Legal Probe into Rescinding the Contract of Gift
2004
In order to safeguard the principle of good faith, the contract of gift cannot be recalled because it comes into effect when it is tenable. The contract of gift is unilateral and naked, so the donor can rescind it for his benefit in special conditions. Our contract law defines the rights of voluntary recall and legal rescission and regulates how to exercise them. But does the beneficiary have the recall right? Can the donor have recall right without the reason of gift? Do the recall right and rescission right belong to the same issue? Is there any legal result when the contact is recalled? All these need to be perfected by law.
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