Study Of The System Of The Creditor's Canceling Right

The value of creditors'canceling right lies in resuming the responsibility property that is reduced improperly because of active behavior of debtors, and protecting the creditors'interests."Contract Law"of our country stipulates canceling right of creditors, and set up modern system of the canceling right. Production of this system in our country has deep foundations: (1) It is the inherent requirement for the principle of honesty and trustworthiness that we establish the system; (2) Establishment of this system is for overcoming the deficiency of the relieve system to creditors'rights, and guarantee the realization of creditors'rights; (3) The establishment of the system meets the need that society should prevent debtors to escape debt, and is effective legal means of ensuring creditors'rights to realize.The property of the canceling right of creditors'rights is different from that of canceling right about order,canceling right about contract being undetermined,canceling right about contract that can be canceled,canceling right about gift, and there is a very large difference between them, and they form the right system of civil canceling rights together. Regarding the property of creditors'canceling right, there are two views: entity right and procedure right. In the view of entity right, there are four kinds of main views: the right to ask for something,the forming right,the responsibility say,and the mediate view. The most desirable is the mediate view among them. The creditors'canceling right is composed of subjective documents and objective documents. Its objective documents include: (1) The debtor must implement the certain behavior of dealing with property; (2) The debtor's behavior must be done after creditor's rights are tenable and continue existing; (3) The debtor's behavior must be harmful to creditor's rights. Regarding its subjective documents, laws and theories of various countries maintain that there should be a difference because of the difference of free behavior and paid behavior. In addition, I also analyze enforcement way,range,effect of the creditor's canalling right and the parties of canceling right suit. Certain defect exists yet in our legislation regarding the creditor's canceling right, and we should legislate to revise and complete it.