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赠与合同作为一种典型的单务无偿合同,在赠与关系中,仅有赠与人负担给付的义务,赠与人无对价而支付利益,受赠人却不负担对待给付义务即可获得利益,双方的利益关系完全不平等,严重违反了交易公平。为了平衡双方之间的利益关系,我国《合同法》第186条规定了赠与合同中赠与人拥有任意撤销权,以此来维护赠与人利益。然而,我国法律制度对任意撤销权的规定却存在着一些不可忽视的纰漏,落实到现实生活中,往往不能解决一些具体的问题。
As a typical single-service contract, a gift contract is only an obligation that the donor bears the burden of paying. The donor pays no interest without consideration, and the donee does not have the obligation to pay for the benefit. The two parties’ Completely unequal interests, a serious violation of fair trade. In order to balance the interests between the two parties, Article 186 of the Contract Law stipulates that the donor in the gift contract has the right of arbitrary revocation so as to safeguard the interests of the donor. However, the legal system of our country has some unavoidable flaws in the provisions of the arbitrary right of withdrawal. When it is implemented in real life, it often can not solve some specific problems.