题目详情

当债务人怠于行使其对第三人享有的权利而害及债权人的债权时,债权人为保全其债权,可以行使(  )

  • A.撤销权
  • B.解除权
  • C.代位权
  • D.抗辩权

正确答案及解析

正确答案
C
解析

本题考查了债权人之代位权的知识点。

债权人的代位权是指因债务人怠于行使其到期债权,对债权人造成损害的,债权人可以向人民法院请求以自己的名义代位行使债务人债权的权利。我国《合同法》第73条规定,因债务人怠于行使其到期债权,对债权人造成损害的,债权人可以向人民法院请求以自己的名义代位行使债务人的债权,但该债权专属于债务人自身的除外。代位权的行使范围以债权人的债权为限。债权人行使代位权的必要费用由债务人承担。

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