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民商合同纠纷案件中有时会出现无效合同与债权人行使撤销权构成要件发生竞合的情形,由于对《合同法》第74条规定的债权人撤销权的解释不同,且撤销与无效制度的规范存在不严谨之处,对两者关系的认识在理论和实践中均未统一。无效合同与债权人行使撤销权构成要件发生竞合时,若单纯地认定该合同无效,则会架空《合同法》第74条且在涉及转得人的情形时不利于对债权人的保护。因此,此类无效合同可以成为债权人撤销权的标的。
Sometimes there is a case of non-effective contract between competing contract and the constituent elements of the exercise of the right of cancellation, which is different from the interpretation of the creditor’s right of withdrawal stipulated in Article 74 of the Contract Law, and there is a standard of cancellation and invalidation system Not rigorous, understanding of the relationship between the two in the theory and practice are not uniform. In the event of a non-effective contract and the competing claims of the elements constituting the obligee’s right of withdrawal, a mere determination that the contract is invalid will override Article 74 of the Contract Law and will not be conducive to the protection of creditors when it comes to the transfer of persons. As a result, such invalid contracts can be the subject of a creditor’s right of avoidance.