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Study On The Obligee's Cancellation Right

Posted on:2007-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:L P JiaFull Text:PDF
GTID:2166360185960758Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The obligee's cancellation right is a part of the debt preservation, debt preservation system is a civil law system that guarantees the repayment of debt by maintaining the value of the debtor's liability assets. It has been stipulated by the Contract Law of China for the first time. Because of this, there are no agreement with some issues and it still need to be perfect. By tracing back to the origin of the obligee's cancellation right, this article tries to research on some important issues. Firstly, by analyzing the legal basis of the obligee's cancellation right, we can know that the system of debtor's liability assets and external effectiveness are the foundation of the obligee's cancellation right. Secondly, I discuss the nature of the obligee's cancellation right with a combination of the practice. It is the premise of analysis of the obligee's cancellation right. I agree with the compromise doctrine. Thirdly, I research the constituent elements of the obligee's cancellation right, and analyze the obligor's typical actions of disposaling property. Finally, I study the exercise of the obligee's cancellation right. By analyzing the bodies> mode and period, we will have a more clear understanding on the obligee's cancellation right.
Keywords/Search Tags:the obligee's cancellation right, liability assets, external effectiveness
PDF Full Text Request
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