Analysis On Case Of Dispute Of Cancellation Right Between Pugongtang Ang Nanshan Investment Company

The essential characteristics of debt is based on the rights and obligations arising transactions. The case study is precisely through multiple transactions made creditor to exercise the right of revocation behavior, so the creditor that is a general right of revocation should rule, has its own characteristics. Cession made by the creditors to exercise such rights through litigation, the core is to determine the dominant position of creditors. In this regard, there are currently two different perspectives:one is based on the assignee creditor claims status cession of the contract, when the date of assignment of claims with the establishment of the contract takes effect, of course, has made the exercise of creditor creditors the right to revoke the qualification; another view was that, based on Article 80 of the contract law provides that the contract with the creditor's rights against the debtor's desire to produce effect, it shall notify the debtor, the creditor shall, from the date of notification of credit reach the debtor, creditors obtain the right to revoke the qualificationIn the present case, there are problems related to the period for exercising the right to revoke the creditor:a creditor is the nature of the exercise of the right of revocation period, "five years" for the scheduled period when no objections, but the "year" is the period of the statute of limitations or Scheduled worthy of study period; the second is the revoking causes the starting point, the present case is the subject of withdrawal of state-owned equity transfer behavior, is based on the date of approval of the SASAC equity transfer agreement, or for the protection of third party without the knowledge of factors in order business date of registration, the third person knows or should know the revoking causes as the starting date.