Author: Lawyer Zhou Jun.
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Special reminder: If the party concerned does not exercise the right of revocation within one year from the date on which he knew or should have known the reasons for revocation, the right of revocation shall be extinguished.
Mr. Zhang sued Mr. Wang, the debtor who owed the money and did not pay it back, and Mr. Zhang applied for enforcement after the court ruled in favour. After the court's enforcement system checks, the person subject to enforcement has no property in his name, and the final copy is required.
Mr. Zhang did not believe that the person subject to enforcement had no property, so he hired a lawyer to conduct an investigation, and through the analysis of the judgment debtor's bank statement and real estate transaction information, it was found that the person subject to enforcement had donated bank deposits and real estate to his children during the trial of the case.
After giving feedback to the court on the investigation, the court explained to Mr. Zhang that the execution should be revoked by exercising the right of revocation before the execution could be continued.
During the epidemic, Mr. Zhang did not file a lawsuit for the right of revocation, and when the epidemic was over and the lawyer filed the case, the lawyer told him that the time limit for exercising the right of revocation was only one year, and now it had expired and could not be revoked.
In practice, it is common for one party to have debts and transfer property in its name to a third party in order to avoid enforcement. The Civil Code clearly stipulates that such acts are invalid and the creditor may exercise the right of revocation. So how do you exercise your right of withdrawal?
Creditors should pay attention to the following points when exercising the right of avoidance:
1. The right of revocation must be asserted by way of litigation.
2. Evidence shall be adduced to prove the following:
1.A valid claim against the debtor.
2.The debtor has committed an act of disposing of property.
3.The debtor's improper conduct affected the realization of its claim.
3. The revocation is the debtor's act of disposing of property, and the repayment of the creditor's rights needs to be claimed separately.
4. The scope of the exercise of the right of avoidance shall be limited to the creditor's claim.
5. The right of revocation can be exercised for a period of only one year.
If you need help, you can send a private message, and you will be answered if you have any questions
[Legal basis].
Article 152 of the Civil Code 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, or within 90 days from the date on which the party with a major misunderstanding knew or should have known the reasons for revocation;
2) The party concerned is coerced and does not exercise the right of revocation within one year from the date of termination of the coercive act;
3) The parties expressly express or express their waiver of the right of revocation after knowing the reasons for revocation or by their own conduct.
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.
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