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附义务赠与合同作为一种特殊的赠与合同,在受赠人获得较大利益,负担较小义务的同时,满足了赠与人或赠与人指定的第三人的特定权益,因而成为赠与合同的主流形式。但是在实务中,因对附义务赠与合同的性质定义不明确、对附义务赠与合同与其他赠与合同的辨别不清楚、受赠人不履行或不适当履行约定义务或赠与人滥用任意撤销权引起的赠与合同纠纷也日渐增多。因此,如何定性附义务赠与合同,划清附义务赠与合同与其他赠与合同的界限,合理行使与适当限制赠与人的撤销权,对于维护赠与人和受赠人双方的合法权益具有重要的意义。
As a special donation contract, the donation contract, as a special donation contract, has become the mainstream of the gift contract when the recipient gains greater benefits and lesser obligation, while satisfying the specific rights and interests of the third party designated by the donor or the donor. form. However, in practice, due to the unclear definition of the nature of the voluntary donation contract, the unclear distinction between the attached voluntary donation contract and other gift contracts, the failure of the donee to perform or improper performance of the agreed obligation or the abuse of the arbitrariness by the donor, Gift disputes and disputes are also increasing. Therefore, it is of great significance to define the voluntary donation contract, draw a line between the voluntary donation contract and other donation contracts, exercise the lawfully and appropriately limit the right of withdrawal of the donor, and maintain the legal rights and interests of both the donor and the donee.