The Research Of Damage Compensation For Breach Of Gratuitous Contracts

Modern contract legislation is based on the principal of consideration andcompensation, and gratuitous contract only exists as an exception and specialcondition in the huge contract system, which differentiates from onerous contract'ssystem design in way of establishment requirement, termination method, the standardof obligation undertaking and so on. But no matter how commercialized of socialdevelopment, interest and efficiency are dominant in general social communication.Gratuitous contract does not get weak despite of its discrepancy with commercialsociety's “leading values”, on the contrary, its diversified social functions alwayspromote property transactions in a degree and social solidarity as well.In light of thefact that as a main part of civil liability system, the damage compensation liability ofcontract is related to the balance between two parties' autonomous willingness andlegal rights' protection, which is therefore highlighted in the civil legislation andtheorists. The author integrates the collected related civil judgments, and emphasizeson the donation contract to inquire the related questions about damage compensationof breach of gratuitous contract, so as to clarify our country's debtors' damagecompensation liability rule's scope and application in gratuitous contract system, and balance two parties' rights and obligations in gratuitous contract' legal nexus toprotect civil subject's legal rights. Firstly, I clarify the special rules of donationcontract which serve as the model of gratuitous contract. Then, I analyze gratuitouscustody, gratuitous delegation and debtor's damage compensation liability in nakedgratuitous contract in judicial practice. Moreover, further discussion is on howpreferential rule in gratuitous contract's damage compensation liability in contract lawaffects tortious liability's general regulation.The text is divided into five parts. First part discusses the major problem arisingfrom practical case which are donor's damage compensation liability rules'explanation and application, and gratuitous contract's debtor's contractual liabilitypreferential treatment and concurrency of infringement damage compensation liability.Second part elucidates the theoretical structure of damage compensation liability ofbreach of contract from the aspects of contract's damage compensation intereststructure and damage compensation category, which set a theory base for the text'sdiscussion about damage compensation of breach of gratuitous contract. Third partfocuses on the regulations of donor's damage compensation liability in Article189and191of Contract Law, and discusses the coordinating problems between donor'sdamage compensation liability and donor's willful revocation rights, donor's damagecompensation liability's content and scope when delivery frustration happens indonation contract which is regulated in Article189of Contract Law, and naturalproblem of damage compensation liability arising from donor's defectiveperformance and harmful delivery which is regulated in Article191of Contract Law,and content and scope of donor's damage compensation liability which is regulated inArticle191of Contract Law. The fourth part combines with our country's legalpractice to analyze debtor's preferential treatment of liability in other typicalgratuitous contracts which is regulated in sub-provision of Contract Law and debtor'sdamage compensation liability in other naked gratuitous contract which is notregulated in sub-provision of Contract Law. The fifth part bases on the theory of liability concurrency with the example of concurrency of donor's damagecompensation liability in the condition harmful delivery and discusses the effect ofpreferential rule in gratuitous contract's damage compensation liability on the generalregulation in tortuous liability in Contract Law.