On The Creditor's Right Of Rescission

The creditor's right of rescission is the right which the creditor, in order to conserve his rights, requests the court to rescind the behavior acted by obligor and harmful to creditor's rights in accordance with law. The creditor's right of rescission breaks through the principle of relativization of the traditional creditor relationship, and its exercise can affect the third party besides creditor relationship. Therefore, the law should make prudent and exactitude stipulations to the exercise of cancellation right. This thesis will give a discourse on creditor's cancellation right from five aspects: the characteristics, basic law principle, essential constituents, exercise and efficacy.Part One: the introduction of creditor's right of rescission. In this part, I will briefly introduce the concept and origin of the cancellation right, analyze the characteristics of creditor's right of rescission, expound my own viewpoint, i.e. in support of the theory of split of the difference, make amendment to the theory, and make comparison about the creditor's right of rescission, right of rescission in voidable behavior and request of proclaiming civil act in valid.Part Two: basic law principle of creditor's right of rescission. Creditor's right of rescission must abide by two important principles: the principle of good faith and the principle that right can not be abused and value orientation of the right. I will discourse the rationality of creditor's right of rescission from law principle.Part Three: essential conditions of the creditor's right of rescission. I will expound the essential conditions of the creditor's right of rescission from subject, object, objectivity and subjectivity, and make a discussion about who can exercise the right of rescission to some action in some condition.Part Four: the exercise of the creditor's right of rescission. I will make a discussion about the methods, scope, and of creditor's right of rescission. The creditor's right of rescission must be exercised in lawsuit, and its scope should be limited to the creditor's right to exercise the right of rescission, and can be wiped out because the creditor gives up or the time limit passes. Based on the principle of "he who makes the proposition is responsible for the onus of proof, the creditor's responsibility for proof can be properly reduced.Part Five: expound the effect of creditor's right of rescission to the creditor, obligor and the third party. The emphasis is the discourse on the rationality that all the ordinary creditors should be compensated equally.