Creditors The Right To Revoke System

From the analysis of development of creditor's right system of revocation beyond bankrupt law, this thesis makes a detailed study of theories on the creditor's right of revocation at home and probes into some aspects, such as the nature, constructive elements ,scope and effect of creditor's right of revocation. Therefore, this thesis also brings forth suggestions to perfect our country's legislation on this right.six parts, expect the introduction, compose the thesis.Part one is the origination and development of the creditor's right of revocation. After briefly comparing different legislations in connecting countries the thesis briefly introduces the origination, development and transplant of our country's creditor's right of revocation. The thesis makes us believe that our country's legislations had used the experiences of France, Japan, Germany and Taiwan district for reference.Part two is the purpose of creditor's right of revocation. Based on value analysis of contract preservation system, this thesis expounds that the purpose of this system is to deter the debtor's malicious evasion of debt, recall the debtor's liability property and safeguard the realization of all common creditor's rights.Part three is the nature of creditor's right of revocation. Based on the analysis of four main theories as right of formation, right of petition, eclecticism and litigation, the author thinks that the creditor's right of revocation is the right of formation.Part four five and six are the discussion on constructive elements and operation of the creditor's right of revocation. On the establishment of the creditor's right of revocation, if the juristic act is gratuitous, the right is in effect only if the objective elements are satisfied, which is: (a) the act of debtor is juristic with the object of property. Besides the juristic acts, other acts which can increase or reduce the property and acts in litigation can all be revolved. However, the act, not for the object of property cannot be revolved. The acts of status and labor services cannot be revolved, either (b) the debtor's act must be established, and continue to exist after the creditor's right takes effect; (c) the...