诚实信用原则在债权人撤销权诉讼中的适用和遵守

Application and Observation of the Principle of Good Faith in Litigation of Creditor's Rescission Right

诚实信用原则是民法和债权法的"最高指导原则",在债权人撤销权诉讼中自然有适用余地,从某种意义上说,债权人撤销权就是诚实信用原则的派生物。债权人撤销权诉讼所涉各方当事人应该遵循诚实信用原则,法官适用它时应遵循相关准则。

Good faith is the principle of highest guiding for civil law and obligational law,it is certainly applied to the litigation of creditor＇s rescission right. So we can look creditor＇s rescission right as a derivative of good faith. All parties concerned in the litigation should act in accordance with the principle of good faith, and judge should follow some criteria when they comply with it.