Study On The Right Of Withdrawing The Dotation Contract At Will

Dotation contract is the representation of nude contracts .Because of this ,in many countries including china ,civil law has special provisions about this type of contract in their legislation. About prescribing the important documents of its coming into existence and becoming effective,there exist three doctrines. After a discussion and anylysis,this thesis hold the doctrine,that is no special need for the form of contract but endowing the part of the contract the right of withdrawing it at will,is reasonable. The second part of the thesis gives discuss on the system itself.At first the thesis gives discuss on its character.In regard to its scope,compared with the Japanese civil laws , current contract law in Chinese Mainland admits that the contract with written form also can be withdrawed;Compared with the civil law of the Japan and Taiwanese region, its excludes some especial contracts ; The thesis gives discuss on the scope , the oblige and the period of this "right" .Moreover, the scholors pay much attention to the conflict between the Article 186 and the Article 189, after a discussion and anylysis ,the thesis hold that they do not conflict .If the part giving dotation withdraws the contract after the other part pays money and time , will the part giving dotation has the obligation compensating for the loss of the other part ?The thesis hold that the part giving dotation usually has no obligation compensating for the loss .At the end, the thesis puts forward the judicatory suggestion.