论赠与人撤销权-民商法专业论文.docxVIP

II II Abstract It announced 134 new dispute cases of gift contract on the Lawyee net, including 123 cases about the donator’s right of canellation, namely the civil dispute by the donator’s right of canellation in all gift contract achieve 91%, therefore, the donator’s right of canellation is the core of gift contract legal system. The donator’s right of canellation has two types, the arbitrary right of canellation, and the legal right of canellation. This design is worthy affirmative. It affirmed the nature of gift contract as promise, and regulatd the applying condition and applying force of two right. The arbitrary right of canellation due to gratuitous and promise feature of gift contract, and in order to give special treatment to donator who has the right of cancellation before the property delivering. The right could avoid the donator to fulfill the duty. The right could avoid the donator to fulfill the duty. The legal right of cancellation dues to humanity,moral and publishing the ungratefulness. When the donator meets legal condition. The right could avoid the donator to fulfill the duty. The legal right of cancellation dues to humanity,moral and publishing the ungratefulness. The donator could exercise the right when meets legal condition, caused the gift contract invalid. The establishment of donator’s right of cancellation fully demonstrated the importance of donator’s right of cancellation in the contract system. More important, there are many new question about the condition and force of donator’s right of canellation. Theoretically further clear about the condition and force has the very vital significance. The establishment of donator’s arbitrary right of canellation plays very important role in protecting the donator who seeks consideration, but it also has the deficiency, which easy to cause the donator to abuse this right, and lacks of protecting donees faith interest. Therefore it needs to limit it from the time and the scope in the legislatio