Discussion On The Binding Effect Of The Contract Of Donation

The contract of gift is a kind of typical free contracts. The grant acts can enhance communication of the parties, harmonize social atmosphere, and promote the stability and harmony of the society. According to China's contract law, the contract of gift is a kind of consensual contracts and gives the donor Any cancellation right to revoke any order for the balance between the donor and the recipient. However, the above situation arouses the author 's thinking on the force elements and the effectiveness of the gift contract.Besides the introduction and the conclusion, this dissertation has three parts as follows :The first part analysed the specificity and the reasons for the effectiveness of the gift contract. The contract shall be valid from the establishment, but the revocation right of the gift contract relaxes the gift binding force. The author thought that free is the value basis of designing the legal regime of the gift contract, and analysed the influence of free to gift contract.The second part discussed the different legislative patterns of various countries worldwide due to the particularity of the gift contract. Under this chapter, the author analysed the any revocation of the civil law model, material type contract, the contract model and mode to the enactment of legislation and norms typical thinking of the legislation under the common law model. Then, two different legislative models were compared, and suggestions of legislative model in China was proposed .In view of the special binding force of the gift contract, China adopts the legislative mode which provides the Any cancellation right, but it brings about the inner system's contradiction and the potency conflict of the gift contract as well. The third part analysed the above contradiction on condition that the contract can be valid from the establishment. Then the author put forward the views of the effectiveness condition and potency of the gift contract under China's legislative mode.