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The expulsion period refers to the time during which the parties can exercise certain rights they have , within this time, if the parties do not exercise their rights, then after the expiration of this time, the parties can no longer exercise the corresponding rights. How many years is the expulsion period for the right of revocation? The editor will answer this question for you.
1. Exclusion period of the right of revocation
The right of revocation shall be exercised within 1 year from the date when the creditor knows or should know the cause of revocation, and within 5 years from the date of the debtor’s act. If the right of revocation is exercised, the right of revocation shall be extinguished.
Five years is the objective starting standard, and 1 year is the subjective starting standard.
That is, if it is known that there is a revocable reason after 4 and a half years, it can only be exercised within half a year.
II. Conditions for the exercise of the right of revocation
According to the provisions of Articles 74 and 75 of my country’s Contract Law and the provisions of the Interpretation of the Contract Law, the creditor shall exercise the right of revocation when The following conditions are met:
1. The debtor objectively carries out behavior that endangers the creditor's rights. The behavior that endangers the creditor's rights refers to the behavior that will objectively reduce the debtor's property or increase its burden, thus hindering the realization of the creditor's rights. According to Article 74, paragraph 1, of my country's Contract Law, this behavior includes the debtor giving up its due creditor's rights, or transferring property for free, or transferring property at an obviously unreasonable low price, causing damage to the creditor.
2. The debtor’s behavior is based on property. For acts that do not have property as the subject matter, since they have nothing to do with preserving the debtor's liability property, the creditor shall not have the right to cancel. For example, Paragraph 3 of Article 244 of the Taiwan Civil Code stipulates that the creditor's right of revocation does not apply if the debtor's behavior is not based on property or is only harmful to the creditor's rights that are based on the delivery of specific things.
3. When the debtor's behavior is a paid behavior, the creditor's exercise of the right of revocation is conditional on the beneficiary's bad faith. The beneficiary's bad faith refers to the fact that the beneficiary knew that the debtor's behavior was harmful to the creditor's rights when the beneficiary benefited. For example, Paragraph 2 of Article 244 of the Taiwan Civil Code stipulates that if a debtor performs a paid act with full knowledge that it will infringe the rights of the creditor at the time of the act, the creditor may file a claim only if the beneficiary is also aware of the situation at the time of benefiting. Please ask the court to revoke it. my country