The Research About The Abolition Of The Donor’s Arbitrary Right Of Revocation

The gift as a common property disposition, is playing a more and more important role in modern society. It can promote the property circulation, improve the utilization efficiency of property, and has a certain economic effect; at the same time, the free quality of gift makes the recipient get profit purely, shows people’s virtues by helping each other, and pushes overall social morality promotion. It is precisely because of the gift that has an important role in real life, so it is necessary to pay attention to the gift, to explore whether it is reasonable and perfect. Due to the free nature of the gift,which reflect more of a celebration of their moral values and ethical requirements above the law, that is what we pursue, not mandatory that everyone must do. Therefore, to benefactors, our laws should be given more encouragement and support, rather than demanding, so the abolition of the donor’s arbitrary right of revocation came into being. When lawmakers around the world formulate the related donor rules, they are trying to make the interests balanced of the parties, reduce the burden of the donor, based on this purpose, the countries in the world realize it through different ways in law, but our country regulates the arbitrary right of revocation. This article was chosen to study this question, precisely because of the special status of the arbitrary right of revocation in gift rules, what makes it necessary to conduct a detailed study.This paper attempts to explore the donor’s arbitrary right of revocation in four parts: First, analyze the donor’s arbitrary right of revocation on a basis; Secondly, this paper discusses the donor’s arbitrary right of revocation of its theoretical basis and the constituting mode of current donation rules in different countries of the world, and make the corresponding evaluation; Although the donor’s arbitrary right of revocation has its relevant considerations, however, there is a big problem. Therefore, the third part shows that the flaws of the donor’s arbitrary right of revocation in our country now; Finally, it puts forward the solution, namely, the abolition of the donor’s arbitrary right of revocation, and the feasibility study of detailed to abolish. This is the whole of this article. The text below briefly explains the important structural information.The first chapter respectively analyze the donor’s arbitrary right of revocation from the meaning,existing source, the nature of the dispute and the conditions for the exercise of the the donor’s arbitrary right of revocation, to briefly know some basic knowledge of the donor’s arbitrary right of revocation.The second chapter discusses the theoretical basis of the donor’s arbitrary right of revocation into two parts. The first part described the value judgments in the legislation that especially protect the interests of donor; secondly, to explore the commenting on and determination of the nature of the gift contract, it is decided that adapting to the nature of the establishment of arbitrary revocation right system, these two aspects elaborated the donor existing theoretical basis for any cancellation right. The second part, it respectively introduces and evaluates to the current world on the establishment of the donative contract mode, then concluded a better model, providing basis for the below system.The third chapter points out the defects of the donor arbitrary revocation right system, which actually argues the necessity of the abolition of the donor any cancellation right. from different aspects. This article tells from four aspects, first of all, the right to revoke any donor contrary to the basic principles of contract law, it is theoretically flawed; secondly, a detailed description of the donor and other rights to revoke any terms contradicting to the rules of conflict with the formation of the right with the other the right to revoke the right to revoke any configuration discrepancies and imbalances, to prove its presence in the legislative defect; Third, whether the contract will be recognized as a consensual contract or a real contract, the donor lacks coordination with the right, there are unexplained logic errors; and finally, stating that if the continued existence of the negative effects of the donor’s arbitrary right of revocation, it is not conducive to build the integrity of the faith system, causing people to be capricious, inconsistent, and making random breach became legitimate. In summary, it is necessary to abolish the donor’s arbitrary right of revocation.The fourth chapter proposes measures for perfecting the abolition of the donor arbitrary right of revocation, and respectively continue to introduce from four different stages of gift contract of the abolition of the donor any cancellation right to carry on the protection of law benefit, to demonstrate the abolition of the donor any cancellation right is practicable. First of all, it should introduce intention reservation system to protect the interests of the donor in the period of the gift contract negotiation stage. Secondly, in the donative contract stage, it should draw lessons from foreign gift contract legislation pattern, namely takes the form of regarding respectively to divide from the nature of the gift contract, generally oral gift and personal rights related gift using practice; written,public welfare and gift adopting consensual. Divided from the form of gift contract, personal property, public welfare and moral gift, using information; real estate and right gift, using formation. Third, in the performance stage of gift contract, maintenance the donor’s benefit through perfecting the legal right of revocation and poverty of defense. Finally, in the period of donative contract liability, it should improve the liability for guaranteeing the drawbacks of the donor’s delay in performance, to achieve the protection for the interests of the donor.Conclusion: the text is intended to achieve the perfect rules of gift contract to protect the interests of the donor and a balanced interests of both parties to grant contracts based on the argument of the necessity and feasibility of donor’s arbitrary right of revocation.