On The Creditor The Right To Revoke System

The rescission right of the creditor - an ancient obligation-preserving system originated in Roman Law in which it was called"actio revocatoire", provided for by article 74, 75 in Contract Law for the first time in our country, had formally established a system of the avoidance of creditors. As different perceptions both in theory and practice of profession are still existed, the author chooses this topic for an initial research.This paper starts with the concept, nature, and the theoretical basis of rescission right of the creditor, references the theories and stipulations of the law abroad and in the district of Taiwan, and analyzes the subjective components of valid rescission rights, the processes and effects in performing the rescission right, then, bases on the above and links with practice in our country, it analyzes the legislative shortages of our country's Contract Law and puts forward proposals for perfection.This paper is divided into seven parts: introduction, summary analysis of the system of the rescission right of the creditor, property analysis of the rescission right of the creditor, legal requirements of the rescission right of the creditor, exercise of the rescission right of the creditor, effects and consequences of exercising the rescission right of the creditor, conclusion.The Author, through this paper, believes that our country's enforcement of the relevant provisions should be improved to construct creditor avoidance system. Scope of the rescission right of the creditor is to be expanded and also, requirements from the creditor can be made directly to the beneficiary or assignee to return property or benefits and the creditor should have compensation priority. In proceeding, the acts party is to be the defendant, while the third party who has interest in verdict removed litigation is to be the one who has no independent request.