Study On The Performance Of The Contract Of Donation With Obligations

With the development of civil and commercial legal relations,the contractual relations represented by autonomy of will and the spirit of freedom develop rapidly,and the gift contract comes into being.As a typical civil legal relationship that respects the freedom of the will of both parties,gift contact is a means for people to connect feelings and communicate emotions.Its appearance has enriched the content of civil and commercial laws.Gifting is an act that does not require donee to bear any obligation,but with the development of civil legal relationship,it appears that the gift can be subject to obligation in practice,and the contract law and the civil code of our country have also made provisions on the gift contract with obligation.A search of the China Judicial Documents website shows that as of March 15,2021,a total of 2,795 cases concerning gift contract disputes had been concluded by courts at all levels,which were related to gifts with obligations.This paper studied the relevant legal documents and found that the cases were similar,but the trial results of courts at all levels were different in the trial practice.The results presented such a dilemma--similar cases had different judgment results,and the same cases had different application standards for judgment.The author believes that the reasons for the dilemma is that our country law to add obligation is donative contract nature did not clearly defined,the lack of those who add obligation is donative contract to perform system studies,the donee limit performance of the obligations are not clearly defined,at the same time,in the add obligation is donative contract beneficiary involves third party,whether the third party has to perform the right of claim is the lack of corresponding provisions,The above also leads to the emergence of this dilemma,which has become the content of this paper to study.Based on the research background of the obligatory gift contract,this paper analyzes the current research situation at home and abroad,and introduces this topic by introducing two typical cases and analyzing the focus of the disputes in the cases.Then through the study of the connotation,characteristics and related concepts of the contract of gift with obligation,the paper makes clear the characteristics of the contract of gift with obligation,and further determines the distinction between the contract and the related concepts.Then it discusses the relationship between the rights and obligations of the donor,the recipient and the third party in the performance of the gift contract with obligation,and summarizes the problems such as the imbalance of the rights and interests of the contract parties,the overly general provisions on the rights of the donor and the lack of applicable provisions when the contract involves the third party.Finally,in order to improve the ability of performance,the author puts forward some solutions,such as strengthening the protection of the rights and interests of the donee,refining the stipulations on the rights and interests of the donator and clarifying the applicable rules when the contract involves a third party.