Research on Relevant Issues Regarding the Creditor’s Right of Revocation in the Chinese Civil Code

Abstract

The creditor’s right of revocation is an important aspect of the debt preservation system. Regarding the legal effects of and approaches to realizing this right, there are various interpretations in the theoretical realm and inconsistencies in judicial practice. From a legal effects perspective, the creditor’s right of revocation in nature is not solely a right of formation, but also contains elements of a right of claim. In an action for the creditor’s revocation right, the creditor can simultaneously request the counterparty to assume the civil liability to the debtor as a result of the revocation of the act, such as returning property, providing compensation, or fulfilling overdue debts. In terms of the approaches to realizing the right, the creditors can directly apply for compulsory enforcement based on an effective judgment arising from their litigation or revocation litigation with the debtors to realize their rights against the debtors. Generally, there is no need for a combined exercise of the right of revocation with the subrogation right. However, in special circumstances, allowing the two rights to be exercised together can strengthen the protection for the creditors.