On The Creditor’s Right Of Revocation

The purpose of the creditor’s right of cancellation is restoring property of the debtor’s responsibility to ensure the realization of the creditor’s claim. Exceeded due to the creditor the right to revoke debt relative, can the third person to be valid, and to protect the interests of all creditors for the purpose, therefore, to protect the interests of creditors other than the system, the system of creditor protection is of great of significance. However, due to legislation and judicial interpretation of the provisions are too principled, in theory, many of the problems of the system also varies, resulting in the system is a reflection more of a declaration of significance, but there is little positive effect on practice. Therefore, it is necessary to the operability of the system for the detailed study and research.In theory, the nature of the creditors have the right to revoke the right to appeal right to say that and entities, which entity the right to say can be divided into four perspectives: the formation of the right to say, claim that the responsibility for that and compromise said. This paper argues that nature should be substantive rights, the right to form and claim both the nature of that entity the right to say that the compromise that best suits the purpose of the system more practical. For creditors the right to revoke the establishment of elements, the paper trying to creditors the right to withdraw from the main point of the relevant system to build more operational elements of the creditors the right to revoke the establishment of the system. From the main point of view, the creditor the right to revoke the constituent elements include: the elements of the claims of creditors in the debtor’s objective behavior and subjective elements of malicious elements, beneficiary, transferee’s subjective malicious elements. These are the acts of the debtor paid the creditor under the right to revoke the establishment of the elements, acts against the debtor’s unpaid creditors the right to revoke the establishment, not the debtor, the assignee’s beneficiary and the subjective element. Creditors on the exercise of the right to withdraw, I believe that the scope of the exercise to exercise its right to withdraw the claims of creditors enjoyed limited to the amount; creditors arising from the exercise of the right to revoke the effect of the absolute void, the debtor, the beneficiary, assignee, transfer have to be effective and creditors.