Research On The Special Form Of Bestowal

The form of contract becomes numerous gradually with economic activity complication. The bestowal, which is the transaction of fortune in the tradition, has developped gradually rich and comes out various forms. As consuming bestowal, charitable contribution and donation, those bestowals with special forms not only have the essential features of formal bestowal, but also display more different new characteristics from the past. However, at the present, legal system of our nation nowadays only establishes legal norm about normal bestowal in"Contract Law"and prescribes relative norm about the bound and administrative rules of charitable contribution in the"Public Welfare Donations Law". But towards the special form of bestowal, including the quality of consuming bestowal, charitable contribution and donation, the right-and-obligation of two parties and the relief norm, it hasn't made specific rules, even excluded its usefulness.Meanwhile, there are two different opinions about the quality of consuming bestowal with special form in theory. At first, it exists mainly two controversies of consuming bestowal behavior: contract theory and unilateral act theory. The contract theory considers that the consuming bestowal (additional donated) contains two contract relationships. They are sales-and-purchase contract (consuming) and bestowal contract. The circumstances about bestowal should apply the rule of bestowal contract in"Contract Law". Secondly, there are two points of view in charitable contribution are bilateral transaction and unilateral transaction. At last, it has mainly six controversies about donation in theory: donation contract, endowment in name, trust relationship, voluntary service, act of agency and altruistic contract.This article confirms the defects from all kinds of theories, gives the definition of three bestowal behaviors with special form and ensures their quality. It thinks that: 1.consuming bestowal behavior should be explained as conventional obligation. 2. charitable contribution is a kind of bilateral transaction.3. donation should be definite as the donation contract for the specially designated interest of third party. It also confirms the right-and-obligation relationship and relief norm of two parties in these three bestowals. It also points out the lacking area of our lawmaking, so it can give more advices to make our lawmaking system more perfect.There are three chapters. Chapter one talks about consuming bestowal. It draws out consuming bestowal through cases and expounds definition and character of consuming bestowal. On the basis of two controversies in nowadays theory, it proposes the quality of consuming bestowal and gives the relief norm to solve legal dispute.In the first part, it draws out legal questions about consuming bestowal through cases, which is whether consuming bestowal behavior fits on the rule of bestowal contract in the"Contract Law"or not. In the second part, it expounds the definition and character of consuming bestowal. In the third part, it expounds the quality of consuming bestowal. Firstly, it displays two controversies: contract theory and unilateral act theory. Secondly, it summarizes the defects of two controversies, points out either contract theory or unilateral act theory destroys the promises coactions. Therefore, consuming bestowal should not be explained as traditional consuming bestowal, but the conventional obligation in the sales and purchase contract. In the forth part, it gives the relief norm which consults the legal system in home and abroad.Chapter two talks about the charitable contribution. It expounds the theory controversies about charitable contribution and has its own points. According to the quality of charitable contribution, it establishes the party's right-and-obligation.In part one, it summarizes the definition of charitable contribution in home and abroad, points out that charitable contribution hasn't had a clear legal definition in our country. In part two, there are two points of view in charitable contribution are bilateral transaction and unilateral transaction. In part three, from three aspects which are classification of donation, main body of charitable contribution and achieve method, purpose of lawmaking the writer gives her own opinions. It means charitable contribution should be a bilateral transaction. It also gives the definition of charitable contribution. In part four, according to legal quality of charitable contribution, it establishes right-and-obligation for both parties. At last, based on right-and-obligation, it has relief norm that in the legal dispute happens during charitable contribution.Chapter three concerns donatives behavior. It expounds the theory controversies of donation. It gets its own opinion about donation on the basis of summarizing all kinds of defects and controversies. Through comparing the donation, bestowal and charitable contribution, it establishes the right-and-obligation of two parties. At last it gives the relief norm to solve the legal dispute.In part one it overviews the donation behavior and confirms the definition and character of donation. Part two lodges six doctrines among theorists. They are donation contract, endowment in name, trust relationship, voluntary service, act of agency and altruistic contract. Part three summarizes the six doctrines, indicates the deficiency and gives the quality of donatives behavior which is the donation contract for the specially designated interest of third party. Part four differentiates the normal bestowal and charitable contribution through the legal quality of donation. Part five ensures the right-and-obligation of donatives parties on the suggestion of lawmaking in home. In the end, it talks about several kinds of disputes in donation at present and gives to the relief norm of donatives legal complication.