The Enforcement Of Right Of Rescission Regarding Fraudulent Sale To The Third Party

This paper will focus on the issue whether creditor could exercise right of rescission and how to exercise this right combining the regulations of the fraudulent sale to the third party.Comparing related laws in German,France,Japan and Chinese Taiwan to laws and practices in China,and related regulation such as subrogation right,bankruptcy revocation right,Bona Fide Purchaser,lease's superiority to subsequent sale,the author will analyze the execution of right of rescission in different types.Because there are lots of differences in exercises of right of rescission by different categorized creditors,the author tries to define the practice of right of the rescission in the interpretative theory perspective.Following is the introduction of the structure of the paper:Article one mainly introduces elements and relations of right of rescission and fraudulent sale to third party,which helps the reader to understand whole picture of the paper.Article two will focus on different resolutions and attitudes toward creditors' right of rescission in different jurisdictions from the perspectives of legislation,judicial system,and legal philosophy.Article three will deal with the categories and the standard of categorization of creditors' right of rescission;Section one will analyze and classify the types of the right of rescission by the method of the graphs.Section two and three will dig into two specific categories of creditors' right of rescission by analyzing and explaining them thoroughly.The conclusion article will sum up main topics and research results in all articles.