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Gift Contract Arbitrary Revocation Of The Right To Study

Posted on:2010-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:X K CaoFull Text:PDF
GTID:2166360275495276Subject:Law
Abstract/Summary:PDF Full Text Request
Free gift contract is a contract on behalf of the typical,the theorists said that the matter should be known and that the dispute into Connaught,"Contract Law" enacted after the minutes were devoted to the 11th chapter of the contract provides for the grant, the first of two 185,186 each other , Demonstrated the common legislation for the gift of our contract and the nature of the effectiveness of the approach, that is: no need to grant the contract to adopt any particular form of the contract upon the parties to reach a desired gift that the establishment of the entry into force of the nature of the contract for the Connaught. Just before the transfer of the property rights of the gift, the gift one can withdraw, in addition to the three types of contracts other than a gift. This was the right as a gift to any person the right to withdraw. That is,the law that led to a number of praise, but there is no lack of questioning the call. The value of the legal system and how the actual function? I want to make a superficial discussion.In this paper, in addition to the introduction and the conclusion, the body of the four components, summarized as follows:The first part of the contract grant the right to remove any theoretical analysis. Part of this is the first overview of the right to revoke any, the right to withdraw any of the connotation and extension of a brief note, pointing out that "any right to withdraw" the origin of the name. Second, the grant will be divided into the contract is free to revoke the gift and the contract can not be any revocation of the grant two types of contracts, and pointed out that the expansion should not be any revocation of the grant contract. Third, to explore the gift of the contract the right to remove any nature. Finally, a brief Analysis of the grant contract and the right to remove any statutory right to withdraw, the creditor the right to revoke the similarities and differences.The second part of the contract grant any right to withdraw under the existing. First of all, through this part of the basis of law ought to look into the issue of the free gift of a contract system for the possible impact of the following conclusions: As a gift of a single contract and works free of charge, I agree that the donation contract as a free-design Gift of the contract value on the basis of the legal system. Subsequent analysis of the gift is another prerequisite for the existence of the contract: the contract for the Connaught as a gift, must contract for future legislative proposals put forward by paving the way for the next.The third part is to grant the contract the right to remove any doubts. First of all, that this part of the grant contract of the right to remove any theoretical basis for a problem, mainly the right to withdraw without any addition to the exclusion provisions of the period. Second, the grant contract have the right to remove any possibility of abuse, mainly due to the arbitrary revocation of the right to be a random system. Third, analysis of the grant contract and the right to remove any "contract law" in article 189 of the conflict, and poor application of the defense of the right to overlap. Finally, on a grant contract with the avoidance of any trust to protect the interests of harmony.The fourth part of the contract is a gift of the right to withdraw any proposal to improve. First of all, this part of the proposed grant contracts in addition to the provisions of the right to remove any exclusion period. Secondly, any proposed withdrawal of the exercise of the right to include the main recipient. Once again, "Contract Law" Article 189 of the right to rule out any withdrawal of the application, the poor defense of the right to apply only to withdraw the gift can not be any contract. Finally, the proposed introduction of Culpa. On the basis of law and to demonstrate the rationality of the legislative design.
Keywords/Search Tags:grant contract, the right to remove any, the statutory right to withdraw, creditor the right to withdraw, culpa
PDF Full Text Request
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