论文部分内容阅读
合同撤销是合同法上一项重要的制度,其目的在于解决意思表示存在瑕疵时合同效力的问题。撤销权人可以通过撤销权的行使使得合同归于无效,双方当事人间的权利义务恢复到合同订立以前的状态。依据我国《合同法》第五十八条之规定,合同撤销后当事人可能具有返还财产,损害赔偿之责任。由于我国法不承认物权行为的无因性,返还财产请求权性质采物上请求权说虽然符合体系解释之要求但仍有缺陷;返还财产的具体操作应以恢复原状为原则,损害赔偿为例外。
Contract revocation is an important contract law system, the purpose is to resolve the meaning of the existence of blemish contract validity issues. The revocation right may invalidate the contract by exercising the right of withdrawal, and the rights and obligations between the parties are restored to the ones before the contract was concluded. According to the “Contract Law” Article 58 of the provisions of the contract after the parties may have to return the property, damage compensation liability. Because our law does not recognize the non-causal nature of the act of property, the nature of the right to claim the right to claim the property, although it meets the requirements of the system interpretation, is still flawed. The specific operation of returning the property should be based on the principle of restoring the status quo ante, exception.