Gift Contract The Right To Revoke Study

Along with the "inviolability of private property" into the Constitution, the protection of private property formal legal recognition to the people the gift of private property activities increased. Since the "PRC Contract Law" (hereinafter referred to as China's Contract Law) promulgated and implemented, on the gift of the controversial nature of the basic contract calm down, China's Contract Law scholars almost unanimously that:the contract for a single gift, free, Connaught, not contract. Precisely because of the gift contract of Connaught-established and strengthened the gift contract of the gift of restraint, but because of the gift is the gift of the contract will own the property free to the recipient of the contract, based on the balance of the gift recipient and interests between the needs of China's contract law also established a gift avoidance system. Avoidance is a person only on the rights and the eradication of unilateral means that civil legal effect of the formation, its role is to force the civil legal effect eradication.The contract gift avoidance system is a new legal system, which is to examine in depth at the history of hasty legislation, the traditional "gifts of the contract in order to contract" thinking habits and potential impact of its theoretical study also exist a number of blind spots. This paper gift from the general right to revoke the contract of the gift contract revocation of the right to revoke the contract and grant legal consequences of the exercise of the right in terms of the grant contract avoidance system were able to do a study.This paper first gift from the revocation of the right to contract with the connotation of the gift contract legal basis for the revocation of the right to respect for the right to revoke the contract in China as a gift to the general analysis: The author believes that China's Contract Law-gift contract for Connaught into the system, a gift of the right to revoke the contract formation of a legal basis, gift contract avoidance is essentially "withdrawn" in nature, similar to the Right; In the second part of the gift of the right to revoke the contract itself has been discussed in detail. Specific taken " application of local experience to the entire area" to the point, the gift is more arbitrary revocation of the contract and the right to revoke the statutory right to legal representatives or heirs, and the statutory right to revoke, respectively argumentation, and then, for the gift of exercise of the right to revoke the contract several major elements: the main exercise, the exercise of the Elements, the exercise period, the scope and procedures of each analysis, features, combining comprehensive exposition of his views. The third part of this paper, namely "gifts exercise of the right to revoke the contract legal consequences" of the author as a gift from the exercise of the right to revoke the contract legally binding (including Retroactivity) and the gift of arbitrary abuse of the right to revoke the legal responsibilities of the two angles demonstration. The author believes that as a gift from arbitrary abuse of the right to revoke a three elements: a gift to the contract exists; Subjective gift to the people of arbitrary exercise of the right of withdrawal is at fault; Objective side to the gift recipient who withdraw from the exercise of the right of the actual loss. For our jurisprudence on the right to revoke the gift contract is the most controversial, the greatest gift of contract differences arbitrary revocation of the right of accountability of the gift is the responsibility of the contracting responsibility for negligence or tort liability, the authors put forward his own views: that is because the abuse of the right to revoke any losses resulting from the recipient of the gift should bear tort liability, the amount of compensation to actual losses are limited.Over the gift of the right to revoke the contract system some of the questions involved in the theory of China's civil law system, harmony and gift contract accurate characterization, in practice affect the interpretation of the gift contract system applies, therefore, it is necessary to grant the right to revoke the contract system for more in-depth research and study.