing Dynasty to the Republic of China .At last the text analyzed the importance the system to the market economic.Later on, the discussions of the repealing right's theory foundation were given: justice and safety ,while the foundation of the law's theory is honesty and honor, the prohibition of the right's abuse.At the same time the repealing right is the balance of each other's interests.The third part ,the article gave studies on the legislative relation of the repealing right.First from the attribution of authority, the writer regard the repealing right as substantial right but lawsuit right and tell the readers the reason. Furthermore gave his opinions by commenting the disputations.In case of the confirmation of the repealing right and it's master of relativitywhich is a problem full of disputations, the writer gave his own ideas: we should confirm it according to different cases.In the end the anatomy of the repealing right's object were given. The writer also gave his ideas that whether the repealing right happens on the creditors' right, leasehold, security interest.Immediately the article gave studies on the subjective, objective factors of the tenability of the repealing right.In the writer's opinion, from the objective factors, only if the debtor carry into execution the action of disposal property and this action is effective and continue to exist after the creditor's right of the tenability of the repealing right.From the objective, it must have the hostility of the debtor, beneficiary and receiver.At last, the author do some research on the way of exerting writer from the way, scope, period and effect etc.Generally, establishing the repealing system for the creditor embodiment the thorough and particular developing tendency of the protection to creditor, and it makes a great meaning to perfect the laws and rules of our market economy.