公益捐赠合同的法律问题研究-法律专业论文.docx

ABSTRACT Chinas public welfare activities started relatively late. And because of some historical obstacles even caused some problems in the practice，there are various problems in the reality，the weak charitable organization independence ，lack of reasonable competition environment ，and the low social credibility. For little interest from people in public welfare and wrong opinions on public welfare，our legal system is not pleasant now. The contract law has only made some amendments on the random right of cancellation. So，it is necessary to design a new type of contract to rule the public welfare activities. The first chapter of this thesis is basically to define the public welfare donation contract. Firstly referring to the theory of debate，and then according to the characteristics of the contract，it points out the particularizes of public welfare contract.Then it defines the nature of the public welfare donation contract ηle second chapter analyzed 丘。m the longitudinal angle of the contract analysis， how to establish the theory of contract 企ame. Firstly，仕om the contract of the subject， object，and content and so on，combined with the characteristics of public welfare activities，to establish a complete legal model is the issue. Thirdly，in line with the special provisions ，to research the right of cancel1ation in the public welfare donation contract，the legal effect and the rights and obligations of the parties to share. At last， public welfare contract can be divided into conditional public donation contract， unconditional donation contract and for a particular purpose of public donation contract.It tries to analyze the 吐rree types of contract rules. From horizontal comparison related legal system，Chapter three analyzed the existence of public welfare donation contract value. And some similarities of the public welfare donation contract，the gift contract and the third person interest from the contract，and some rules in public welf