On The Donor Any Right To Revoke The Legislation Is Perfect

A gift contract's typical characteristic is free,highlighting the precious quality of human altruistic generosity, but also encourages people to carry forward the spirit of the rescue the desperately poor and help those who were in difficulty, greatly promoting the harmonious development of society is also deeply attracted scholars on the nature of research. It is a arguing question that whether donation contract is promissory or practice, no uniform rule all over the world, scholars are debating. In 1999, the People's Republic of China contract Act, chapter sets out the contract of gift, and specific provisions, now, it is a great progress on legislation that the bestowal contract, has been provided in the laws of obligation."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. To deep investigate its system of legal theory value and practical function, the author innovatively take concludes a treaty the neglect duty restriction to cut into as the angle of view, bases on the civil law elementary theory, methods and so on utilization analytic method, comparison test, induction,The structure of the thesis adopts the method of going forward one by one. Except the introduction and epilogue, the text consists of four parts and its outline is written as follow:Part One summarizes the conception of rescission right and points out where it derived from. Through the investigation of the donator arbitrary cancellation right concept, the nature and exercise the conditions, discriminated the donor to abolish the power and the legal cancellation power similarities and differences willfully, the comparative analysis Continental law system countries'choice, and points out that the choice of our legislative options. Clearly donative person any cancellation right legislation value foundation is based on free of gift, donative person free gift own property, if not endow it any cancellation right to help relief, must cause the bilateral benefit imbalance.In addition, the author also proposed gives a brief illumination of other rescission right of the promise. In addition, the author also proposed that donor's right of withdrawing it at will is founded on the promise becomes second nature.Follows closely was proposing that donor's right of withdrawing it at will required by laws. Legislation in our country formulates the donor to abolish when willfully the power system to lack the rules and regulations, conflicts with the principle of civil law, and legislative issues on contradiction and conflict.The third chapter introduces trust interests theory, inspected the civil law and common law theory on trust interests protection, from the angle of economics to protect the trusty interest in our country should be improved significance, and pointed out that should be improved our donative person right of revocation.The fourth chapter I open a new path, form legal value and pragmatic function argument to misfeasance consummates our country donative person any right of revocation of the rationality and superiority, and conceived donative person bear liability for culpa in legal elements and trusty interest liability of compensation scope. Finally, I discuss the insufficiency of existing law of our country and put forward the legislation proposal. Including the amendment of the 186th article of"Contract Law",there should be limit the arbitrary abuse of right of revocation, as well as the 189th article, whether there is conflicts with other law existence, and provide a ponder and suggestion for the legislative amendments.