The Theory Of Creditor’s Right Of Revocation

Creditors cancellation right is a traditional civil law system, by giving the creditor a cancellation right to. make its may not feigning injury because of the debtor and creditor’s rights can not be repaid. Creditors revocation right system began in Roman law, after having been to many countries of civil law, formed a mature system, the value of cancellation right is to restore the debtor creditor due to the improper positive disposition and reduce the responsibility of the property, protect the interests of creditors. Because of the creditors’ right to revocation, broke through the relativity of debt and act, can be directly to the third party and to safeguard the interests of all the creditors for the purpose. Therefore, compared with other system of protecting the interests of creditors, the system is of great significance to protect the creditor. Our country "contract law" article seventy-four, article seventy-five for the first time the creditor right of revocation. But due to the absence of related system and deficient in legislation, law after the creditor subrogation right, whether the exercise of the obligee’s cancellation right over priority has the priority of compensation effect; To obtain the debtor responsibility property of the beneficiary or the effectiveness of the gadites; The scope of cancellation right is the effectiveness of the question makes no specific provision, cause the system become the difficulty in the judicial application. Therefore, it is necessary to study and to explore the effectiveness of the cancellation right the obligee, points out its insufficiency, and constantly improve the system. Structurally, the paper will be divided into six parts, the steps are as follows:The first part, Introduces the creditor with an overview of the revocation right system, introduces the commenting on the effective regulation and the legal problems of the right of revocation.The second part, the nature of right of revocation and exercise the cancellation right of the creditor, the relationship between the legal effect of the current theoretical views on the nature of the creditor’s cancellation right a brief list, and the nature of right of revocation and the relationship between cancellation right effectiveness analysis, puts forward the author’s point of view.The third part, the paper introduces the creditors’ legal effect on the ownership of the right of revocation. This paper holds that the legal effect of exercise the right of revocation with direct payments rules, direct payments rule is the opposite of library rules of a concept. From solving the problem of judicial practice, the better the aim of protecting the legal rights and interests of creditors, endowed with the exercise of its cancellation right of creditor debt repayment of the priority in the future, not only conforms to the spirit of the law, also can better play to the enthusiasm of the creditors.The fouth part, the cancellation right of the beneficiary and the effectiveness of the gadites, in the case of differentiate, turn to the beneficiary and gadites different effects, and to the improvement of the effectiveness of cancellation right in our country.The fifth part,to summarize the effectiveness of the creditor’s cancellation right.