Research Revocation System Creditors

The creditor’s right of rescission, refers to the debtor creditorimplementation reduce legal behavior harm its property and creditor’srights, the right to request the court to revoke. Most modern countrieshave stipulated the system of civil law of our country, the creditor’sright of rescission beginning from the "contract law" of the people’sRepublic of China regulations.About the nature of the creditor’s right of rescission of the mainclaim, right of formation, said said compromise, said several liabilitydoctrine in theory, through the analysis and combined with the legalprovisions of our country, we find that China’s cancellation right ofcreditor for the nature of right of formation.Because of the rescission of creditor is destroyed to the legalrelationship established. In order to avoid the abuse of the creditor’sright of rescission and disrupt the normal transaction security, shouldbe strictly restricted the rights of. According to established tocreditor’s cancellation, can be divided into compensatory behavior andvoluntary behavior of two. Elements of voluntary behavior is:(1) to thedebtor the gratuitous act;(2) to a creditor debtor of the harmful behaviorof creditors. But paid behavior also require the following conditions:(1) if the debtor that damage the rights of creditors;(2) if it is toturn the right to withdraw the relationship between people or thebeneficiary and the debtor, you must also turn or the beneficiary isknowing to damage the creditor right facts.The effect of exercising the creditor’s right of rescission is alsorelatively invalid and the absolute invalid said two views, but relativelyinvalid theory is obviously not conducive to fully guarantee the interestsof creditors, the absolute invalid said more reasonable. The debtor was revoked, the behavior is invalid, the property to recover is notpunishment before the state, exercise the right of revocation benefit backto the debtor’s property.Although our country in the "contract law" stipulated in "(a) and inthe interpretation of","explained (two)" has gradually improved thecreditor’s right of rescission, but there are still many worth thinkingabout, and in practice also gradually exposed many problems. As for thescope and status, the burden of proof, the exercise of the right to revokethe right to revoke the scope, period, scope to exercise the right ofrevocation of the provisions are not clear or dispute, should furtherimprove.