Theoretical Construction Of Gift Contract With Obligations

The gift contract,which is gratuitous in its nature,is defined by scholars as gratuitous contract or unilateral contract and therefore carries corresponding legal effect.The gift contract with obligations is one type of the gift contract.Should it also be unilateral and gratuitous in its nature? Should it carry the same legal effect as that of the gift contract? In legal practice,how is it applied in terms of legal effect and liability? To explore the answers to these questions,the author aims to elaborate the theory and improve the legislation and application of the gift contract with obligations through such means as literal interpretation,comparison and systematic interpretation.The first part is the definition of the gift contract with obligations.This author looks deep into the nature of “obligations” by introducing the its concept,reviewing the previous studies on it and determining the definition criteria.The author holds that “obligation” is the character that makes the gift contract with obligations differ from the general gift contract,and analyzes the influence of “obligations” on the gift contract.The second part makes comparative study on the legislative models of of the gift contract with obligations,which analyzes the legislation cases of the gift contract with obligations in the continental law system and discusses the typical cases and legislative models in the common law system.Through the comparative analysis of the legislative models among different countries,it puts forward the legal reference for China.The third part analyzes the characters of gift contract with obligations by reviewing its studies in China.The author believes that,according to the situation of our country,the gift contract with obligations should be unilateral and gratuitous,while it also has some characters of onerous contract.Upon those above characters,the distinction is made between the confusing types of contract such as the purpose gift contract and the reciprocity contract.The fourth part,through comparative analysis of the legislation and the rights and obligations of parties to the gift contract with obligations in different countries,puts forward legislative proposals and applicability recommendations on issues including the recipient' right to request for donor's performance,the limitations on the donor's statutory right to revoke the donation,the liability application of contract defaults by donors or recipients,and the liability application of beneficiaries when it is a third party,etc.