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Discussion on the Rescission Right at the Will of Donation Contract

Author: LiuZuo
Tutor: LiXiaoHua
School: Nanchang University
Course: Civil and Commercial Law
Keywords: Donation contract The rescission right at will Reliance interest protection
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 91
Quote: 0
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Abstract


The rescission right at will of donation contract is a right in the contract after the establishment of a gift prior to the transfer of property, depending on the meaning of their own the right to revoke a donation, which is an important system in China’s contract law. In this paper, for any concept of the rescission right at will of donation contract and characteristics were defined and introduced its historical evolution. By any revocation of the right to grant the contract may cancel the contract with the rescission right at will of donation contract, with the statutory avoidance powers, and the debt reported in the revocation of all rights in respect of comparison, further analysis of its own characteristics. Then grant the contract free of charge from the interests of both sides has led to an imbalance in the gift contract services has led to a single person is too harsh on the gift, from the perspective of people’s limited rationality to analyze the existence of any revocation of the right to reasonable and necessary. This paper argues that the existence of the rescission right at will of donation contract is reasonable is necessary, but because the contract grants The rescission right at will of donation contract set can not stress the right to exercise any of the reasons for revocation, it may be a gift people will abuse the right and thus prejudiced by donated the interests of the people’s trust case, this time the recipient of the trust interests should be protected. So, the first part tells the system meaning of the reliance interest, including the concept, legal characteristic and legal principle value of the reliance interest, and from civil law and common law to explore the different perspectives of how to determine reasonable reliance generated standards; Second, from the civil law because of some theoretical and common-law exceptions to the rules on price theory and to prove the reasonableness of reliance interest and superiority of; the last part discusses the trust interests of the basis of liability for damage and abuse of The rescission right at will of donation contract the composition of elements, and the constitutive requirements of compensation system of the reliance interest.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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