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What is the nature of the creditor's cancellation right

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What is the nature of the creditor's cancellation right


        

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  • 2024-05-23 12:01:30

    1、 Claim theory. The essence of the right of revocation is the right of the third party who has interests due to the debtor's behavior to claim the benefits obtained by him. According to this, an action for revocation is an action for payment;

    2、 The right to form. The right of cancellation is to make the legal act between the debtor and the third party retroactively disappear according to the creditor's intention. According to this, the action for cancellation is a formative action;

    3、 Responsibility. The creditor does not need to request the beneficiary to return the interests, that is, it can regard it as the debtor's liability property and apply to the court for enforcement.

    [Legal Basis]

    Article 74 of the Contract Law states that if the debtor waives its creditor's right that is due or transfers its property without compensation, thereby harming the creditor, the creditor may request the people's court to rescind the debtor's act. If the debtor transfers the property at a low price that is obviously unreasonable, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to rescind the debtor's act. The exercise scope of the cancellation right is limited to the creditor's rights. The necessary expenses for the obligee to exercise its cancellation right shall be borne by the obligor. (The Contract Law will expire on December 31, 2020)

    In Article 540 of the Civil Code, the exercise scope of the cancellation right is limited to the creditor's rights. The necessary expenses for the obligee to exercise its cancellation right shall be borne by the obligor. (The Civil Code will come into force on January 1, 2021)

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