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Gift Contract Arbitrary Revocation of the Right to Study

Author: CaoXiangKun
Tutor: JiaDengXun
School: Lanzhou University
Course: Legal
Keywords: Donation contract Any right of revocation The statutory right of revocation The creditor has the right to revoke Contracting fault liability
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 260
Quote: 1
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Abstract


Gift contract is a typical representative of the unpaid contract theorists known as the practice say that the dispute with the Promise. After the promulgation of the \specific form, once the parties reached accord that established, effective for Consensual contract. Just before the transfer of the donated property rights, the donor may revoke the gift (except for three types of gift contract), this right to revoke any revocation of the right to be called the donor. That is out of this method, has attracted so many questioned the legal basis of such a system and the actual function of how? Writer For some superficial discussion. In addition to the introduction, conclusion, body, consists of four parts, summarized as follows: The first part is a theoretical analysis of the right to revoke any gift contract. This section first is any right to revoke an overview of the connotation and denotation of any right of revocation for a brief description of the origin of this call that \Second, the donation contract is divided into arbitrary withdrawal of the donation contract and can not be revoked arbitrarily grant contract two categories, and noted that it should expand the scope of the contract of gift can not be revoked arbitrarily. Again, to explore the nature of the the gift contract of any right of revocation. Finally, a brief Discrimination of any gift contract the right to revoke the statutory right of revocation, the creditor's right to revoke the similarities and differences. The second part of the basis of the right to revoke any gift contract. This section first from jurisprudence should be contingent on the angle investigate the gratuitous gift contract system, the possible impact, the following conclusions: First, free sex is the legal basis of the contract of gift; Second, the promise by nature, have to The premise of the donation contract. The third part is the right to revoke any gift contract questioned. This section first pointed out the theoretical basis of the right to revoke any gift contract, arbitrary withdrawal rights no scheduled period provides. Second, the the gift contract of any right of revocation may be abused, because any right to revoke the right to a random system. Again, the analysis of any right to revoke the contract of gift, with 189 of the Contract Law of the conflict, overlap with part applies a poor defense. On any gift contract the right to revoke the trust interests protected disharmony. The fourth part is the suggestions for improvement of the right to revoke any gift contract. This section first suggested that the scheduled period of the the gift contract of any avoidance provisions. Secondly, it is recommended that the arbitrary revocation of the right to exercise the body should include the donee. Once again, it is recommended that the Contract Law 189 exclude any applicable, the right to revoke the right of the poor defense is only applicable to the contract of gift can not be revoked arbitrarily. Finally, the proposed introduction of the Contracting negligence, and demonstrate the reasonableness of these legislative proposals from the legal.

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