撤销权几个问题的探讨

撤销权是债务人从事危害债权人的行为时 ,债权人可依诉讼程序请求法院予以撤销的权利。撤销权的构成不应以债权是否到期为条件 ,其对象应该是财产类的法律行为 ,表现为债务人放弃到期债权、无偿转让或者以明显不合理的低价转让财产的行为。债务人的行为结果损害了债权并且导致债务人不能满足债权人的债权。在司法解释中 ,可考虑纳入债务人为他人提供担保、恶意逃避债务损害债权的行为。对于撤销权的期间 ,应去掉对债权人知晓的主观推定的规定 ,只规定债权人知道撤销事由之日和被撤销行为发生之日两种起算点。关于撤销权的行使 ,某些原则性问题尚未明确 ,在撤销权诉讼中显得无法可依。

Resarches on Several Problems of Resciding Right

Resciding right refers to a debtor who is doing something harmful to creditor..The creditor can ask the court to give resciding right according to the lawsuit process.The forming of resciding right will not depend on the condition whether the debt is due.It's subject must be law practice of property,which shows the action which the debtor gives up his due creditor's right、transfers with free or makes over his property at an unreasonable cheap cost.As a result the debtor can't satisfy with creditor's right.The debtor's offering his guarantee for others.his action of escaping from debt damage and creditor's right may take into consideration.Refering to the period of resciding right,the rule that the debtor's knowing should be removed.Some principle questions are still not maken sure about the enforcement of resciding right.The law doesn't say anything in the process of lawsuit. So the legislation should be improved.