On The Creditor The Right To Revoke The Constituent Elements

In traditional field of the contract law, the creditor can only request the debtor for performance according to the principle of relativity; it has no relation with the third party in principle. The creditor has no right to dominate the property of the debtor directly. If the debtor dominate and dispose the property freely, the creditor can not be compensated probably. Although the creditor can secure in order to ensure the credit before the relationship of the debt set up or take effect, the statutory debt and contract creditor's rights can't be ensured. So the law determines that when the debtor reduces his property actively and the improper reduction of it hurts the right of the creditor, the law has to give the creditor the right to prevent the debtor from reducing, that is creditor's cancellation right. It originated in Ancient Rome and some countries in mainland has studied it deeply. But there are still some problems both in theory and practice, because our country studied it later than others. The article gives analysis of one case about creditor's cancellation right; it consists of the four specific parts below:The first part is the presentation of the case and its focus of controversy. It mainly introduces the basic case, the decision of the court and the focus of controversy. It determines that there are four aspects about the focus of controversy, which lay the foundation for the introduction of creditor's cancellation right.The second part has analyzed the system of creditor's cancellation right. First, it simply introduces the definition of creditor's cancellation right and its rules in relevant National Law. Then, it introduces the effect after the creditors exercise their cancellation right. This part lays the theory foundation for analyzing the creditor's cancellation right.The third part gives specific analysis of the focus of controversy. First, it analyzes if the case conforms to the components of creditor's cancellation right, which is divided into subjective and objective aspects. It refines the components and solves the inconvenient problem because of the general legislation. Besides, it includes how the both parties can solve the controversy about whether the debtors'transfer is free of charge. Then, it analyzes the theory of the confirmation of litigant in the system of creditor's cancellation right.The fourth part is the conclusion of the study about the focus, which is obtained from the case in combination with the analysis in the third part. relevant applicable problems about the system of creditor's cancellation right and the invalid contract system. Through the case, it presents the problem about the selection of the two systems and the problem that the invalid contract system can be cancelled.