On The Creditor’s Right Of Revocation

The creditor’s right of revocation, start-up in the Roman law era, refers to the rights of creditors against the debtor claims for harm behavior, and you can ask the court to revoke. Starting from the historical evolution of creditors, the paper describes the system of the creditor’s cancellation right revocation, inheritance and development in other countries, and the present status in China. The creditor’s right of revocation is one of Debt Preservation System. When the obligatory act hurt the creditor’s right, the creditor’s cancellation right allows creditors repeal litigation, revoke the debtor’s fraud victim’s behavior, and recover responsibility property of the third person. In market economy, various economic activities are close, and legal relationship is complex. In China, the creditor’s right of revocation research and improvement is especially important, because we has not established credit monitoring system and the debtor violated the principle of good faith, all the time. To improve creditor’s cancellation right, this article descriptors few problems and put forward rationalization proposals, on the basic of theory. There are five chapters in this thesis.The first chapter explains creditor’s system origin, inheritance and development. The system situation in different countries appears in the paper. It content’s the creditor’s right situation in "contract law" and relevant juice. The writer tries to make reasonable suggestions.The second chapter analysis nature of creditor’ right and descriptors several theoretical points, the claims right, formation right, responsibility right, and compromise right.The conditions of creditor’s cancellation right are discussed from subjective and objective factor, in the third chapter.The fourth chapter explains the effectiveness of the creditor’s right of revocation Suit of cancellation right, makes the behavior of the debtor from the beginning to lose efficacy. The beneficiary needs to perform the duty of return of unjust enrichment in the filed into effect as of the creditor to all creditors’right of revocation.The fifth chapter clears the parties of legal status in cancellation right, through two real cases of practice and three theories expand the creditor’s cancellation right scope. The judge in the dynamic grasp the allocation of the burden of proof, in order to achieve the result of substantial justice combined with the new civilian law and judicial interpretation on both sides of the redefinition of burden of proof, for protection claims.