Research On The Donor's Liability For Damages

The act of gift is the act of the donor to dispose of his property to others free of charge.As a typical non-remunerative contract,the gift contract differs from the paid contract represented by the sales contract.Because of the non-refundable nature of the gift act,the law often gives more preferential treatment to the donor's liability.Article189 and article 191 of the contract law are the special provisions on the donor's liability for compensation for damages.The purpose is to balance the rights and obligations of both parties in the legal relationship of the donor.Nevertheless,in the specific judicial practice,there is still a lack of clear understanding of articles 189 and191,which leads to different judgments in similar cases.Therefore,this paper intends to make an in-depth discussion on the provisions of articles 189 and 191 by combining with the legal issues about donor's liability in judicial practice.The article is developed in three parts: the first part introduces the main issues to be discussed by the practical cases and theoretical studies.In theoretical research and judicial practice,the disputes surrounding the liability for damages in the case of the damage or loss of the item of article 189 mainly focus on the nature of the liability and the way of assuming the liability,so it is necessary to clarify the content of article189.At the same time,it raises the issue of liability for damages in other cases of breach of contract not directly stipulated by law,that is,whether it applies the provisions of the General Rules of Contract Law(Article 107)or analogously applies Article 189.However,the discussion on the liability of compensation for defects ofgifts in article 191 mainly focuses on whether the nature of the liability stipulated in this article is the liability for guarantee of defects or the liability for breach of contract.As well as the issue of the scope of damage compensation in Article 191,paragraph 2and whether there is a competing claim with the tort.Through the disclosure of the above controversial issues,determine the thesis of this article.The second part is the analysis of article 189 of the contract law.Mainly from the nature of liability,the scope of compensation,the way of liability,the scope of application and its breakthrough.Firstly,the nature of the liability in article 189 is defined as the liability for breach of contract,and on this basis,the scope of the donor's compensation for damages is limited.As for the breakthrough in the specific form and applicable scope of the undefined liability in this article,this paper analyzes and thinks about it in combination with cases.The third part is the analysis of article 191 of the contract law,which mainly discusses whether and how to provide private remedies to the donee when the gift is defective.Firstly,article 191 should be characterized as incomplete performance liability rather than defect guarantee liability.The denotation of "blemish" is clearly defined as the blemish of material and the blemish of right.The relationship between principle and exception existed between article 191,paragraphs 1 and 2.That is,unless the circumstances of paragraph 2 are met,the donor shall be exempted or partially exempted from liability in accordance with paragraph 1.With regard to the donors in paragraph 1,"there is no responsibility",this article believes that not only is not liable for damages,it is also not responsible for continuing to perform and correct the payment.At the same time,it discusses and clarifies the scope of the damage compensation in paragraph 2 which is theoretically controversial,and discusses whether the liability for breach of contract and the tort liability caused by the infringement of benefits caused by the loss of the inherent benefits of the grantee are considered.The law 's idea of reducing the donor 's liability should not have an impact on the tort liability law.In the case of meeting the general infringement requirements,tort liability can still be claimed.?...