Gläubigeranfechtung in China

Knut Benjamin Pißler's objective is to answer the question of the origin of Chinese civil law as exemplified by the right of revocation, which enables the creditor to rescind certain acts of his debtor which would diminish the debtor's assets. The author compares Chinese law before the establishment of the PR China in 1949 with the right of revocation enacted in Chinese contract law in 1999. He also questions whether jurisprudence and the academic discussion in the Republic of China on Taiwan influences the legislation in the PR China, and shows that the codification of Chinese civil law has been influenced by German, French and Japanese law. However, legislation, jurisprudence and the academic discussion in China modified the foreign archetypes, leading to a right of revocation with distinct Chinese characteristics. Major questions on how to regulate this right were settled early in the Qing dynasty and are still visible in today's Chinese legal system.