Advertisement

Dalian Deyun Real Estate Development Co., Ltd. v. Dalian Yachen Real Estate Development Co., Ltd. and Dalian Shengxin Construction Group Co., Ltd. (Lawsuits of Revocation by a Third Party)—The Application Conditions for Lawsuits of Revocation by a Third Party

  • Dian LuoEmail author
  • Chengpeng Xing
Chapter
Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)

Abstract

In order to realize the monetary claims, the enforcement applicant files a third-party revocation action regarding the judgement of a dispute over the construction project contract in a separate case involving the subject matter of the enforcement. Whether the enforcement applicant meets the prescribed conditions for prosecution should be examined comprehensively in terms of the subject qualification, substantive conditions and possibility of sham litigation. As regards subject qualification, the enforcement applicant of monetary claims is neither the developer nor the contractor of the project involved in the case and thus does not have the independent substantive right to the subject matter of the lawsuit.

Copyright information

© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

Personalised recommendations