Structuring Of Rules For Gift Contract With Obligations

The Civil Code has insufficient supply of norms on obligated gifts,and the rules applied in judicial decisions are contradictory and errorfree.There is a special unilateral implication relationship in the this contract,which is different from the two-party involvement relationship in ordinary dual-service contracts.It requires the donor to perform it first.Therefore,after the establishment of the obligatory gift,only the defect guarantee liability rules in the sales contract may be applied,and the rules for its performance shall not apply.A gift in an obligated gift is an act of giving,which is a mixture of reasons for exchange and reasons for generosity.Obligated gifts are distinguished from purely generous gratuitous contracts,but they also require that the value of the attached obligations is not higher than the value of the gift.This maintains a certain degree of generosity in the obligatory gift contract,and is also the theoretical basis for the special right of withdrawal enjoyed by the donor in the obligated gift contract.