A Study To The Donor's Right And Responsibility

Dotation contract, as the representation of nude contract,holds the peculiar position in "the Contract Law of the People's Republic of China ". Other nude contracts which do not have the stipulation, may suitablly grant the rule of dotation contract.But in our country, the name of dotation contract is not long . "The General provisions of the Civil Law of the People's Republic of China " did not tell the name of dotation contract. The 128th article of Certain Questions Opinions "about Carrying out the General provisions of the Civil Law of the People's Republic of China " (Implementation) issued by the Supreme People's Court for execution named the dotation contract for the first time,but a little simple, many questions have not been involved in.In 1993 ,our country started the work to unify the contract law . Finally it was passed in the second conferene in the ninth sessions of national National People's Congresse in March 15, 1999, and starts to execute in the same year on October 1.In our country ,the study of the contract law started late, disputes about the dotation contract has not stopped yet.At the beginning, arguement targeted at the character of the dotation contract, now mainly is about the culpa in contrahendo and the right of withdrawing it at will of donor.This article has discussed the donor's right and responsibility at foundation of the research results before , the main content includes:The first part, the concept and the character of the dotation contract and outline on the donor's right and the responsibility. The second part, the research to the overseas legislation on donor's right and the responsibility .including legislation of mainland legal system country with English America legalsystem country legislation.The third part,I studies the legislation about donor's right and the responsibility in our country. First analyzes donor's right including donor's right of withdrawing it at will,donor's right of withdrawing it because of legislation, the right of donor's destitutely contradicts. Donor's right of withdrawing it at will is founded on the promise becomes second nature.Regarding the dispute about donor's right of withdrawing it at will is more than other part,I makes the key discussion on it. The key point of the study about donor's right of withdrawing it at will,donor's right of withdrawing it because of legislation is the condition to exercise.Finally I study donor's responsibility, through analysis on the character and the right of the dotation contract,I summarized donor's responsibility,mainly the responsibility for breaking a contract, the damage compensatere sponsibility, the slight defect obligation of warranty and the culpa in contrahendo.Because of the dispute on the damage compensate responsibility and the culpa in contrahendo is more, this article gives the key elaboration. The fourth part, I discuss the insufficiency of existing law of our country and put forward the legislation proposal.Including the 189th article of Contract Law",as well as whether there is conflicts with other law existence, and then disscuss how to coordinates the right of donor's destitutely contradicts, donor's right of withdrawing it at will and donor's right of withdrawing it because of legislation ,as well as discussion on the procedure exercises. This article draws the conclusion:If donor exercises right of withdrawing it at will abolishes the donee for trusting the donor'promise,he should undertake culpa in contrahendo. Finally, I summary the content of this article.