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In the light of “behavioral patterns of fraudulent conveyance” in provisions for creditor’s right of revocation by article 244 of Civil law, the diversity for its cases in practical, further to extend problems of many controversial issues which is worthy for discussion. This article aimed at the “event of agreement for revocation in partition succession” type of fraudulent conveyance, in which the core issue lies with the contradiction generated between the inner “personality freedom in partition succession” from debtors and other heirs, and the outer “protection of right” from the creditor. How to tradeoff or leverage the two in the evaluation of law, which is indeed the conundrum for courts to be test for. Hence, according to many controversial conundrum induced by the above practices, this article apart from theoretical research, moreover to use evidence-based research method, by collecting and analyzing judgements from courts, further to bring out problems of relative issues and to summarized and organized the theoretical context within, hoping to observe the focal point of disputes and their context in an evidence-based way, to clarify the theoretical system throughout every judgement, meanwhile based on the evidence-based analysis to anticipate that, in a complete presentation of the observed theories and judgement phenomenon in practical on one hand, and through the result of empirical investigation on the other, in hope to given practical suggestions according to the current system, theory of interpretation or legislation. |