Discussion On The Donor’s Arbitrary Right Of Revocation

Generally speaking, according to the "contract will keep" principle, the contract once the entry into force of the party has binding force, the parties may not revoke. In view of the bestowal contract unilateral, free of charge, consensual, balance the interests of both parties as gift, law endows the donor to revoke the right. But our country donor to revoke the right system still exist many defects in the legislation, aiming at these defects, this paper intends to donor to revoke the right to put forward some suggestions to perfect the system, in order to improve the system of the right to revoke the effort.This research paper except the introduction and conclusion, is divided into four parts to grant the right of rescission is discussed, the abstract is as follows:The first part discusses the legislation system. Briefly describes the meaning and property of the rescission right at the will of donation contract, compares the rescission right at the will of donation contract and related legal concepts, and discusses the legal basis and the premise of it.The second part carries on the analysis of legislation mode about the donation rescission right at home and abroad, mainly divided into two legislative modes of arbitrary right of revocation, one have the rescission right at the will of donation contract, the other one do not have. The former mainly introduces the Japanese civil law, the civil law of Taiwan in our country, the civil law of mainland in our country, and the latter mainly introduces Rome law, German law, French law, the legislations of former Soviet Union and Eastern European countries, and analyzes the legislative mode above.The third part points out the legislative defects of the rescission right at the will of donation contract in china civil law. Specific include lack of necessary restriction to the right of revocation and necessary protection to the donee, the relevant provisions of the contract law are not perfect. The fourth part elaborates on the suggestions to perfect donation rescission right system. Include restrictions on the exercise of the rescission right, such as qualify the way and time limit of the exercise of the rescission right, expand the gift contract that can’t be revoked, expand subject of the right to revoke the provisions to donee, establish the compensation system to the loss of donee, perfect the relevant provisions of the contract law etc.