A Study On The Preservation Of Creditor Rights

In our present legal system of the preservation of creditor rights, there are rights security system, rights presen ation system and property preservation system in achieving creditor rights besides civil liability system. In order to protect and achieve their legal rights, creditors may turn to conventional or legal preservation measures. Both of them are the main measures to protect the rights of creditors.However, at present, there are no uniform and integrated provisions on the presenation of creditor rights. The lag and incomplete of legislation is unfit for the rapid development of our economy. So, I will try to make a discussion on our present legal system of the preservation of creditor rights from the view of rights presenation, according to the system of rights security, rights presen ation and property presen ation in achieving creditor rights, based on the Guarantee Law, the Contract Law, the Civil Procedure Law and other related laws, statutes and judicial explanations, focusing on the basic value of the achievement of creditor rights and the protection of the rights of creditor, and with practical methods combined with the theories and my practice in trial. This essay is divided into five chapters:Chapter 1 mainly discusses our legislation tenet and system of preservation of creditor rights, the limitation of our preservation system of creditor rights (the disintegration of preservation system), the restriction in the application of preservation measures, and the costs of preservation;Chapter 2 mainly discusses the aim of presenation system, the efficiency to achieve creditor rights, the reduction of costs or shift of loss in achieving the benefit of creditor rights, the credit in the bargaining of the benefit of creditor rights, the set measures to preserve rights, the routinizaion of the regulations on rights preservation (regulations on rights security agreed beforehand), legal litigation on rights preservation, and property preservation in achieving creditor rights;Chapter 3 mainly discusses the choice of the method of creditor right security, the validity of mortgage guarantee, the registration of mortgage, repetitive mortgage, and joint mortgage;Chapter 4 mainly discusses the conditions to perform the right of subrogation, the period of limitation of the right of subrogation, the agreed performance of the right of subrogation, the restriction on the evidence for the performance of cancellation right, the litigation for the performance of cancellation right and the redress for the performance;Chapter 5 mainly discusses the transform of the property of debtor to creditor property, the adjudgment of creditor property and the preservation of creditor property, the methods for the preservation of creditor property, the disposition of preserved property, and the right of disposition on preserved creditor property.More emphasis of this essay is especially put on the problems in mortgage guarantee and the right of disposition on preserved property to advance suggestions on related legislation of our state with the combination of the consideration of the problems arise from practice, so as to provide some references for the legislative and judicial practice and the study of law of our country for the establishment and perfection of our preservation system of creditor rights.