债权人撤销权的法律效果及债权的实现路径——以《民法典合同编通则解释》第46条为中心

The Legal Effect of Creditor's Revocation Right and the Implementation Path of Creditor's Rights:Centered around Article 46 of the Interpretation of the General Principles of Contract Compilation of the Civil Code

债权人撤销权诉讼胜诉后,只有债务人的财产实际恢复,才能实现债的保全效果;同时,也只有撤销权诉讼的胜诉成果能够最终转化为债权人债权的实现,才能激励债权人积极行使撤销权。如此才能使民法典规定的债权人撤销权制度充分发挥作用。《民法典合同编通则解释》第46条从执行程序的角度给出了解决路径:首先,明确债权人撤销权行使的法律效果为“撤销加返还”—债权人可以在撤销权诉讼中同时请求相对人承担返还财产、折价补偿、履行到期债务等法律后果。其次,在符合管辖规定的前提下,债权人可以请求受理撤销权诉讼的人民法院一并审理其与债务人之间的债权债务关系,实现一次性解决纠纷。最后,债权人可以基于其与债务人之间债权债务关系的执行依据、撤销权诉讼的胜诉生效裁判形成的连环给付关系,通过强制执行程序实现自己的债权。

After the creditor's revocation right lawsuit is won,only when the debtor's property is actually restored can the preservation effect of the debt be achieved;at the same time,only the winning outcome of the revocation right lawsuit can ultimately be transformed into the realization of the creditor's rights,which can motivate the creditor to actively exercise the revocation right.Only in this way can the creditor revocation right system stipulated in the Civil Code fully play its role.Article 46 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Principles of Contract Compilation of the Civil Code of the People's Republic of China provides a solution from the perspective of the execution procedure:firstly,it is clear that the legal effect of the exercise of the creditor's right of revocation is"revocation plus return"-the creditor can simultaneously request the counter-party to bear the legal consequences of returning property,discounted compensation,and fulfilling due debts in the revocation lawsuit.Secondly,under the premise of complying with jurisdictional regulations,creditors can request the people's court that accepts the revocation right lawsuit to hear the debt relationship between them and the debtor together,achieving a one-time resolution of the dispute.Finally,creditors can realize their claims through compulsory enforcement procedures based on the execution basis of their debt relationship with the debtor and the chain payment relationship formed by the effective judgment of the revocation right lawsuit.