更新时间:2024-09-07
赠与是件严肃的事
马龙(文)    作者信息&出版信息
Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第5期  
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1、 Alumni who failed to fulfill a donation of 11 million yuan, sued by their alma mater

Alumni Wu You promised to donate 11 million yuan to China University of Mining and Technology, but failed to fulfill it, resulting in the alma mater foundation suing her in court. Wu You became a dishonest debtor as a result. The public has different opinions on this incident, some believe that donations should fulfill commitments, while others believe that donations are voluntary. The article will explore the legal nature and effectiveness of gifts.

2、 The Legal Connotation of Gifts

In depth exploration of the legal connotation of gift behavior, clarification of the definitions of gift and gift contract, and analysis of the three main characteristics of gift behavior: firstly, gift is a legal act between both parties, requiring both the donor and the recipient to express their intentions in agreement; Secondly, gifting is a consensual act, which can be established upon mutual agreement and does not require immediate delivery of property; Thirdly, gifting is a gratuitous act, and in principle, the recipient does not need to pay consideration, but conditions can be attached. The application and significance of these characteristics in practice were explained through specific examples.

3、 Can I retract the gift after giving it?

Explored the issue of fulfilling gift commitments and pointed out that the donor can revoke the gift before the transfer of property rights, but gift contracts that have been notarized or have public welfare or moral obligations cannot be revoked arbitrarily. According to the Civil Code and the Charity Law, the donor may no longer fulfill the gift obligation when their economic situation significantly deteriorates. The law allows the donor to be exempted from the gift obligation in specific circumstances, reflecting the principle of fairness.

4、 Conclusion

The legal seriousness of the gift was emphasized, and it was pointed out that Wu You's donation commitment has legal binding force and cannot be revoked arbitrarily. Meanwhile, if the donor's financial situation deteriorates, they may be exempt from the obligation to donate. The article reminds people to take donations seriously, act within their means, and demonstrate integrity and responsibility through donation litigation events.

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