Protection Of The Interests Of The Donee In The Arbitrary Right Of Revocation

With the development of society, wealth accumulation, gifts such behavior becomes more common. Contract free gift of features, contains a noble quality of human altruistic self-sacrifice, at the same time, it also attracts a large number of scholars to study its properties.The nature of the donation contract, the world did not give a unified legislative provisions, some believe it is the Promise, while others think it is practical. 1999 years of the introduction of the "Contract Law" on the donation contract made specific provisions, determined our donation contract it is the Promise and give the donor the right to revoke any mode. After the introduction of the law, by a lot of praise, but there has also been a lot of questioning voice. This mode is only emphasizes the protection of the donor, while ignoring its impact on the recipient’s interests. Want to explore the deeper the actual function of the system, values, and how to balance the interests of both sides to maintain a gift, the donee in order to protect the interests of this article as a starting point, the collection of literature, comparative analysis, logic and other humanitarian law be some discussion.Through theoretical research- Comparative Analysis- System refine the ideas laid out, in addition to introduction and conclusion, this paper is divided into four parts to this question demonstrate, are summarized as follows:The first part of the introduction of any right of revocation outlined by the concept of the right to revoke any nature, exercise discussed conditions, the distinction between the right to revoke any similarities and differences with the statutory right of revocation, analysis of civil law countries grant contract different legislative model, pointing out our selection of legislation.The second part analyzes the arbitrary revocation system and protect the interests of the recipient of the conflict, the right to revoke any analysis of the donor and donee System performance is conducive to the protection of conflict between reason and cause of such conflicts.The third part of the way to protect the interests of the recipient comparative analysis, comparative analysis of the introduction of various protection role and value and its practical feasibility protect the interests of the recipient, in order to complete any of the following right of revocation and trust liability regimes do bedding.The fourth part for the lack of any right of withdrawal perfect proposal, namely by expanding the scope of the exercise of the body, limit exercise and other ways to improve the range. Perfect for these countermeasures, this paper suggests a set of legal provisions to achieve the perfect purpose, in order to achieve balance the interests of both the donor.