Application Of The Right Of Claim For The Return Of Original Property After The Contract Has Been Revoked

The rule of legal consequences after the cancellation of civil legal acts stipulated in Article 157 of the General provisions of Civil Law should be applied to the field of contract cancellation,and both the current contract Law and the draft contract of the Civil Code also hold this position.After the contract is revoked,the obligee has the right to exercise the right of claim for return of the original property.Under the background of adopting the mode of real right change of creditor's rights formalism,this right has the dual right attribute of both the claim of unjust enrichment and the right of claim of return of original property.Based on the choice of different litigation rights of the parties,the judicial organs should take the following position on whether the right of claim for the return of the original property is applicable to the limitation of action:first,where the parties claim the right of return of unjust enrichment,the limitation of action shall apply;Second,if the parties claim the right of claim for the return of the original property,they shall be treated differently in accordance with the provisions of paragraph(2)of Article 196 of the General provisions of the Civil Law,that is to say,it shall be determined that the limitation of action shall still apply to the return of unregistered movable property in respect of the contract,The limitation of action is not applicable to the return of registered movable property and immovable property involved in the contract.According to the bona fide acquisition system,if the subject matter of the revoked contract has been changed in real right,the original right holder can not claim the return of the original property to the third party of bona fide real right.Based on the same legal considerations,the right of claim for the return of the original property of the obligee should not be able to antagonize the third party of bona fide claims.In the future,the civil code should restore this provision mentioned in the draft general provisions of the Civil Law,so as to effectively maintain the security of the transaction.Protect the legitimate rights and interests of the parties concerned.