What circumstances can be exercised the right to revoke, what is the condition for the exercise of the right of revocation?

The right to cancel the contract means that the right of the right of revocation is not necessary for the contract, and the right to cancel the established contract by its unilateral meaning. If the contract is made by a major misunderstanding, a fairness, or a party’s fraud, coercion, or other danger, the other party may, in the event of breach of the true meaning, the other party may apply to the court or the arbitration institution to revoke the contract. The right of revocation is a unilateral right, but the law also gives it a certain period of time. The party should know whether or should know the right of revocation within one year from the date of revocation. If the right is not exercised within one year, then If the party waives its right to revoke, the court or arbitral institution will no longer support its right to revoke. In summary, the exercise of the right of revocation must meet the following conditions: the contract is made because of a major misunderstanding; it is obviously unfair when the contract is concluded; and B is made by the other party in the case of fraud, coercion or vicius; The application must be revoked to the court arbitration institution within one year from the date of knowing or should have known the reason for the revocation. Legal basis: "Contract Law of the People's Republic of China" Article 54 The following contract,

First, the concept of the right to revoke

According to the provisions of Article 74 of the Contract Law, the creditor's right of revocation refers to the creditor's action, and the creditor may request the people's court to cancel the debtor's behavior because the debtor waives his due credit or transfers the property without compensation. If the debtor transfers the property at an apparently unreasonable low price and causes damage to the creditor, and the assignee knows the situation, the creditor may also request the people's court to cancel the debtor's behavior.

Since the exercise of the right of revocation must be carried out in accordance with certain procedures, that is, the exercise of the right of revocation must be prosecuted by the creditor to the court, and the judgment of the court to cancel the debtor’s conduct can be revoked. It is in this sense that the right of revocation is It is called the right to revoke the right to appeal or the right to quit.

Both the right of revocation and the right of subrogation are statutory rights, which are all part of the security of the debt and must be attached to the creditor's rights, but there are differences between the two. The subrogation right is aimed at the passive behavior of the debtor not exercising the creditor’s right, and the exercise of the subrogation is aimed at maintaining the debtor’s property. The right of revocation is aimed at the act of the debtor’s improper disposition of the property, and the exercise of the revocation right is intended to restore the debtor’s property.

The right of revocation is different from the right of revocation of a party in a revocable contract. The latter right of revocation is only set for a contract whose meaning is not true. The person who has the right to revoke can only be a party. The former right of revocation belongs to the preservation measure of the debt, and is not set for the contract whose meaning is not true.

　　2. The constituent elements of the exercise of the right of revocation

The exercise of the right of revocation must be in accordance with objective and subjective requirements.

The so-called objective element means that the debtor has implemented certain acts that are harmful to the creditor's creditor's rights, so that the creditor can exercise the right of revocation. In other words, the debtor has implemented certain acts of disposition of property, and the punishment referred to here refers to legal punishment. Specifically include: