| Contract for donation is the kind of contract that the donor put his lawful propertydonated to the donee and the donee accepted.Uncertain benefit is the benefit that the civilsubject is likely to get at present conditions but it is not sure wether the the benefit will be trueor not,it is a kind of exceptant right.Contract for donation of uncertain benefit is the specialkind of contract that the donor gave his uncertain benefits to the donee and the doneeaccepted.Contract for donation of uncertain benefit is unilateral contract,freecontract,connaught contract.In this paper, the analysis of the case involved the contract fordonation of uncertain benefit for installed houses.The point of the litigation have novelty andrepresentativeness.In the aspect of law theory,the case mainly related to the legal character ofuncertain benefit and wether the uncertain benefit could be the object of contract fordonation.Through the analysis of standard interpretation, the current legal provisions on thelegal civil rights and contract object,the author come to conclusion that uncertain benefit is akind of exceptant right and the uncertain benefit could be the object of contract of uncertainbenefit.This paper consists of three parts.The first part:case introduction and litigation.The accused was put in the court by theplaintiff on the grounds of unauthorized possession of her house and request the court to orderthe house belongs to her according to the contract for donation between the plaintiff and herfather.During the hearing of the case,the accused thought that when the plaintiff and her fatherconclude the agreement the installed house was completely unsure and the accused theinstalled house should be treated as the inheritance of their father and be possessed jointly bythe plaintiff and the accused. The case is involved two important questions,the legal characterof uncertain benefit and wether the uncertain benefit could be the object of contract fordonation.The second part:the legal character of the uncertain benefit.The main question of thecase is wether the uncertain benefit could be the object of contract for donation.But discusswether the uncertain benefit could be the object of contract for donation should firstly discussthe legal character of the uncertain benefit.The author hold the opinion that uncertain benefitshould be protected by law.Although the uncertain benefit is not certain at present,but it alsoshould be protected by law.The uncertain benefit is a kind of expectant right. The third part:the uncertain benefit could be the object of contract for donation.Thecontract object refers to the rights and obligations of the two parties of the contract,the objectis an essential part of the contract.The main question of the case is wether the uncertainbenefit could be the object of contract for donation.The author hold the opinion that as long asit does not violate the law,the social and public interests and the social morals,somethingshould be treated as a subject of the contract for donation should be submitted by both partiesjudgment.In this case,although the contract subject is completely uncertain,but the two partiesof the contract thought the uncertain installed house should be the contract subject and then itcould be.The fourth part:Case response.Although the first and the second trial both supported theplaintiff’s request,but the decision reason was not the same.Through the above analysis,theauthor support the decision reason of The intermediate people’s court of Ningbo. |
