Recently, Lawyer Yang Honghua and Lawyer Davis, senior partners of Gaopeng Law Firm, won the case of creditor revocation dispute, protecting the client's property such as houses that have been seized in this case.

The plaintiff in this case is the creditor of defendant one. After the creditor's rights with the debtor outside the case have entered the execution stage and the execution has been terminated, the plaintiff added defendant one as the person to be executed. The plaintiff believes that the defendant's transfer of the property involved in the case from defendant one to defendant two is a free transfer and advocates for the revocation of such transfer. At the same time, defendant 1 and defendant 2 had multiple legal relationships such as loan and marriage. Therefore, before the formation of the creditor's rights between plaintiff and defendant 1, whether defendant 1 transferred property to defendant 2 without compensation has become the focus of controversy in this case.

After accepting the commission of the two defendants in this case, Lawyer Yang and Lawyer Dai concluded through research that, according to the relevant provisions of the original Contract Law and the current Civil Code, it is necessary for creditors to meet the following conditions to exercise their right of revocation: firstly, creditors have qualified claims against the debtor. The creditor's right to revoke belongs to the preservation method of creditor's rights, and the creditor's right to a qualified creditor's right against the debtor is the fundamental prerequisite for the creditor to exercise the right to revoke. Eligible claims usually require the creditor's claim to be established before the debtor disposes of the property. The fundamental reason is that the function of the revocation right is to restore the debtor's liability property, rather than increasing the debtor's liability property. Secondly, the debtor has the revocable act of transferring property without compensation or at a clearly unreasonable low price. Thirdly, the debtor's revocable actions mentioned above affect the realization of the creditor's rights.

Such cases often require specific analysis, judgment, and determination based on the different facts of each case, including the establishment of the creditor's right, the order of time between the establishment of the creditor's right and the debtor's disposition of property, whether the debtor's disposition of property is revocable, and whether such behavior has a causal relationship with the realization of the creditor's right, that is, whether it affects the realization of the creditor's right or has indeed caused an impact. Therefore, in practice, subtle differences in individual cases can lead to completely different judgment results. This requires lawyers to carefully sort out the facts of the case, conduct sufficient analysis and judgment of the evidence, and establish clear and complete evidence and reasoning logic during the agency process, in order to obtain recognition from the court.

The case is complex and has numerous key points. In terms of facts, it is not only necessary to sort out the transfer of the property involved in the case, but also to clarify the formation of the plaintiff's creditor's rights. The relevant facts are ancient and have many key nodes; Legal issues not only involve issues related to creditors' revocation rights, but also involve numerous key points such as private lending, joint property of spouses, debt repayment with property, collateral transfer, and shareholder withdrawal.

Lawyers Yang and Dai have thoroughly sorted out the facts and evidence of the case, studied relevant legal provisions and judicial precedents, formulated a comprehensive defense strategy, and fully demonstrated and blocked every loophole in the above-mentioned controversial issues. In the end, the lawyer's relevant views and opinions were all adopted by the court, and the plaintiff's demands were all rejected by the judgment. The high-quality and efficient legal services provided by the two lawyers not only safeguard the legitimate rights and interests of clients, but also win high recognition from clients for the professional skills of the Gaopeng lawyer team.