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赠与合同本是民法上的概念,是指在经济社会关系中的双方当事人依据意思自治、契约自由的民法基本原则进行赠与财物的相关民事法律行为。但是,现实社会中,市场经济条件下,无限制的合同自由容易导致权利的滥用,导致垄断,损害事实上处于弱势地位的一方当事人的利益,从而形成结果不公平,最终损害了整个社会公共利益。经济法以社会为本位,追求社会整体利益和实质正义,强调公共利益优于个人利益,以实现社会范围内的公平,这就要对强调意思自治的原私法关系进行变更,对无限扩张的个人权利进行限制。本文正是从经济法的角度出发,探析了在赠与合同这一私法领域由于赠品瑕疵担保的这一法律制度的不完善而带给弱势受赠人的损害事实,提出了如何进一步完善该制度,以实现实质公平这一法律价值目标的构想。
The concept of gift contract is not only the concept of civil law but also refers to the relevant civil law acts of gift property of both parties in economic and social relations based on the basic principles of civil law of autonomy of means and contractual freedom. However, under the condition of market economy, under the condition of market economy, the freedom of contract can easily lead to abuse of rights, leading to monopoly, damaging the interests of one party who is in fact disadvantaged, resulting in unfair result and ultimately undermining the public interest in society as a whole . Economic law based on the society, the pursuit of the overall interests of society and substantive justice, emphasizing the public interest is superior to personal interests, in order to achieve fair within the community, which should emphasize the autonomy of private law changes the relationship between the private, unlimited expansion of individuals Restrictions on rights. This article, from the perspective of economic law, explores the fact that the system of giving contract is a compromise to the disadvantaged, because of the imperfection of the legal system that guarantees the defectiveness of the gift, proposes how to further improve the system, In order to achieve the goal of substantive fairness, the legal value of the idea.