依本章规定行使撤销权的,受赠人负返还动产的义务。
On revocation under this Chapter, the donee is obliged to return the goods.
自债务人的行为发生之日起五年内没有行使撤销权的,该撤销权消灭。
Such cancellation right is extinguished if not exercised within five years, commencing on the date of occurrence of the obligor's act.
自债务人的行为发生之日起五年内没有行使撤销权的,该撤销权消灭。
Such cancellation right is extinguished if not exercised within five years, commencing on the date of occurrence of the obligor 's act.
其虽为债权人行使撤销权提供了法律上的依据,但仅仅适用于合同债权的保全。
Although it provides the legal basis for the creditor to exercise its right of rescission, it is only applicable in the preservation of debts arising from contracts.
并对司法实践中一些不易把握的典型债权是否可行使撤销权进行了有针对的分析。
In addition, an analysis is especially made on whether the cancellation right of the obligee may be exercised or not for some typical creditor's rights which are hard to deal with.
第四,分析了先买受人撤销权的要件,得出本案先买受人不得行使撤销权的结论。
The fourth, analyze the conditions of the first vendee's right of rescission, then come to the conclusion that in this case the first vendee should not exert the right of rescission.
第二十六条债权人行使撤销权所支付的律师代理费、差旅费等必要费用,由债务人负担;
Clause 26 The necessary expenses incurred by the obligee in enforcing its cancellation right, such as attorney's fee and travel expenses, shall be borne by the obligor;
不动产双重买卖并非法律所禁止行为,但债权人(先买受人)在一定条件下可行使撤销权。
It is recognized that although real estate dual sales are not inhibited by law, the creditor (prior purchaser) could, under certain conditions, enforce the right of revocation.
债权人行使撤销权,其效力依判决确立而产生,并分别对债权人、债务人、相对人产生效力。
After the creditor performs recalling right, its force is to be established after the judgement, and has validity on the creditor, the debtor and the relative person.
我国《合同法》第74条、75条关于债权人撤销权制度,为债权人行使撤销权提供了法律上的依据。
The article 74 and 75 of the Chinese Contract Law in the legal fraternity provide bases in regulations for the creditor's right of revocation.
税务机关行使代位权、撤销权,在性质、方式、程序上与一般民事主体行使代位权、撤销权具有明显的区别。
There is quite different for tax authorities to practice subrogation and revocation in the nature, method and procedure from the original civil subject.
很显然,我国行政机关行使行政撤销权完全是自由的,不受任何的控制。
It is very obvious that administration offices freely perform the power of cancellation, which is not controlled in our country.
在产生重要错误场合,本文探讨了不允许表意人行使法律行为撤销权的几种情形;
Secondly, on the occasion of major error, this article discusses eight situations of not allowing exercising the right of withdrawing the legal act.
根据目前我国的法律规定,合同撤销权行使的后果有两种:返还财产和赔偿损失。
According to the regulation of our laws the implementation of Contract-Withdraw Right has two consequences:return property and repay loss.
在行权后果上,探讨了撤销权行使从对标的物的直接效力以及对再受让人的效力问题。
As for the consequences on the exercise of the right, it includes withdrawing from the subject matter of directly and the effect on the re-issue the assignee.
可见,赠与合同性质对于赠与人任意撤销权的行使意义重大。
Shows that the nature of the grant contract, grant any person the right to revoke the exercise of great significance.
第七十五条撤销权自债权人知道或者应当知道撤销事由之日起一年内行使。
Article 75 the right of rescission shall be exercised within one year from the day on which the creditor is aware or ought to be aware of the matters for the rescission.
赠与人的继承人或者法定代理人的撤销权,自知道或者应当知道撤销原因之日起六个月内行使。
The heir or legal agent of the donor shall exercise the right of revocation within six months after he became, or should have become, aware of the cause for revocation.
摘要可撤销法律行为在撤销权行使方法上存在诉讼撤销与自主撤销两种制度模式。
Abstract: There are two methods of the rescission of revocable civil juristic ACTS, juridical revocation and non-juridical revocation on one's own initiative.
任意撤销权的行使条件相对比较宽泛,在赠与物转移之前完全掌控在赠与人手中。
While consensual right of revocation has less stick conditions to apply, donors have right to decide whether to fulfill gift contracts or not before transferring gift to donnees.
撤销权的行使必须符合法定的成立要件。撤销权的行使对债权人、债务人、第三人都产生法律规定的效力。
The exercise of the right of rescission is to accord with legal essentials of establishment a nd its exercise takes legal effect on the creditor, debtor and the third party.
然后,通过研究债权人撤销权行使的方式、效力和范围等问题,提出一定的个人见解。
Then, through the study of the ways in which the obligee's right of revocation is exercised, its scope and its effect of application, this thesis presents some personal views.
然后,通过研究债权人撤销权行使的方式、效力和范围等问题,提出一定的个人见解。
Then, through the study of the ways in which the obligee's right of revocation is exercised, its scope and its effect of application, this thesis presents some personal views.
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