Study Of The System Of The Creditor's Revocation Right

The creditor's revocation right system stipulated in the article 74, 75 of Contract Law has deep foundations. It is not only to overcome the deficiency of the relief system and guarantee the realization of creditor's right, but also the inherent requirement for the principle of honesty and trustworthiness of Civil Law.As different perceptions both in theory and practice still exist, the author chooses this topic for an initial research. This paper starts with the concept, property, and the legislative purpose of the revocation rights. Referring to the theories and stipulations of the law abroad and in the district of Taiwan, the paper analyzes the legal elements, the process and effects in exercising the revocation right. Based on the above and the new laws such as Property Law of the People's Republic of China, the Enterprise Bankruptcy Law, the author points out the legislative shortages of the current system and puts forward proposals for perfection.The thesis is mainly composed of four parts except the introduction and conclusion:Part one is on the origination and development of the creditor's right of revocation. And it also compares the difference with the revocation right in insolvency law.Part two is on the legal elements of the revocation right. The right is composed of four parts: the subject, the subjective aspect, the object, and the objective aspect. The author also discuss the criterion of"whether the debtor's behavior is harmful to the obligatory right"and the allocation of the burden of proof.Part three is on the nature and exercising of the right. There are mainly three views on the nature: right of formation, right of petition ant the eclecticism. The eclecticism is more reasonable. The exertion of the right includes the means, parties in the litigation, the scope and the time limit.Part four is on the consequences of the exertion. The author thinks that the traditional principles as equality of creditor's rights and relativity of obligatory rights should be broken through and the man who exercises the right of revocation should be endowed with the priority of compensation.