Case Study On The Right Of Revocation Of Donative Contract

Generally speaking, donative contract shall be effective upon its founding namely, should not allow donative person optional revocation, in order to maintain the principle of good faith. But because donative contract services, free of single for maintenance contract, so the interests of the donor, the law should be in special circumstances, allow donative person revoke the gift. Our country "contract law" will donative clear distinction the cancellation right for any cancellation right and legal right of revocation of arbitrary, and the right of revocation of exercise and restrictions, legal right of revocation "legal reasons" clear-cut provisions. But, donative contract system in some problems cancellation right there are still exist, such as insufficient and the vulnerability of donative person any cancellation right and the scope of legal right of revocation remains to be adjusted to make donative contract the parties'interests more equilibrium; The subject matter shall not clear to donative, not only influence donative contract law applies, and also relates to the right of revocation of exercise, etc, these problems are expected to be legislation.This essay tries to donative contract right of revocation of donative person of the type and exercise, due to our country two up donative contract right of revocation of the exercise of dispute as an example, the affirmation donative person may exercise the right of revocation prescribed by law, on the basis of the reasons no corresponding revoked when donative person to their promises donative any cancellation required caused's legal responsibility, strict liability shall be post-mortem damnation, proposes the establishment of sex of some Suggestions related concrete system, and tried to make the donative contract cancellation right with the exercise of responsibility for our country to become more rationalized, the establishment of the legal system and the judicial practice offer some beneficial thinking.This paper is divided into four chapters. The first chapter, through two typical cases, citing the basic facts, simply described a gift contract raises the right of revocation of donative person exercise caused dissension; The second chapter, and briefly introduces the basic theory of donative contract, the right of revocation and any specific legal right of revocation of donative contract, and expounded the reason of cancellation right is extinguished initiates; The third chapter of foreign countries, the provisions of the relevant right of revocation are summarized and some comparison; The fourth chapter of two cases in the line, summarized, and the legal theory of involves analysis, as well as to explore two case handling results used to cancellation right the relevant donative contract theory expounded comments; Chapter 5, right of revocation of donative contract suggestions to improve our legislation, and its donation contract and donative purpose when cannot achieve analyze the cancellation of the study.