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赠与合同是我国合同法第十一章规定的一种典型的单务、无偿合同。赠与合同的性质为诺成合同,一旦成立生效,即对合同当事人产生约束力,赠与人须按照事先的约定来履行义务。这样难免对赠与人的利益保护不到位,对赠与人而言,有欠公允。法律给予了赠与人任意撤销的权利,使赠与人与受赠人之间的利益获得平衡。但《合同法》对于撤销权制度的规定还有不明确之处,特别是在任意撤销权的规定方面,例如法律条文笼统不清、法律名词定义发生歧义,致使在某些情况下无法较好的适用,赠与人的合法权益受到损害。
The gift contract is a typical single service contract which is stipulated in the eleventh chapter of China’s contract law. The nature of the gift contract is Connaught’s contract. Once the contract is established, it means binding on the parties to the contract, and the donor must perform the obligation according to the prior agreement. This inevitably protects the interests of the grantor is not in place, for the grantor, there is not fair. The law gives the donor the right to withdraw arbitrarily and balances the interests between the donor and the donee. However, the “Contract Law” is still unclear on the provisions of the right of withdrawal. In particular, the provisions of the arbitrary right of withdrawal, such as the unclear legal provisions, the ambiguity of the definition of legal terms and the inability to be better under certain circumstances The application, the legitimate rights and interests of the donor suffered.