ON The Creditor's Right Of Revocation

The withdrawing right of the obligee is an ancient obligation-preserving system, which has been stipulated by the Contract Law of China for the first time. This dissertation begins with the concept, nature, and the theoretical basis of withdrawing right of the obligee, adopts the theories and stipulations of the law abroad and in the district of Taiwan, and analyzes the subjective components of valid withdrawing rights, the processes and effects in performing the withdrawing right.Based on this, and with a combination of the legislative practice in China, this dissertation comments on the legislative drawbacks of the Contract Law of China on the withdrawing right of the obligee and those of judicial interpretation made by People's Supreme Court, and points out that related legislation in China is too narrow in applicable field, thus failing to solve the problems that need to be regulated by the withdrawing right; that the longest protecting period is too short to protect the interests of the obligee; and that the litigation position of the two parties is too vague to operate in legislative practice. In view of the above, the article puts forward suggestions for the perfection of the legislation.