Study On The Right Of Revocation Of The Contract Of Gift

A gift contract is the contract typical of free contract. Its obvious characteristic is that the donee has right to get the donor’s property without reward. To protect the donor’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.This paper has four parts to study this title:This paper first gift from the revocation of the right to contract with the connotation of the gift contract lawmaking for the revocation of the fight to respect for the fight to revoke the contract in China as a gift to the general analysis. In the second part of the gift of the right to revoke the contract itself has been discussed in detail and introduce legislations of right of revocation of a gift contract. In this part, reasons of existence of right of revocation are emphasized, that is, Chinese law regards a gift contract as consensual act, and points out that there is the right to revoke the gift contract is based on voluntary, conditionality and personal trust relationship. Shortcomings of right of revocation system are pointed out in Part three. Reasonable right of rescission fails to establish public welfare donation contract. The defects of the system makes the gift to the interests of both sides to the lack of effective protection.The fourth part of the contract is a gift of the right to withdraw any proposal to improve,such as contracting fault liability. In order to solve these problems, I give some advice to take full advantages of consensual right of revocation on the basis of balancing donor’s right of revocation and other rights.