The Gratuitousness Impact On The Rules For Donation Contract

The gratuitousness, the nature of donation contract, causes many different rules in contrast to onerous contract. The rules of onerous contract applied to donation contract would lead to the unbalance between parties without consideration. On this occasion, laws have to focus on the gratuitousness and design for different rules, however, the dispute both theory and empirical justice obtain ways to argue. Why the dispute was incurred? The deep reason for dispute was failure to agree to uniform cognition. It is necessary to find out the influence of gratuitousness impact on rules of donation contract, so as to understand the nature and its role of gratuitousness, most importantly to construct justice and proper rules for donation.Chapter One "Demonstrating.The Legitimacy of Gratuitousness in Donation Contract"Regarding the gratuitousness as logic start, its legitimacy expose why people donate property to others, and why laws ought to protect gratuitous donation. By differentiating gratuitousness, this chapter analyzes the basis of jurisprudence and effective source, and put the way for theoretical research later on. The nature of gratuitousness could be perceived by the donator’s property contribution, researches pointed out, and the donatee’s benefit receiving. Its legitimacy originates from ways as followings:(a) Humanity. Human is the body of morale rules, which means mankind would like to help their peers, with sympathy nature of kind and good social attitude; mankind usually associate themselves with similar circumstances as trouble feeling and expecting for help so long as meeting someone entrapped, as result, the will of donation incurred by abrupt signs of sympathy, concern, love,(b) Socialization. Human is socialized animal and inevitably to help each other, the active help means benefit for herself or himself. Every single body is hard to overcome difficulty, unless collective forces to win the unknown hardship by aids back and force,(c) Economy. Donation enables to generate superfluous cooperation, the public helpful products for everyone. Why does the gratuitous donation enjoy the protection of law? The effective source is the independent will. The common will play a role to create law, therein forth, the will of both parties explain the legitimacy of contract, not only functioned as making contract, but enable the contract no less than legal effects. Accordingly, the donator offers his or her property to others, the legitimacy originated from independent will, which gives ways to be protected by laws. The existence of gratuitousness satisfy the requirement of civil law, as well as personally needs。Chapter Two "The Gratuitousness Impact on the Constructive Rules for Donation Contract"With the relevant theories for the construction of donation contract, chapter two will assort and review it, even though one of core but aporia. The paper points out the legislative mode of acceptance and right of random cancellation mismatch the life style of China and its citizen, also asymmetry the benefit of both sides. It is considerably essential to return the gratuitousness, and apply the different mode with practical behavior and acceptance; on the form of donation contract, the paper thinks of the distinguished mode for formal and informal as the understandable legislation, in case of the partial consideration and untrue donation relied on informal legislation, because the gratuitousness impact on the life of parties. For some important donations, it is necessary to adopt special mode to make perfect of rules on donation contract, and to warn parties to dispose property carefully.Chapter Three "The Gratuitousness Impact on Effective Rules for Donation Contract"It is commonly accepted that whether the donation contract come into effect does not matter with the subjects and objects. With the influence of gratuitousness, there is huge difference for subjects and objects between onerous contract and gratuitous contract. For onerous contract, both sides ought to have all abilities to initiate civil acts. For donation contract, there is no any limitation for the ability of civil acts associated with gratuitousness, as a result of the fixed consequence that the donatee, who accept benefit, would never cause any damage for himself, others, and public benefit. On the stand for objects, the more expansive ranges lead to the objects of donation contract distinguished from onerous contract. Consequently, property under legal rules, whatever substantive property and virtual property, can be classified as the objects of donation contract. Chapter Four "The Gratuitousness Impact on the Rules of Invalidity for Donation Contract"The onerous contract does usually not exist invalid rules, as a result, the contract would lose its effectives even if the validity initiated. However, it is proper to allow the donation contract to be abolished, even though the valid condition satisfied, relied on the gratuitousness. Therefore, there are three special rules of invalidity for donation contract, the right of random cancellation, legal cancellation, and defense of poverty, by consideration of the imbalance in donation contract. The random cancellation would incur conflict rules between donations and civil rights itself, without limitation for random cancellation. We cannot allow the donator break his promise to abolish contract, if only for the gratuitousness of donation contract, or it is possible to violate the basic principles of civil law. The author thinks that it is time to abolish the random cancellation, in case of the basic spirit of civil law sacrificed. Legal cancellation and defense of poverty are the essential rights to protect the right of donator. The first plays a role to punish the dishonest people, and stand out for the morale features of contract. The second is to protect the hospitable donator, and decompose the worry of donation.Chapter Five "The Gratuitousness Impact on Rules of Responsibility for Donation Contract"The gratuitousness of donation contract not only influences the structure of both rights and duties, but also the legal responsibilities of both parties. The measures applied to donation contract are to decrease the legal liability of donator, in order to urge people contribute to others, and compensate the property loss to donator. Generally, the donators are not responsible for common negligence, with exceptions of intention and gross negligence; and not shoulder the responsibility of indirect loss, expect direct liability calculated.Conclusions:The dissertation review the influence of gratuitousness, and propose to make legal perfect. The author thinks that we cannot exaggerate the influence of gratuitousness in donation contract. Reviewing the influence dialectically is the helpful way to complete the balance of benefit in both sides, and to improve the rules’ system of contract.