Study On The Legal Aspects Of Unilateral Promise

Unilateral promise,as one of the causes of debt,has been neglected and coldly treated in the study of modern civil law and debt law in China,but its theoretical and institutional values need to be explored urgently.In the construction of civil law debt law system,the theoretical research and judicial practice of unilateral promise have encountered significant challenges.Most of the monographs on civil law claims focus on contract,unjust enrichment,causeless management,tort and contractual negligence as causes of debt,and analyze them in detail.However,many works directly exclude unilateral promise from the causes of debt or do not mention the system of unilateral promise at all.It can be seen that the construction of unilateral promise system has not formed a complete system,whether its theoretical research or legislative status,are extremely thin and fragmented.The legal nature of bounty advertising in unilateral promise has been quite controversial,and there are mainly two major views,namely,the separate act theory and the contract theory,so which view is more suitable for the theoretical support and rule operation of bounty advertising? No consensus has been reached in the academic circle.Therefore,it is necessary to conduct an in-depth study and research on this issue.In this paper,the main content of the unilateral promise is discussed,with emphasis on the advantages and disadvantages of the controversy over whether to adopt the contractual theory or the separate act theory for the legal nature of reward advertising.It can be concluded through the process of argument that the separate act theory can not only bring into play the technical advantages of the operation of the bounty advertising system,but also reflect the inherent value advantages of bounty advertising.Therefore,the legal nature of bounty advertising should be determined as a separate act.The promulgation of the Civil Code this time,with its Article 499,establishes unilateral promise in the form of law for the first time,which is a great progress of legislation.To a certain extent,this is also an important point for the unilateral promise system to be recognized and discovered.This article will study the legal issues related to the unilateral promise system based on the analysis of Article499 of the Civil Code.The introduction of this legal provision will guide the handling of reward advertising disputes,but Article 499 of the Civil Code alone cannot provide a complete summary of the disputes arising from the unilateral promise system.In view of this,this paper will analyze and summarize the legislative provisions of the unilateral promise system based on Article 499 of the Civil Code and point out its shortcomings,and attempt to provide suggestions and prospects for the legislative provisions of unilateral promise in the hope of proposing valuable research on the legal issues of unilateral promise.