On The Exercise Of The Creditor's Right Of Cancellation

The system of creditor's revocation right is one of the core systems of creditor's right guarantee.With the development of market economy today,various economic activities are closely connected and the legal relationship is complex and changeable.In practice,it is common for debtors to violate commercial integrity and abuse their rights.As a result,even if many creditors win the lawsuit,their creditor's rights cannot be effectively guaranteed.At the same time,the debtor's malicious behavior of debt evasion,but also to the market transaction security caused a great hidden trouble,seriously restricted the transaction.Therefore,the revocation action of the creditor has to be a necessary action to guarantee the realization of creditor's rights in many cases.The study of a system should not stop at the theoretical level.Therefore,this article in the perspective of creditor's right of revocation in judicial practice,mainly for the selected 50 copies of the written judgment analysis,aims to find problems from practice,and for the cancellation right in several problems existing in the practice,try to put forward a preliminary rationalization Suggestions,in order to improve the help of cancellation right the obligee.The first part of this article first cancellation right the obligee to exercise the judicial status are briefly introduced,and the second in the form of a chart showing the creditors cancellation right to exercise the cause of the failure,and analyze the reasons for failure,and the creditors in the exercise of right of revocation,such as narrow application scope,paid behavior proof is difficult,the exercise of effectiveness is not unified,and other issues.The second,third and fourth parts of this paper will combine with specific cases to analyze and summarize the exercise dilemma proposed in the first part and put forward their own views.The fifth part of this paper,on the basis of the above argumentation and predicament,puts forward its own Suggestions on the exercise of the creditor's right of cancellation,in order to help improve thesystem of creditor's right of cancellation.