债权人撤销权判决在不同场合下,或者具有回复物权的效力,或者具有请求返还不当得利的效力.对于前者,债务人可基于物权请求权要求相对人返还原物,撤销权判决因而获得了强制执行力.债务人若怠于追回原物,债权人可直接申请强制执行为相对人占有的财物.对于后者,债务人须另行主张权利,撤销权判决无强制执行力.债务人若怠于行使权利,债权人可代位提起返还不当得利等诉讼.当债务人与相对人借助诉讼方式诈害债权并获得了相关裁判文书时,债权人则只能借助第三人撤销之诉来保全债权.由于第三人撤销之诉判决本身不具备执行的条件,债务人若怠于追回其责任财产,债权人同样需要代位提起不当得利返还等诉讼,或者代位申请执行回转.
The judgment of creditors'right to revoke has the effect of restoring property rights or requesting the return of unjust enrichment in different situations.In the former situation,the debtor can demand the counterpart to return the original property based on the right of property claim,and the revocation right judgment thus obtains compulsory enforcement power.If the debtor fails to re-cover the original property,the creditor may directly apply for compulsory execution of the property in the possession of the other party.In the latter situation,the debtor must separately claim rights,and the revocation right judgment has no compulsory enforcement force.If the debtor fails to exercise its rights,the creditor may file a lawsuit on behalf of the debtor for the return of unjust enrichment.When the debtor and the counterpart fraudulently harm the creditor's rights through litigation and ob-tain relevant judgment documents,the creditor can only rely on the third-party opposition procedure to preserve the creditor's rights.Due to the fact that the judgment of the third-party opposition proce-dure itself does not meet the conditions for enforcement,if the debtor fails to recover its responsible property,the creditor also needs to file a lawsuit for unjust enrichment or apply for enforcement re-versal through surrogation.