On the Definition and Scope of Application of the Claim for Restitution of Property after Contract Invalidation

Abstract

The claim for restitution of property under the system of property recovery after contract invalidation is a crucial component of the remedial framework for defects in the validity of civil juristic acts. However, it faces challenges. This study begins with Article 157 of the Civil Code, we subdivide right to claim for property return belongs to the right of real claim or the right to claim for restitution of unjust enrichment. The ternary structure of property acquisition will be established as the rule system for restitution, and possessory interests will be distinguished, and differentiated restitution rules will be adopted. Furthermore, the principle of specificity of the object should be adhered to in the return of subrogated items, strictly limiting the boundaries of return in transformed forms. The restitution of benefits shall be confined to those actual receipt, and objective value standards shall be applied to calculate fees for capital occupation and use of the subject matter. The claim for restitution of property should also be separated from the right to claim for damages, and a dynamic interpretive approach should be adopted to balance the value conflicts between restoration to the original state and equitable compensation.