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    Contract Law of the People's Republic of China

Contract Law of the People's Republic of China:(Specific Provisions)Chapter XI Donation Contracts

2013-10-22 10:33:26 Release Author: Read Flow:3860次
Article 185 A "donation contract" is a contract whereby the donor gives its own property to a donee gratis, and the donee indicates its acceptance of the donation.

Article 186 The donor may rescind the donation prior to the transfer of the rights of the donated property.

The provisions of the preceding paragraph shall not apply to donation contracts of a public welfare or moral obligation nature such as contracts on disaster-relief, or poverty-relief nor to the donation contracts already notarized.

Article 187 The donated property shall go through registration and other procedures if the law so requires.

Article 188 For any donation contract of a public welfare or moral obligation nature such as a contract on disaster-relief or poverty-relief, or for any donation contract already notarized, if the donor does not deliver the property to be donated, the donee may demand the delivery.

Article 189 Where damage or loss of the donated property is caused by the donor due to its deliberate intention or major fault, the donor shall hold the liability therefor.

Article 190 A donation may be subject to collateral obligation.

If a donation is subject to collateral obligations, the donee shall perform its obligations as contracted.

Article 191 If the donated property has defects, the donor shall not bear any responsibility. If the donated property under a donation subject to collateral obligation has defects, the donor shall, within the limit of the collateral obligations, bear the same liabilities as a seller.

If the donor does not notify the donee about the defects intentionally or has guaranteed the flawlessness and thus causes losses to the donee, the donor shall hold the liability for damages.

Article 192 The donor may rescind the donation if the donee behaves in any of the following manners:

(1) severely infringing upon the donor or upon any close relatives of the donor;

(2) having obligation to support the donor but failing to fulfill that obligation; or

(3) failing to fulfill the obligations as stipulated in the donation contract.

The right of rescission of the donor shall be exercised within one year from the date on which it is aware or ought to be aware of the reasons therefor.

Article 193 If a donee's illegal act leads to the death or loss of capacity for civil conduct of the donor, the heir or legal agent of the donor may rescind the donation.

The right of rescission of the donor's heir or legal agent shall be exercised within six months from the date the heir or the legal agent is aware or ought to be aware of the reasons therefor.

Article 194 If a donation is rescinded, the person having the right to rescind may demand that the donee return the donated property.

Article 195 A donor whose financial conditions deteriorates markedly and whose production, business or family life is thereby severely affected may cease to perform the donation obligations.

 

 

 


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