The Research On The System Of Creditor's Cancellation Right

Whether the creditor can guarantee and enjoy his right or no in everyday social life and economic communication activities, it depends on the property of the debtor. The creditor has no right to dominate the property of the debtor directly, because his right is a claim. He is only allowed to request that the debtor performs his obligations and not claim his rights against the third party. Therefore the creditor can not be compensated on time if the debtor transfers his property to others before the termination of the debt. It will become not valuable at all if the debtor has disposed properties already, even if the creditor demands compensation or liquidated damages in order to make up the loss afterwards. Finally the creditor will own nothing, especially in the case of unsecured. As a measure to preserve debts, the positive sense of creditor's cancellation right is it can rescind the action of disposition and then restore the property under some conditions, when the debtor reduces his property and hurts the right of the creditor. So the creditor can resist a third party directly with the aid of this right.The article consists of four parts, besides the quoted passage and the conclusion.The first part is about the origin of the system of creditor's cancellation right. We can find it is reasonable and necessary through the analysis of its evolution, foundation and value.The second part is about the characteristics of the system of creditor's cancellation right and introduces a lot of theory. The author approves the responsibility theory, the third view of the theory of right of formation, which is more comprehensive and reasonable.The third part has analyzed the components of creditor's cancellation right from five respects. That is the valid claims between the creditor and the debtor, the action of disposition by the debtor, the harm that the action of the debtor do to the creditor's right, the causality between the action of disposition by the debtor, the inability of the debtor to clear off the debt, and the subjective evil intention which the debtor and a third party have when they trade.The fourth part gives suggestions on the perfection of the legislation in our country through the analysis of the evolution and current situation of the system of creditor's cancellation right.