《民法总则》撤销权规定的不足及其完善

Insufficiency and Consummation for the Regulation of Right of Revocation in General Principles of the Civil Law

可撤销的法律行为作为法律行为制度中的重要组成部分,体现着贯彻私法自治的民法价值取向。虽然我国新颁布的《民法总则》中对其进行了规定,且相较于之前的民事实体法有较大变化,但在防止撤销权的滥用、撤销期间起算点的设置和撤销期间长度的安排等方面尚存在一些问题,需予以完善。

Revocable juristic act is regarded as the vital part of juristic act institution, which reflects the value of autonomy in private law. Although it is specified in the newly promulgated General Principles of the Civil Law , and it has more difference than the previous civil substantive law. But in the general level of reducing the transaction risks for counterpart and giving the relief of feasibility to actor as well as in the micro level of the beginning point for revocation period and the length of revocation period, there are still some problems to be consummated.