Legal Research On Contract Gift Avoidance System

Free gift of contracts, single service makes the donor and donee interests of both sides out of balance, in order to solve this imbalance, the law has given the kind of gift people more protection, such protection is a "regret right", so that the donor is not" contract will defend "the limitation principle, allow the donor under certain conditions to change the original intention of the donor. Our gift contract revocation system includes any statutory right to revoke the right to revoke the statutory right of rescission is divided into statutory right to revoke the legal right to revoke the donor and the donor's heir and legal representative.This paper is divided into three parts to analysis of the gift contract revocation system, summarized as follows:The first section outlines the elaborate right of revocation of the donation contract. The first is to grant the right to revoke the contract and explained the meaning of generalization, and the grant of the right to revoke the contract legislation briefly. Then they were on the right to withdraw any statutory right to revoke a detailed analysis: First introduced analyzes the meaning and nature of any right of revocation, comparing national legislative patterns, legal basis, conditions for the exercise and the exercise effect; Next is a statutory grant contract introduction and analysis of avoidance powers, including the meaning of the statutory cancellation right conditions for the exercise and the exercise effect. Comparative analysis of the final grant of the right to revoke the contract and the rights of other similar.The second part points out the deficiencies of the legislation grants the right to revoke the contract system, including the protection of the interests of the recipient reliance missing, various defects lack of any right to revoke restrictions, as well as the statutory right of rescission provisions exist.The third part is based on the analysis of the second part, put forward specific recommendations to improve the system of grants the right to revoke the contract, including the establishment of the recipient of the reliance interest protection mechanisms to increase restrictions on the right to revoke any withdrawal and improve the legal right of the relevant provisions.