Research On Perfection Of Legal System Of Revocation Right For Creditors

The legal system of revocation right for the creditor, as a traditional debt protection policy, forms a completed mechanism with the creditor’s subrogation together to safeguard the fulfilment of obligatory rights and maintain a normal order of the social market economy. Creditor against the debtor’s right to revoke the transfer of property without compensation or give due credit and other acts detrimental to creditors, through the exercise of the right to revoke the debtor’s responsibility to preserve the property in order to protect the legitimate claims of creditors to achieve. Contract Law enacted in1999and followed judicial explanations prescribe the legal system of revocation right for the creditor, fill the blank of related legal systems, and cause the guarantee system of obligatory rights to be more perfect. The nature of the revocation right for creditor is the key to understand the revocation right for creditors, withdraw right is a right and claims of both the formation of the substantive rights, is a breakthrough in the principle of relativity claims, is a destruction of the normal trade order. However, in order to protect the full and effective implementation of the creditor claims the legitimate right to revoke the existing system, in particular the need. Since the creditor the right to revoke the nature and complexity of the system function, so the law requires the exercise of its constituent elements and the elements of strict limits to protect the realization of the purpose of avoidance system, without too much interference in civil law principle of private autonomy. Because of the legislative technology and other reasons to restrict, compared with other countries, the creditors of avoidance of system there are still many problems in our country. This thesis combs some related knowledge of the legal system of revocation right for the creditor, on the basis of which, in the combination of the elements of revocation right for the creditor and the current situation of Chinese legislative and judicial practice, some existed problems of the legal system of revocation right for the creditor are found out. For example, the application scope of the legal system of revocation right for the creditor is too narrow, which can not meet the needs in real life; the opposite party’s lawsuit position is set blurrily so that it isn’t easy to operate in judicial practices; the exercising period isn’t clear so that creditors’rights can’t be protected well enough. To address these problems, this thesis brings out some suggestions to improve legislation, to perfect the legal system of revocation right for the creditor. Improve the system of creditor right to revoke help to promote the preservation of the system to perfect, and promote the combination of the system of debt guarantees and the debt security system. It will increase the protection of creditors, maintain the legitimate interests of creditors, and promote the prosperity of market transactions.