A Study Of The Issue Of The Bestowal Contract

Contract Law which took effect in 1999 has enumerated fifteen typical contracts, including the bestowal contract. Now, it is a great progress on legislation that the bestowal contract, as a typical contract, has been provided in the laws of obligation. However, the provisions are too simple to solve the bestowal problems of great complexity. And meanwhile, less attention has been put on the bestowal contract. The studies on the bestowal contract are only concerned on the dispute about whether it is acceptance contract or practice contract. Based on the basic civil law theory, this dissertation tends to systematically explore the problems related to the bestowal contract by comprehensive methods including analytical method, inductive method and comparative method, in order to do some contribution to the bestowal contract.The dissertation includes four parts. In the first part, the history and the development of the bestowal contract are discussed as the basis of the whole article. The second part analyses the nature of the bestowal contract. After comparing with the legislation and standpoint in foreign countries, I concluded that the bestowal contract is an acceptance contract with right of revocation. The third part expounds the legislation and distinction about two kinds of right revocation in bestowal contract. This part is focused on analyzing the insufficiencies of the legislative design in limiting the right of revocation. The fourth part describes the right of defense in poverty, and then gives some advises on that how to improve the right in the related laws in China.