Creditors Cancellation Right Is Compared

The word,rescission, is often used in our civil law. When used in creditors right of rescission in the contract law,it is defined that creditor can request the people’s court to rescind the harmful behavior done by the debtor, in order to maintain the responsibility of the property of the debtor and protect realizing creditor’s right.Our country stipulates the contract law this right for the first time,fill the blank of the legislation. In order to resume the perfect creditors rescission right system,the supreme people’s court made a further explanation on "contract law".Establishing and perfecting this system, break through the traditional relativity principle of the debt.Better preserved the extent of the obligee’s right,solve the long-term practice existence phenomenon of a large number of ious and difficulty of collection agencies.With the application of law in practice,the complexity of the case increased,so that the provisions in China are beginning to some limitations and lag.In theory, there are also some unreasonable places.It is necessary to make up this system scientific.Part1of this article mainly expounds the general situation of the revocation creditors,including:The creditors of the rescission right revolution,in the development of all countries,the nature of the creditor’s right of rescission,theoretical basis of the system establishment.The second part, author compare the creditor the right of rescission with subrogation rights, bankruptcy right to revoke, withdraw from the contract the right to revoke, aimed at resolving the confusion that may arise in learning theory of the right of rescission.The third part is the core of this chapter.The author presented the creditors rescission right from the three elements. The creditors element:mainly considerate creditors having debt types, as well as the occurrence time of revocable behavior and creditor’s rights The debtor element, mainly lies in the objective elements that is against the composition and cheat behavior subjective factor. the obligor a catch against mean. For the third person, mainly lies in the third person’s subjective whether it has the malicious. The forth section discusses the creditor the right to rescind in the exercise of the special exercise of the proceedings, the nature of the proceedings and litigants, the author compares the four doctrines. During exercise results, exercise range, and the exercise of the right to revoke the doctrine of distinction.The fifth section, the author point the Insufficient of the creditor’s right of rescission in our law and give some advice to perfect the system.