On Right Of Defense In Poverty

Base on the single obligation and free of charge of donation contract,many countries give donors special protections through legislation,the right of defense in poverty consistent with this legislative intent.The first part introduces the concept and the natrue of the right of defense in poverty,which lays a theoretical basis for the following discusstion.The second part discusses the theory of the right of defense in poverty.Through the Legislative examples at home and abroad,pointing out the legal basis of existence of the right are based on the connaught nature,free of charge,and the principle of non-change of donation contract.The third part beginning with a case and in the course of the analysis and resolution of the case,we can realize that the right of defense in poverty conflict with the right of trust.So we proposes we should also pay attention to the protection and the relief of the donee while favorable treatment to donors,in order to balance both of their right.The fourth part is the most important part of this article.In this part we discusse how to exercise the right of defense in poverty,which includes the scope of the right,applicable conditions of the right,whether the donors' Subjective attitude can influence his right and other specifically operational questions. In the fifth part,we proposed how to improve our country's legislation by the way of summary and analysisof above article,reference advance overseas legislation,and also think about actual national conditions of our country.Than,the author hoped to assist the improvement of legislation bases on the civil law elementary theory and our country's reality,base on systematic research on the right of defense in poverty.In the end,the right of defense can apply to complex contractual relationship,play a positive vale in donation contract.