Legal Research On Contract Gift Avoidance System

Generally speaking, the gift contract once is established, this gift contract is effective. And it doesn't allow the donator to have the right of revocation carelessly to maintain the principle of good faith. But the gift contract is a unilateral and gratuitous contract. So to protect the donator's benefit the Law should allow the donator to have the right of revocation in some special situation. The contract law of our country divides definitely the right of revocation into legal right of cancellation and arbitrary right of revocation, and clearly stipulates both the implementation and limitation of the arbitrary right of revocation and'legal cause'of the legal right of cancellation. There are a lot of issues of the right of revocation's system of the gift contract, such as the range of the donator's arbitrary right of revocation and legal right of cancellation to balance the benefit of contracted parties; unclear subject of donation's regulations effects legal application of the gift contract, and relates to implementation of the right of revocation and so on, all this problems need a lot of legislative improvements.Except the introduction and tag of this paper, this research subject has four parts to study this title:The first chapter chiefly introduces the general issues of the right of gift contract. And points that theoretical basis of existence of gift contract is based on the gift contract is unilateral and gratuitous in arise of the need to balance the contract parties'benefits to make the donator have the privileges; examines some countries and regions in the case of gift contract's nature and according to the different nature of gift contract assures the system of the right of revocation; summarizes the right of revocation of the gift contract made by current contract law of our country.The second chapter discusses the right system of gift contract. Firstly, the author defines the arbitrary right of revocation of the gift contract. Secondly, the author points out the legislative deficiencies of the right of revocation. Finally, the author summarizes the system of right of revocation regulated by current contract law of our country.The third chapter discusses the legal right of cancellation of gift contract. Firstly, the author defines the meaning of the legal right of cancellation. Secondly, the author points deficiencies of our current system of legal right of cancellation. Finally, the author suggests the legislative improvements of legal right of cancellation in our current law.The fourth chapter discusses the subject of gift contract and the form and system of gift contract. Firstly, the author analyzes the relationship of the subject, the form and right of revocation. Secondly, the author discusses the scope of gift contract, and clearly defines that body organs can be used as the subject of gift contract. Finally, the author discusses the form of gift contract.