The Research On The Right Of The Creditor To Revoke Litigation System

Creditors the right to revoke the system initially developed by the bankruptcyrevocation system from Roman law, as the exercise of the right to revoke the creditor mustbe brought to the court, the debtor behavior revoked by the court set aside the judgment ofthe effect can occur, therefore, the creditor has the right to revoke is called the revocationof the right to appeal. Many future of Germany, Japan and other civil law countries haveinherited this system." People’s Republic of China Contract Law"(hereinafter referred toas the "Contract Law") Section74,75makes provision for revocation of rights system,the establishment of this system has very important theoretical and practical significancefor the establishment of a sound market economy, the rule of law. However, this provisionis too simple expression, not a complete overview is not complete, there may bedifferences in the understanding of the practical application of the process will encounterdifficulties. Because exercise the right to revoke the contract must be relative breakthroughfor the price, and the relativity of the contract is to maintain the standards of the debtorand creditor relationship, breaking this principle will inevitably seriously affect thesecurity of transactions, so in the course of a hearing in court both the need to protect theeconomic freedom of the debtor, but also take into account the protection of the legitimateclaims of creditors, to achieve freedom and security maintenance transactions to protectthe legitimate interests of creditors and the balance value of these two objectives is acertain difficulty."Contract Law" and the Supreme People’s Court promulgated the "interpretation of the applicable <People’s Republic of China Contract Law> SeveralIssues (a)" the provisions on the right to revoke simply illustrate the physical content andrelated procedural mechanisms of this system, but the revocation the right to operate manyaspects of the proceedings, temporary lack of comprehensive and specific provisions, cannot solve many problems arise in reality. At the same time the creditor the right to revokethe system produces is not very long, theorists did not spend too much energy to make toomuch of their research. And lack of in-depth discussion. Therefore, strengthen theoreticalstudy and research about the right to revoke its action, combined with practical experience, to improve its order to maximize the role of creditor the right to revoke system is verynecessary.In this paper, four research study on the basis of a variety of theories, combined withthe issue of creditor avoidance actions that may be encountered in the judicial practice, themain creditor of avoidance actions from nature, and their parties, the right to appeal, thesubject matter of litigation entry system to explore and discuss.