What does the cancellation right mean?

Question 1: What do you mean? Five-point revocation right, also known as revocation right, refers to the right of creditors to request the court to revoke their property or rights when the debtor and others dispose of them, endangering the realization of creditor's rights. In other words, the debtor and the third party have committed some acts that damage your creditor's rights, and you can ask the court to cancel their acts.

Civil acts against omission debts.

The debt of omission refers to the debt whose payment content is whether the debtor should act as it. Because past actions are inaction, you can't undo them.

A civil act aimed at providing services.

A civil act aimed at providing services. For example, A should go to work every day and pay off your debts on time. But yesterday A went to a third person's house to help move, delayed his work and was deducted from his salary. However, you can't exercise the right of cancellation because labor is not like money. Money can be repaid by a third party to the other party, but the labor service can't be returned.

Refuse property rights and interests

A owes you money, and the third person wants to give it to A for nothing. If A refuses, you can't cancel A's behavior.

An act that takes property rights that cannot be seized as the subject matter.

A gave his necessities to a third person, and you can't ask to cancel the gift, because even if A can't pay the bill when it is due, you can't enforce his necessities.

Question 2: What do subrogation and revocation mean? Simply put, subrogation is generally embodied in creditor's rights and debts, that is, a third party can directly demand performance from the debtor's creditors. For example, A owes B money, B owes C money, and C can directly ask A for information. However, the acquisition of subrogation generally requires that both creditor's rights are due, B deliberately does not take the initiative to ask for it from A, and C can exercise it after suing the court, but it cannot be exercised naturally.

The right of revocation is a substantive right exercised by the creditor in his own name. The right of cancellation refers to the right of the creditor to claim the cancellation of the debtor's behavior with a third party in his own name in order to protect his own interests when the debtor abandons the due creditor's rights and transfers the property for free, which harms the creditor's interests, or when the debtor transfers the property at an obviously unreasonable low price, which harms the creditor's interests and the assignee knows it. For example, A owes money to B and B and C, and B thinks that the money A wants to pay still needs to be paid back to C, so he says to B, I don't want you to pay back, so that C can exercise its cancellation right when B has no other property to pay back C's money ... However, it is also necessary to sue first and submit it to the court.

Question 3: What is the creditor's cancellation right? To put it simply, the creditor's cancellation right means that someone else still has to buy a house by himself if he can't pay back the money he owes you. In order to ensure that he can pay you back, you ask the court not to allow him to sell the house. The significance of rigor is as follows:

The creditor's right of cancellation, also known as "cancellation right" or "cancellation right", refers to the creditor's right to request the court to cancel the lawsuit in order to preserve the creditor's right when the debtor's behavior of reducing its property endangers the realization of the creditor's right.

Question 4: What do you mean by revocation? cancel

[chè xiāo]

Chinese vocabulary

More meaning

Cancel means cancel; Legally cancelled. The tenth time comes from Xu's Popular Romance of the Republic of China: "Tang Nanxia formed a cabinet, and Nanjing * * * has admitted to withdrawing it."

Question 5: What does this cancellation right mean? Please give an example. Thank you. A bona fide third party is a counterpart who has no right to act as an agent. It should exercise the right of revocation before the principal approves the agent's behavior.

Question 6: What is the meaning of cancellation right in contract law and what are the conditions for exercising it (1)? The right of cancellation is mainly applicable to three situations: first, it is applicable when the expression of intention is defective (such as the request to cancel the contract caused by fraud); Second, it is applicable to situations where the parties have the right to go back on their word (such as revoking the gift); Third, it is applicable to the situation of denying the legal relationship between the debtor and the third party (such as the right of preservation and cancellation stipulated in Article 74 of the Contract Law). The right of revocation mainly applies to three situations: first, when the relative party breaches the contract significantly; Second, when force majeure occurs; Third, when the subjective conditions of the parties change (such as the right to terminate at will as stipulated in the contract law).

(2) The right of revocation applies to unilateral acts and bilateral acts; The right of cancellation applies to the contract (the behavior of both parties).

(3) After the revocation right is exercised, the revoked legal relationship is eliminated from the beginning; After the cancellation right is exercised, the validity of the contract shall, in principle, disappear from the beginning, but it may also disappear from the date of dissolution.

(4) The right of revocation is the right of formation and should be limited by the limitation.

(5) The right of cancellation is legal, which can be divided into legal right of cancellation and intentional right of cancellation.

(6) The right of revocation is divided into the right of simple formation and the right of appeal; In principle, the right of revocation is a simple right of formation.

Question 7: What's the difference between recall right and cancellation right? The right of recall usually means that a person is deprived of certain rights and reduced from a high position to a low position.

Revocation right-usually refers to the revocation of things, complaints, etc.

Question 8: China's General Principles of Civil Law does not stipulate the elimination of the right of revocation. Article 55 of China's "Contract Law" stipulates: "In any of the following circumstances, the right of revocation shall be extinguished; (1) The revocation right holder fails to exercise the revocation right within one year from the date when he knows or should know the reasons for revocation; (2) The party with the right to cancel expresses or waives the right to cancel by his own behavior after knowing the reasons for cancellation. " This article stipulates two reasons for the extinction of the right of revocation, namely, the passage of time and the creditor's waiver of the right of revocation. The one-year period stipulated in the first paragraph of Article 55 of China's Contract Law that "the revocation right holder has not exercised the revocation right within one year from the date when he knew or should have known the reasons for revocation" belongs to the period when the revocation right was extinguished. The predetermined period is the period during which the right exists, that is, during this period, the right exists, and after this period, the right disappears. From the point of view of the extinction of rights beyond this period, the scheduled period is also the period of extinction of rights. There are two kinds of starting dates of the agreed period: 1. If one party coerces the other party to conclude a contract against its true meaning or takes advantage of the danger of others to conclude a contract, the cancellation right shall be calculated from the date when the contract is established. Because in these cases, the parties will know the existence of the reasons for cancellation when concluding the contract. If they don't know, there will be no problem of coercion or taking advantage of others' danger. 2 Contracts concluded by fraudulent means, as well as contracts concluded in obviously unfair due to major misunderstandings, shall be counted from the date when the parties know, should know that they have been defrauded, or know, should know the major misunderstanding or the facts of obviously unfair. The so-called should know, including according to the situation and conditions at that time, the parties should know the existence of the cause, even if they don't know, it is due to fault. Article 74 If the debtor abandons the due creditor's rights or transfers the property for free, thus causing damage to the creditor, the creditor may request the people's court to cancel the debtor's behavior. If the debtor transfers the property at an obviously unreasonable low price, causing damage to the creditor, and the transferee knows the situation, the creditor may also request the people's court to cancel the debtor's behavior. The scope of revocation right is limited to creditor's rights. The necessary expenses for the creditor to exercise its right of cancellation shall be borne by the debtor. Article 75 The right of revocation shall be exercised within one year from the date when the creditor knows or should know the reasons for revocation. If the debtor fails to exercise its cancellation right within five years from the date of the debtor's behavior, the cancellation right shall be extinguished. After a period of more than one year, the cancellation right is extinguished, and the right holder may not exercise this right again. The right of revocation is a civil right enjoyed by the obligee. Whether to exercise this right is the freedom of the revocation right holder. The law will not interfere if the revocation right holder waives the revocation right. Therefore, the second item of Article 55 of China's Contract Law regards "the party who enjoys the right of cancellation, after knowing the reasons for cancellation, explicitly expresses or gives up the right of cancellation by his own behavior" as one of the reasons for the elimination of the right of cancellation. If the revocation right holder expressly waives the revocation right, it shall make it clear to the counterpart that if the revocation right is waived through behavior, the waiver shall take effect from the date of completion.

Question 9: What are the right of notification and cancellation? It refers to the right of the relative person of a civil act with undetermined validity to inform right of ratification people of the fact that the civil act is invalid, and urge them to make a clear statement of ratification or refusal to ratify within a certain period of time. Revocation right: refers to the right of the opposite party of a civil act with undetermined effect to voluntarily revoke its expression of will. If the decision-making power of a civil act with undetermined validity is completely controlled by right of ratification people, the counterpart can only obey its orders, which is unfair to the counterpart. For example, if right of ratification people delay or refuse to express the intention of ratification, the property relationship agreed in the act with uncertain effect will be in an uncertain state for a long time, which is extremely unfavorable to the counterpart, especially when the act has been performed. Therefore, in order to protect the interests of the counterpart fairly, the law not only gives right of ratification people the right to enjoy right of ratification, but also gives the counterpart the right to demand and revoke right of ratification. (The "counterpart" here refers to the related party who has entered into a contract with a person with limited capacity for civil conduct, an unauthorized disposition, an unauthorized agent or a debtor.