Comment On The Case Of Changsha Construction V HFL About Cancellation Right Of Creditor

Cancellation Right of Creditor system is a preservation system to ensure the rights of creditors.But it can damage assignee's right easily.For the balance of the creditor and assignee,we need to study the system,and find out the weakness.so that we can keep the market order stability and security.In the case of Changsha construction V HFL,Changsha construction is a creditor,HFL is an obligor,M.J is the third person.Due to HFL have sold the restaurant at 12.6 million to the M.J,Changsha construction cannot get its property back.The focus of controversy in this case mainly concentrated in the following three aspects:firstly,Whether the transfer of the right of management and related assets is obviously unreasonable low pricely.Second,Whether the transfer of the righs will damage the creditor's right.Thirdly,whether the M.J company has known that the transfer behaviors is obviously unreasonable low price and will harm the M.J company' s rights.After twice judgment,The final judgment support the claim.Through the analysis of the basic price,I have reached that the price is an unreasonable low price;Through the analysis of the indigent status,I have reached that the transfer is harm to the Changsha construction;Through the analysis of the HFL's Attitude,I have reached that even the judgment is right,it should punish HFL for it's malware.