Study On The Abolition Of The Right Of Withdrawing The Donation Contract At Will

The donation contract system has been established more than eight years. Although the donation contract is only a small part of civil vast system, it becomes an indispensable part of civil law because of its unique social and legal value. But we also ought to know that the design of donation contract legal system in our country appears rough and general a bit, even exists some defects. Especially the controversy about the right of withdrawing the donation contract at will brings many problems to the parties and affects the credibility of the law. This article plans to compare and profit from the theory and practice beneficial experience of the right of withdrawing the donation contract at will home and abroad, and research the related legislative loophole and shortcomings which the right of withdrawing the donation contract at will in the present legal rule exists in our country, then question the necessity of the existing in the right of withdrawing the donation contract at will. At last, proposing to abolish the right of withdrawing the donation contract at will in our country, putting out some views and suggestions on legislation and practice of donation contract.