Understanding And Adaption Of The System Of Creditor's Canceling Right

The repealing right of the creditor is a civil law system, which is described in The Contract Law, however there are different opinions on it both in the practice and the theory field, Sothe auther gave apilot study on it .In the first part, the auther give a generalizing analyse on the system of repealing the right, law essence, value's goal and law theory .Firstly I analyised the historical reform of the system of the repealing right, then I talked about the essence of therepealing rights. There are reforming theory, requiring theory and compromising theory. I think the last one is the best. Then I specificly analyised the essence of the repealing right is to restore the liability prosperity of benefits. Then I research the value of the repealing right and its legal foundation. I think justice, fair, Security are the value target of the repealing right. Meanwhile the legal foundation is the principle of honesty and the principle of forbidening abuse rights .In the second part, this assay researches the legal requirement of the repealing right. First I talk about the main requirement of the repealing rights, then I analyise the remain part of lawsuit . I give my opinion on defendant. After that, I research the subjective requirement of the reform of the repealing right and I anlyise the evil intention of debtor, benificial people and I give my opinion on it. I talk about thephysical requirement of the repealing right, then I give my opinion different kinds of creditor's rights renting rights .Then I discuss the physical condition of the repealing rights. From the physical aspect, when debtor share the prosperty that do harm to the benefit of creditor, and this happened after the validity of creditor's rights. It's the causality between the action of sharing the property and the legal benefit suffering of creditor.In the end, I discuss how to on the way of exerting therepealing right of creditors. This assay anlyises many aspects like the principle of implementing the repealing right, range, period and effects, when inpliment the repealing right must file a lawsuit, I give my opinion of inplementation of the repealing right .