Poverty Research Defenses In Special Gift

In the revocable do native contract, the donor can exercise the cancellation right to refuse to fulfill their obligation to the gift, no longer deliver the gift property. In in the nature of public welfare, justice and moral obligations in special do native contract, the donor is not shall enjoy the right of revocation, when significant changes so that its economy is poor, for fails to fulfill its obligations, the gift of the donor make what rights to relieve yourself? Based on the fairness of the civil law, the principle of changed circumstances and free of gift contract, the law gives the poor defense, donor for slope protection. When the donor exercise poor defense, may the reliance of the done interests caused a certain loss, based on the principle of fair liability, the donor shall bear corresponding responsibility, so as to balance the interests between donor and recipient. Change of the economic situation is the exercise of poor defense of donor decisive factor, regardless of whether the factors caused by the fault of the donor, and whether or not the donor for delay to perform the duty of the gift do native person to exercise this right just only for fails to fulfill its obligations and cannot request the gift of returned to the gift property has been delivered. Due to poor defense is a kind of right of defense, which, if the donor within a year to restore one’s capacity to fulfill its obligations to the gift, its commitment shall continue the gift, otherwise, can through the termination of the contract effectiveness to the termination of the contract.