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On the Creditor’s Right of Revocation

Author: ChenJiaRong
Tutor: DaiYongSheng
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Revocation Legal nature Relative revocation Revocation range
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 126
Quote: 2
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Abstract

Creditors' right to revoke originated in Roman law, when a debtor in order to reduce their property damage claims is achieved, the creditor may ask the court for the preservation of the creditor's right to be withdrawn, has now been established in most countries to achieve a secured creditor Important legal systems. But countries vary revocation right theory, with the development of jurisprudence, national revocation system showing a significant difference. China's \Therefore, it is necessary to revoke the right of the creditor countries in the theory and legislation, in particular the different perspectives and theories to systems analysis and feasibility studies, wish to revoke the right of the creditor to provide a reference legislation. Withdrawal rights system in the design process, we should take into account the right to revoke the logical construct the system itself, meanwhile, in the protection of creditors, based on the debtor's property management freedom, beneficiaries and spins transaction security protection of people and when the creditor event of a dispute between the maintenance creditor equal to what extent other aspects to be considered on the basis of the protection of creditors necessary to meet the practical operation, but also to a certain extent, safeguard the freedom and security of trade, balance of interests between the parties. About creditor avoidance, first we must first understand the concept of revocation, the first chapter is from the creditor the right to revoke a different meaning starting to question and discussion, and to recognize the right to revoke the creditor is necessary to understand the legal nature of creditors' right of revocation This is the right to revoke the difficulties in the system, a clear understanding of its essence not only help us to understand and distinguish between national legislation, but also contribute to our creditors right to revoke System. The second chapter to various creditors the right to revoke the nature doctrine to be introduced, the focus is to contact the national legislation and the theoretical system construction from the logic of the various doctrines Discrimination. Through demonstration and comparison of the current situation in our country legislation, institutional theory of mining on the revocation of the right to speak more properly compromise. This paper argues that the creditor the right to revoke the substance of that revocation of the debtor's fraudulent conduct and damage to confer the status of the debtor's creditors, the creditors the right to revoke the effect is due to the legal consequences arising from withdrawal and revocation of rights conferred by the creditor under the dual role of qualifications result, people are usually revoked consistent with the understanding of the system also ensures the right to revoke the internal logic and consistency. The third chapter, based on the nature of the right to revoke, withdraw further discussion of the subject and object and the withdrawal of the complaint of the defendant. Subject of the right of revocation, cancellation right person to settle claims if the arrival of the necessary related to the scope of protection of creditors, also related to the revocation of all the results. Revocation of the object, countries theories vary, but our contract law obviously too narrow, it is necessary to expand, this theory also has been controversial discussion of several special circumstances put forward their views. Withdrawal of the complaint of the party depends on the nature of the right of withdrawal, the paper said a compromise on the basis of procedural law on the introduction of a third party system, in order to theory and practice of science. This chapter focuses on the scope of the exercise of withdrawal and revocation of effectiveness. Our legislation clearly stipulates the scope of exercise of the right to revoke the claims of creditors is limited, many scholars have contended that for all its creditors contrary to the common purpose of the guarantee and the right to speak and to form a compromise between the main rebel said to exist theory, and some even proposed limited range inevitably lead to revocation of the right to first refusal. I believe that should be from a theoretical and practical level system demonstration: First, the author introduces the theory of relative withdrawal from the human aspects and financial aspects to Comment on two levels. From the national perspective of the development of the legislation, the scope of the exercise will be revoked both limited in practice a necessary requirement, but also the interests of the measurable results. Finally, the paper discusses the effect of the creditor the right to revoke, by further argument insists storage doctrine, which is common for all creditors, secured the ultimate expression, the author suggested legislative procedural law more from the start, given the opportunity to participate in the distribution of other creditors, although may protect the interests of all creditors.

On the Creditor’s Right of Revocation

Abstract

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