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Creditors The Right To Revoke The System Discussed

Posted on:2007-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:J CuiFull Text:PDF
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Human society's division of labor has promoted the development of economy. The exchange of commodity becomes much more frequently as a result of the development of commodity economy society. However, behind the prosperity of commodity exchange, many people who stem from various reasons have destroyed the transaction security intentionally or accidentally, and have hindered the market economy development to certain degree. This needs integral rules or stipulations to safeguard the security of commodity exchange and its credibility thus has caused the existence of cancellation right system.Our country officially stipulates the system of creditor's cancellation right in the Contract Law in 1999, and makes some additional regulations in the Supreme People's Court Certain Questions Explanations about < People's Republic of China Law of contract >. But because Law of contract and Explanations about Law of contract stipulates quite briefly about the cancellation right of creditor, and theorists who have different opinions with each other about correlation content have not achieved the relative unification of understanding, which has influenced this system to some degree, therefore the author selects this topic to do the preliminary study.The thesis is divided into five parts, about 35 thousands words all together.The first part carries on the brief analysis about cancellation right system. Various countries have different opinions about the nature of Cancellation right of creditor. The author approves the compromised theory that combines the right of formation and right of claim. The article then carries on the comparison about the cancellation right system with the general system in the civil law, the cancellation right in bankruptcy law, right of subrogation and the invalid contract system.The second part discussed the existence rationality of Cancellation right of creditor. The article has analyzed realistic necessity of Cancellation right of creditor from the historical development angle. At the same time also discussed the rationale of cancellation right system from the legal principle theory of...
Keywords/Search Tags:cancellation right, right of formation, act of disposition
PDF Full Text Request
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