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最高人民法院关于审理建设工程施工合同纠纷案件适用法律问题的解释(一)

Article 44

In force

实际施工人依据民法典第五百三十五条规定,以转包人或者违法分包人怠于向发包人行使到期债权或者与该债权有关的从权利,影响其到期债权实现,提起代位权诉讼的,人民法院应予支持。

Judicial Interpretations · Supreme People's Court · In force from January 1, 2021

Article 43Back to full textArticle 45

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