What is the right of formation? Can you give an example?

However, if the debtor fails to honour the payment, the creditor will usually have to enforce its rights through enforcement by the State authorities. In contrast to the right of claim, the law allows the subject of the right to take unilateral action in relation to a legal relationship in certain circumstances. In the event that the obligor fails to perform a claim, it must be compelled to perform by coercive force.

Here, it's a different story. The action of the rights subject does not require the involvement of another person. This right is the right of formation.

The provisions on the exclusion period shall apply to the formation right, and the provisions on the statute of limitations shall not apply. The right of formation has the following characteristics: the exercise of the right of formation is manifested as a unilateral act; The unilateral expression of intent will take effect once it reaches the other party; The effect does not require the other party to perform some kind of auxiliary act or joint act, and a legal relationship can be formed according to the will of one party; The right of formation cannot be transferred separately from the original right to which it is attached; The existence of the right of formation has a certain period of exclusion, and the right of formation shall not be subject to conditions and periods.

The right of formation refers to the right of one of the parties to change the legal relationship by his own behavior, which is also called the right to be able to do and the right to change. The main characteristics of the right of formation are that the right holder can exercise the right of formation with its own expression of will, so that the legal relationship can occur, change or be terminated.

There are three kinds of formation rights according to their functions: the formation right that can make the legal relationship occur, such as the right of recognition of the behavior of the person without the right to **; There is a right to form a legal relationship that can be changed, such as the option of a debt of choice; There are forms that can terminate the legal relationship, such as the right of revocation and the right of set-off. ——Wang Liming, Guo Mingrui, Fang Liufang, New Theory of Civil Law (I), China University of Political Science and Law Press, 1987, pp. 130-131.

Legal analysis: 1. The right of formation in the property law (1) the right of formation of creditor's rights The right of retrospective, the right of rescission, the right of modification, the right of abandonment, the right of exemption, the right of revocation, the right of withdrawal, the right of set-off, the right of option, the right of termination, the right to buy, the right of pre-emption of the lessee, the right to request for the increase or decrease of liquidated damages, the right of choice, the right of pre-emption, the right of pre-emption of partners when transferring partnership property to other partners, and the right of pre-emption of shareholders when transferring equity to other shareholders (Note: the right of demand is not the right of formation).

2) The right to form property rights: the right to abandon ownership, the right to abandon other property rights, the right to request the division of common property, and the right to redeem pawn rights. 2. The right to form a slag stool in the identity law (1) The right to form a pure identity The right to revoke the marriage contract, the right to annul the marriage, the right to request divorce, the right to deny legitimate children, the right to claim the children, the right to resign from guardianship qualifications, and the right to withdraw the will. (2) The right of formation of both identity and property The right of the heir to renounce the right of inheritance, the right of the legatee to the right of bequest, the right to divide the estate, etc.

3. Procedural Right of Formation Based on whether it needs to be confirmed through legal procedures, the right of formation can be divided into simple right of formation and right of action. The simple right of formation refers to the right of formation in which the exercising party notifies the counterparty of the expression of intent to produce the effect of a change in the legal relationship. The formation of the right of action means that the change of legal relationship must be adjudicated and recognized by the court or arbitration institution in accordance with the corresponding legal procedures.

The law defines those with a significant stake as having a right of action. 4. Statutory and Intentional Formation Rights From the perspective of statutory and intentional formation, the formation rights can be divided into statutory formation rights and intentional formation rights. The legal right of formation refers to the right of formation that arises directly in accordance with the provisions of the law, and can be exercised as long as the legal facts are completed.

The right of formation refers to the right of formation that can be exercised when the parties reach an agreement on the expression of intent and achieve the content of the agreement. In addition to the form of consanguinity, the right of formation also includes the right of commitment unilaterally created by one party, such as the right of commitment.

Legal basis: Article 152 of the Civil Code of the People's Republic of China: In any of the following circumstances, the right of revocation shall be extinguished: (1) the party has not exercised the right of revocation within one year from the date on which the party knew or should have known the reasons for revocation, and within 90 days from the date on which the party with a material misunderstanding knew or should have known the reasons for revocation; (2) The party is coerced and does not exercise the right of revocation within one year from the date on which the coercive act is terminated; (3) After the parties know the reasons for the revocation of Sun La, they clearly express themselves or express their own behavior to waive the right of revocation.

Where a party does not exercise the right of revocation within five years from the date of occurrence of the civil juristic act, the right of revocation is extinguished.

1. In terms of exercise, it is manifested as a unilateral act, that is, one party can exercise the right alone, and the other party does not need to make some auxiliary acts or joint acts;

2. The unilateral intention takes effect after reaching the other party, and the exercise of the right of formation means that it can be revoked but cannot be revoked;

3. The right of formation cannot be separated from the subsidiary original right and transferred separately;

4. The existence of the right of formation has a certain exclusion period, and no conditions and periods shall be attached.

The main types of formation rights are: the right of rescission, the right of change, the right of retrospective recognition, the right of revocation, the right of revocation of gifts, the right of hail, the right of choice, the right of set-off, the right of inheritance and the right of intervention.

Legal basis: Civil Code of the People's Republic of China

Article 562 The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. In the event that the cause of rescission of the contract occurs, the person with the right to terminate the contract may terminate the contract.

The right of formation refers to the right to create, modify or terminate a legal relationship according to the unilateral expression of the intention of the right holder. The characteristics of the formation of the right are as follows: (1) it is manifested as a unilateral act in the exercise, that is, one party can exercise the right alone, and there is no need to ask the other party to make an auxiliary act or a joint act; (2) A unilateral expression of intent is effective when it reaches the other party, and therefore, the expression of intent to exercise the right of formation may be withdrawn but not revoked; (3) the right of formation cannot be transferred separately from the original right attached to it; (4) The existence of the right of formation has a certain period of exclusion, and no conditions and periods shall be attached.

The main types of formation rights are: the right of rescission, the right of modification, the right of retrospective recognition, the right of revocation (the right to revoke the contract, the right to revoke the offer), the right to revoke the gift (arbitrary revocation, statutory revocation), the right of option, the right of set-off, the right of abandonment of the inheritance right, and the right to intervene. Article 562 of the Civil Code provides that the parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

1. The right of formation refers to the right of the right holder to change by the expression of his own will;

2. Contrary to the right of claim, under certain circumstances, if the obligor fails to perform a certain right of claim, it must be forced to perform by coercive force;

3. The exercise of the right of formation is manifested as a unilateral act;

4. The unilateral expression of intent will take effect once it reaches the other party;

5. The effect does not require the other party to make some kind of auxiliary act or joint disorderly act, and the relationship can be formed according to the will of one party;

7. The existence of the right of formation has a certain period of exclusion, and the right of formation shall not be subject to conditions and periods.

1. Whether the counterparty's right to demand in a contract whose validity is pending is the right of formation.

Not a right of formation. The right of formation refers to the right to change (arise, change, or terminate) the legal relationship in accordance with the unilateral act (expression of intent) of the right holder. The right of formation is the right to form a legal relationship.

The exercise of the right of formation shall notify the counterparty, but it does not rely on the counterparty's expression of intent, and the counterparty's disagreement does not affect the effectiveness of the exercise of the right of formation. The right to demand refers to the right of a third party to inform the person being ** or the person with limited capacity for civil conduct of the statutory ** person within a certain period of time whether to exercise the right of retrospective recognition and the right to give a clear reply. The right to demand is a type of right to request.

2. The difference between the right of revocation and the right of rescission.

1) The right of revocation mainly applies in three cases:

1. It is applicable when the expression of intent is defective (such as requesting the revocation of a contract arising from fraud);

2. It is applicable to the situation that the party has the right to repentance (such as revocation of gift);

3. It is applicable to the denial of the legal relationship between the debtor and a third party.

2) The right of rescission mainly applies to three situations:

1. When the counterparty is in material breach of contract;

2. In the event of force majeure;

3. When the subjective conditions of the parties change (such as the right of arbitrary termination stipulated in the Civil Code).

c) the right of revocation applies to both unilateral and bilateral acts; The right of rescission applies to the contract (acts of the parties).

4) After the exercise of the right of revocation, the legal relationship that has been revoked shall be extinguished ab initio; After the right of rescission is exercised, the validity of the contract shall be extinguished ab initio in principle, but it may also be extinguished from the date of rescission.

5) The right of revocation is a right of formation and should be limited by the period of rejection.

6) The right of revocation is statutory, and the right of rescission is divided into two types: statutory and voluntary.

7) The right of revocation is divided into a simple right of formation and a right of action; In principle, the right of rescission is a simple right of formation.

Legal Analysis: Formation rights include property law formation rights, identity law formation rights, procedural formation rights, and formation rights statutory and intended formation rights. the right to form creditor's rights, including the right of retrospective, the right of rescission, the right of modification, the right of abandonment, etc.; The right to form a pure identity, including the right to revoke the marriage contract, the right to repent, the right to annul the marriage, and the right to request divorce, etc.; The right of formation can be divided into a simple right of formation and a right of action, and whether it needs to be confirmed through legal procedures as a standard.

Legal basis: Civil Code of the People's Republic of China

Article 1121 Succession begins upon the death of the decedent. Where several persons who have a relationship of inheritance with each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs dies first. There are other heirs, and the generations are different, and it is presumed that the elders died first; If they are of the same generation, they are presumed to have died at the same time, and no inheritance occurs between them.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

The right of formation refers to the right of the actor to cause the occurrence, modification or termination of a civil legal relationship by virtue of his or her unilateral expression of will.

The right of formation is the right to occur, change or extinguish the right according to the unilateral expression of the right holder's will. Its uniqueness lies in the fact that as long as there is an expression of intent on the part of the right holder, it is sufficient for the right to have legal effect. The right of revocation, the right of rescission, the right of retrospective recognition, the right of set-off, etc., are all rights of formation.

The right to request is the right of a specific person to request a specific person to do a certain act or not to do a certain act. The claimant cannot directly control the object of the right, and the realization of its right depends on the assistance of the obligor, which has no exclusive effect. Claims are typical claims.

Although property rights, personal rights, and intellectual property rights are the right to control, when they are infringed, they need to be remedied by the right of claim, so the status of the right of claim in civil rights is very important.

If you want to have an intuitive feeling, it's simple.

The right to request is the right to request that another person do or refrain from doing something.

The right of formation refers to the right of one of the parties to change the legal relationship by expressing his or her unilateral will.