Study On The Right Of Revocation Of Donative Contract

Generally speaking，donative contract shall be effective upon its foundingnamely, and donative person is not allowed to revocate at will, especially forthe donative contract of public purpose.But since donation contract issubordinate to unilateral and gratuitous contract, to balance both sides’interests, donative person is endowed with revocation right in a particularcase, which includes arbitrary and statutory right of revocation. Then for thedonative contract, we believe， should apply to the statutory right ofrevocation.However, many problems and defects still exist in the revocationsystem of donation contract, especially in the right of revocation of donationcontract. Moreover, relevant regulations are not only insufficient but alsoambiguous.These issues need to be further improvement of the law.With “the case of Hong Kong to revoke donations”as an example, after abrief introduction of the case, this article puts forward the focus of the caseto seize the key. After the article proceeds to layer-by-layer analysis of thecase, firstly applies to arbitrary right of revocation of donation contract thecase, through a step-by-step analysis, draws a conclusion that arbitrary rightof revocation can not be applied. Then, based on the layers are intertwinedclosely, this article leads to the statutory right of revocation of donationcontract, after a simple analysis of the statutory right of revocation andcomparison with arbitrary right of revocation, concluded that the statutoryright of revocation should be applicable to the case. And then focuses on thestatutory circumstances of the legal right to revoke, in particular, is discussedin detail on this situation fit with the case,“not to fulfill a contractualobligation”. At the same time, the author also refers to the practice of Germany,France and other developed countries in the relevant legislation to prove hispoint. Finally, on the basis of the review and reflect on the case, the author puts forward some suggestions for the improvement our legislation on right ofrevocation of donative contract, trying to make exercise of the cancellationright of donative contract and responsibility sharing rationalize, whichprovided for the establishment of China’s legal system and judicial practicesome useful reference, and then strive to contribute to the continuing gooddevelopment of our donative contract theory and the perfection of the systemas well as the cause of charity donation.This paper is divided into five parts: the first part of the focus of issuesinvolved in the case on the basis of the introduction leads; the second part,on the basis of the first part, and gradually makes a reasonable answer to thequestions raised in the first part. Analysis concluded that this case does notapply to any right of revocation; the third part of the exclusion of thepossibility of any revocation of the right to apply after naturally into theanalysis of the statutory right of revocation of donative contract, concludedthat exercise is the case in Hong Kong statutory right of revocation; the fourthpart mainly analyze the legal basis for the exercise of a statutory right ofrevocation in the case in Hong Kong, especially related to the case “does notfulfill the agreed obligations under the contract of gift”. This situation wasdiscussed in detail. In addition, the introduction of legislative provisionsof some foreign developed countries also come as arguments to prove his point,and also beneficial reference for the perfect proposal of legislative later;the fifth part of the regression case, on the basis of the review and reflecton this case, indicates that the management and oversight mechanisms of thedonated property should be improved, and on this basis to further improverelevant legal regulations of donative contract, especially the right ofrevocation, and put forward some reasonable suggestions.