Reliance Interest Protection In Donation Contract

Legal designs should take each party's interest into consideration. In order to protect the benefit of donee, contract law regulates donation contract as promissory and unilateral contract without compensation, meanwhile contract law endows the donor with free revocation right for the merit of equity and justice. However, if the donation is not for charity or without legal notarial acts, the loss of reasonable reliance of donee couldn't be relieved.When donation contact is established, if the donee endows enough and reasonable reliance on promise of donor and has got loss of reliance, could the donor withdraw his promise without any reason before the transfer of property right? The answer is positive, because the donors have been endowed the right of withdrawal (revocation) according to the stipulation explicitly in modern contract law in China. However, does that meant donors haven't any responsibility for the loss of donee? If donor should undertake some responsibility, what kind of responsibility it is? Contract law in China fails to regulate it, which should be treated as a pity. That is also the reason why I choose"the reliance interest in donation contract"as my topic in this paper.Rights conflict between donor and donee has provided a good point for legal study and research, this paper just starts form that and consists of fourparts, which are summarized as follows: In the first part, I focus on the reliance interest in donation contract. Firstly, I do my utmost to analyze and explain the similarities and differences between reliance interests, expect interest and restitution interest, which obviously should be the first job before discussing the reliance interest in donation contract. Reliance interest refers to the benefit that the contract or...