Creditors The Right To Revoke System

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.From the analysis of development of creditor's right system of cancellation beyond bankrupt law,this thesis makes a detailed study of theories on the creditor's right of cancellation at home and probes into some aspects,such as the nature,constructive elements,scope and effect of creditor's right of cancellation.Therefore,this thesis also brings forth suggestions to perfect our country's legislation on this right.The thesis is divided into four parts.The first part carries on the brief analysis about cancellation right system.After briefly introducing the origination and development of the creditor's right of cancellation,the thesis carries on the origination, development and transplant of our country's creditor's right of cancellation.Various countries have different opinions about the nature of Cancellation right of creditor.The auther 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 cancellation right in bankruptcy,right of subrogation. The second part has studied the subjective and objective components of cancellation right:the objective aspect refers to the debtor implements the behavior that has harmed creditor's rights.In subjective saspect,so long as the debtor knows the behavior will cause it not to have the capital strength discharge of a debt,thus harm creditor's rights,still implements this kind of behavior,indicates sufficiently the debtor has the evil intention;so long as the beneficiary knows that the property is transferred through obviously unreasonable low price,we may infer it have the subjective evil intention.The third part elaborates in detail how to exercise the cancellation right.Mainly analyzes the method,the scope,the body of litigation,the deadline of cancellation right.The fourth part gives suggestions on the connected perfection of the legislation in our country.It points out the insufficiency of the system of the present creditor's right of cancellation in our country.Therefore,it will propose the legislation suggestion in this foundation:expanding the scope of the right of cancellation;entrusting the man who owned the right of cancellation with the priority of compensation;in the status determination of the litigant,it should stipulate that the grantee or the beneficiary can take the defendant or the co-respondent.