Font Size: a A A

Study On The Donator's Right Of Cancellation

Posted on:2012-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:J HeFull Text:PDF
GTID:2216330338971732Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It announced 134 new dispute cases of gift contract on the Lawyee net, including 123 cases about the donator's right of canellation, namely the civil dispute by the donator's right of canellation in all gift contract achieve 91%, therefore, the donator's right of canellation is the core of gift contract legal system. The donator's right of canellation has two types, the arbitrary right of canellation, and the legal right of canellation. This design is worthy affirmative. It affirmed the nature of gift contract as promise, and regulatd the applying condition and applying force of two right. The arbitrary right of canellation due to gratuitous and promise feature of gift contract, and in order to give special treatment to donator who has the right of cancellation before the property delivering. The right could avoid the donator to fulfill the duty. The right could avoid the donator to fulfill the duty. The legal right of cancellation dues to humanity,moral and publishing the ungratefulness. When the donator meets legal condition. The right could avoid the donator to fulfill the duty. The legal right of cancellation dues to humanity,moral and publishing the ungratefulness. The donator could exercise the right when meets legal condition, caused the gift contract invalid. The establishment of donator's right of cancellation fully demonstrated the importance of donator's right of cancellation in the contract system. More important, there are many new question about the condition and force of donator's right of canellation. Theoretically further clear about the condition and force has the very vital significance.The establishment of donator's arbitrary right of canellation plays very important role in protecting the donator who seeks consideration, but it also has the deficiency, which easy to cause the donator to abuse this right, and lacks of protecting donee's faith interest. Therefore it needs to limit it from the time and the scope in the legislation, and the donator's arbitrary right eliminats after the donee has fulfilled the duty in obligation gift contract; When the donator abuse the right who should compensate the actual suffering of the donee. The establishment of donator's legal right of canellation plays very important role in protecting the donator and publishing the ungratefulness, but it also has insufficiency in the applying condition. Simultaneously it should perfect the applying condition of donator's legal right of canellation, for instance, increase the legal right when the goal of gift contract fails, settle different stipulation about scheduled period, one side of a couple has the legal right of cancellation when the other side make mistake to violate the faithful duty; and improve the legal force of legal cancellation. The donator has the right to request the donee to return the property and the interest after receving the cancellation notice.
Keywords/Search Tags:donor, arbitrary right of canellation, legal right of canellation
PDF Full Text Request
Related items