Whether the judgment in favor of the right of revocation can be applied for enforcement

The right of revocation may be applied for enforcement in the judgment in favour of the lawsuit. If the person subject to enforcement does not enforce the court's revocation ruling, the other party may apply to the court for compulsory enforcement and let the court enforce the revocation decision.

Legal analysisThe right of revocation refers to the fact that when the debtor waives its due creditor's rights or transfers its property free of charge, causing damage to the creditor, the creditor may request the people's court to revoke the debtor's act. If the debtor transfers property at an obviously unreasonable low price, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to revoke the debtor's act. The establishment of the right of revocation shall generally meet the following requirements:

1. The debtor must have carried out certain acts that are harmful to the creditor's claim. First, the debtor has carried out certain legal acts of disposing of property; secondly, the debtor's legal act of disposing of the property has taken legal effect; Thirdly, the debtor's legal act of disposing of property has caused or will seriously damage the creditor's right, that is, the debtor's legal act of disposing of property has caused or will cause the creditor's claim to be unrealizable. 2. The debtor and the third party must have bad faith when acting in a legal act.

The revocation of a compensated act is based on bad faith; The revocation of gratuitous acts does not require malice as a necessary element. Types of revocation rights: 1. For contracts concluded by persons with limited civil capacity, the bona fide counterparty may exercise the right of revocation before the contract is recognized.

2. For a contract concluded in the name of the person without the right to be recognized, the bona fide counterparty may exercise the right of revocation before the contract is recognized. 3. If one of the parties to the contract concludes the contract contrary to its true intention due to major misunderstanding, obvious unfairness, or one party uses fraud, coercion or taking advantage of the danger of others, the injured party may exercise the right of revocation. 4. If the debtor waives its due creditor's rights and transfers or disposes of its property free of charge or at a low price, the injured creditor has the right to exercise the right of revocation.

Legal basisArticle 236 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

According to article 254: "The subject matter of enforcement shall be property or conduct. The right of revocation is an act and is usually based on the property or subject matter of the contract, so it is enforceable.

In fact, according to the law, as long as it is a legally effective civil judgment or ruling, the parties can apply to the court for compulsory enforcement.

Hello, if the debtor's transfer is revoked by the court, the property rights will be returned to the name of the original assignor.

The people's court can directly enforce the property to pay off the debtor's debts to the creditor.

The creditor can provide this lead to the enforcement judge.

Legal analysis: The case has entered the enforcement stage, indicating that the case has been tried and the relevant legal documents have taken effect, and the withdrawal of the lawsuit will no longer be involved, but the application for enforcement will be revoked. In accordance with the relevant laws and regulations, if the applicant applies to the court to revoke the enforcement measures, the Congxiao Court may rule to terminate the enforcement.

Legal basis: Article 257 of the Civil Procedure Law of the People's Republic of China In any of the following circumstances, the people's court shall rule to terminate enforcement: (1) the applicant withdraws the application; (2) The legal document on which enforcement is based has been revoked; (3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation; (4) The person with rights in a case of recourse for alimony, alimony, or child support is deceased; (5) The citizen who is the person subject to enforcement is unable to repay the loan due to difficulties in life, has no income**, and loses the ability to work; (6) Other circumstances where the people's court finds that enforcement should be terminated.

Legal analysis: According to the provisions of the Civil Procedure Law, if the applicant applies to the court to revoke the compulsory enforcement measures, the court may rule to terminate the enforcement, so the compulsory measures can be revoked.

Legal basis: Article 257 of the Civil Procedure Law of the People's Republic of China: In any of the following circumstances, the people's court shall rule to terminate enforcement:

1) The applicant withdraws the application, (2) the legal document on which the enforcement is based is revoked, (3) the citizen who is the person subject to enforcement dies, has no estate to be enforced, and has no obligation, (4) the person entitled to the case of recourse for alimony, alimony, or child support is deceased, (5) the citizen who is the person subject to enforcement is unable to repay the loan due to living difficulties, has no income, and has lost the ability to work, (6) other circumstances where the people's court deems that enforcement should be terminated.

The statute of limitations shall not apply to the lawsuit of the right of revocation, and the reprimand period shall be applied, which shall be specified as follows: the period of the right of revocation shall be one year and five years, and if the creditor knows the reason for revocation, it shall be one year from the date of knowledge. If the creditor does not know the reason for the revocation, it is five years from the date of occurrence of the civil juristic act.

At the expiration of the period, the party's right of revocation is extinguished. or if the parties have known the reasons for revocation and have expressly expressed or demonstrated by their own conduct that they have waived the right of revocation, that is, the parties' right of revocation is also extinguished.

Article 152 of the Civil Code shall extinguish the right of revocation under any of the following circumstances: (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 is coerced and does not exercise the right of revocation within one year from the date on which the coercive act is terminated; (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. If a party fails to exercise the right of revocation within five years from the date of occurrence of the civil juristic act, the right of revocation shall be extinguished.

Legal analysis: 1. Withdraw and withhold the respondent's labor income such as savings deposits or wage judgments. If the unit to which the person subject to enforcement belongs is requested to assist in deducting it from the salary on a monthly basis;

2. Sealing, seizing, freezing, or selling the respondent's property. This refers to the fact that after the property is sealed or seized, the executor orders the person subject to enforcement to perform the obligations determined by law within a specified period. If performance is not made within the time limit, the court may, in accordance with regulations, hand over the sealed or seized property to the relevant unit for auction or purchase.

Match coarse. Legal basis: Civil Procedure Law of the People's Republic of China

Article 243:Where the person subject to enforcement fails to perform the duties specified in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the portion of the income that the person subject to enforcement shall perform on its obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.

Article 244:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

The court with jurisdiction over the action of revocation is like a banquet blind to the right of revocation

1. Generally, the people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction;

2. If the parties agree in the contract in accordance with the law that the people's court of the place where the plaintiff is domiciled, the location of the subject matter is located, and other places that have an actual connection with the dispute, it shall be subject to its agreement.

Civil Code of the People's Republic of China

Article 147.

The perpetrator has the right to request that the people's court or arbitration institution revoke a civil juristic act based on a major mishap.

The Chinese People's Republic of China and the Civil Code of the People's Republic of China

Article 148.

Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Civil Code of the People's Republic of China

Article 149.

Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

After the enforcement is revoked, the application for enforcement can be made again. If the application for enforcement is revoked, the court will terminate the enforcement; However, if an administrative organ submits an application for enforcement in accordance with the law within the statutory application period, the court will still accept it and enforce it.

Legal basis] Article 72 of the Administrative Punishment Law of the People's Republic of China, which came into effect on July 15, 2021.

Where parties fail to perform on an administrative punishment decision within the time limit, the administrative organ that made the administrative punishment decision may employ the following measures:

3) Employing other methods of administrative compulsory enforcement in accordance with the provisions of law;

4) Apply to the people's court for compulsory enforcement in accordance with the provisions of the "Administrative Compulsion Law of the People's Republic of China".

Article 53 of the Administrative Coercion Law of the People's Republic of China.

Where a party does not apply for administrative reconsideration or initiates an administrative lawsuit within the statutory time limit, and fails to perform on the administrative decision, the administrative organ that does not have the power of administrative compulsory enforcement may, within three months from the date of the expiration of the time limit, apply to the people's court for compulsory enforcement in accordance with the provisions of this Chapter.

Article 54.

Before an administrative organ applies to a people's court for compulsory enforcement, it shall urge the parties to perform their obligations. Where the parties still do not perform their obligations 10 days after the written reminder is served, the administrative organ may apply to the people's court with jurisdiction for compulsory enforcement at the place where it is located; If the object of enforcement is immovable property, apply to the people's court with jurisdiction in the place where the immovable property is located for compulsory enforcement.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.