On The Creditor's Right Of Revocation

In the past, we have a legal system in the study, when both normative and empirical research study, who are often analyzed from the perspective of providing and institutional development of the system, rather than from the system use- that is, from a variety of social activities of human point of view. This is a legal system to be used by people who provide social activities do not fit some of the possibilities. On its debt in terms of a civil legal relationship between the parties took place in the social activities of people's daily life, which requires the study of the legal system when debt or debt-related, we should take advantage of the system's point of view is based on the point, change the perspective of the past, from the development of conventional and provider perspective to the study in order to make the legal system and law enforcement to be perfect convergence. This article is the right to revoke the rights and obligations of the creditor institution of substantive law sense. Substantive law and procedural law was never antagonistic born, when subjected to violations of the rights of the substantive law when the inevitable need to be protected by the procedural law. Creditors the right to revoke this article is to discuss litigation when the creditor the right to revoke enter the program areas, procedural law should be or how the legal system which provides effective protection of substantive rights, but a complete and efficient is the inevitable choice. Therefore, this paper in terms of the creditor the right to revoke the connotation, nature, the subject of proceedings, the right to appeal, etc. constitute discussed, sought creditor night avoidance actions, provide a reasonable and effective program implementation mechanism for the debt.This paper is divided into five parts, the first part introduces the concepts of creditors the right to revoke its action after the creditor the right to revoke its concepts litigation clearly describes the nature of the creditor immediately right of revocation, cancellation right to creditors in accordance with theoretical circles the analysis finds that the nature of the different theories and determine its nature in this article I believe that the creditor the right to revoke its very nature, must be formed right. Then on the basis of the nature of the right to revoke the creditor further analysis to determine the nature of the creditor avoidance actions, the creditor obtained an avoidance action to appeal the formation of conclusions.The second part focuses on the issue of the right to appeal and the main creditor litigation avoidance actions, the right to appeal is the core concept of civil litigation, civil litigation is the theoretical basis is to start civil proceedings, important rights open the door of justice, for people looking for tutors their judicial protection is important. With the right of appeal, uphold the rights of the parties to sue only the possibility theory and practice. In the second part of this paper first discusses the theoretical right to appeal creditor avoidance actions, proceedings have the right to appeal the substantive and procedural requirements, further discussions need to have a right of suit the specific requirements of the creditors' right of revocation proceedings. Secondly, under the premise of determining the right to appeal, the parties analyzed the problem creditor avoidance actions, in the proceedings to determine the eligibility of the plaintiff and defendant, and related litigation relates to the dominant position of third parties.The third part is to analyze the contents of the creditor avoidance actions the subject of litigation issues. Civil Suit, consists of two basic elements, namely the objective elements of subjective elements and objective elements and subjective elements of the main proceedings of the litigation system, the subject of litigation litigation department, naturally need to be focused on in a lawsuit. When civil action around the subject of litigation and the beginning and ending development, from start to know the end of the proceedings the subject of litigation always been the core of the proceedings, is the backbone of civil litigation. The article first analyzes the academic subject matter of litigation, identified different subject matter of litigation in our country as well as the subject matter of litigation related to identification, followed by a discussion of the subject matter of litigation creditor avoidance actions a clear core creditor avoidance actions.The fourth part introduces the extraterritorial provisions of the creditor the right to revoke its proceedings. Creditors the right to revoke originated in Roman law, civil law is the product of national and regional laws, and therefore the article civil law countries and regions for the study point, introduced Germany, Japan and Taiwan of China relevant provisions of the creditor's right to withdraw its lawsuit and thus come to China in perfect enlightenment suffered institutional creditors, avoidance actions, intended to learn from the advanced concepts, to further improve our creditors, avoidance actions to achieve real fit theory and practice.The fifth part is based on the fourth part, by foreign and Taiwan-related system analysis and inspiration, discovery of the creditor avoidance actions problems exist in theory and practice, the author is also the basis of understanding of the relevant issues try on some of the proposals put forward, we want to improve creditor avoidance actions Mianbozhili.