试析合同无效时返还财产的法律性质

依我国民法之规定 ,合同无效时 ,一方应当返还基于该合同所取得的给付。但这种返还财产的法律性质 ,既可以基于所有物返还请求权 ,又可以基于不当得利请求权 ,对此应如何理解 ,在理论上存在争议。本文在分析了此二项请求权行使特征的基础上 ,提出为有效保护合同当事人的利益 ,应当承认合同无效时返还财产是此二项请求权的竞合

Research on the Legal Nature of Restitution of Property After Contract Being Void

According to the civil law of our country, the property acquired as a result of a contract shall be returned after the contract is confirmed to be void. But the legal nature of restitution of property can be based on not only the right of claim of the owner, but also the right of claim of unjust enrichment. There are theoretical disputes over the issue of how to understand the legal nature such rights of claims. In analyzing the exercising characteristics of the two rights of claims, the article points out that, in order to protect the interest of the contracting party completely, our country should recognize that the legal nature of restitution of property is the concurrence of the two rights of claims.