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从立法上看,我国撤销权可分为民法及合同法上的撤销权,以及破产法上的撤销权。它们彼此之间既有联系又有所区别,从历史沿革的角度来讲,破产撤销权经历了与民法上的撤销权从同一起源到逐渐分离的过程。二者都起源于罗马法,创设之初它们并没有被严格区分开来。本文试就破产撤销权与民法撤销权做简要的分析和探讨。
From a legislative point of view, our right of revocation can be divided into the right of revocation in civil law and contract law, and the right of revocation in bankruptcy law. They are not only related to each other but also differ from each other. From the perspective of historical evolution, bankruptcy and withdrawal rights have undergone a process of gradual separation from the same origin and withdrawal of civil law. Both originated from Roman law, and at the beginning of their creation they were not strictly distinguished. This article tries to make a brief analysis and discussion on the bankruptcy revocation right and civil law revocation right.