| Donation contracts realize the allocation of resources outside market transactions through their rich realistic types and, as such, are of great significance in the social life in China. The traditional institution of donation in the continental law, especially in the German law, is based on the concept of restricted donation, supplemented by the rules of formal acts. The Chinese Civil Code does not adopt the dichotomy between formal and informal acts of donation, but only partially transplanted the above comparative law sources. As a result, the binding force of the donations is extremely weak, which is obviously contradictory to the realistic value of donations. In this situation, based on the native view of reward gifts of China, the reciprocal factor should be taken as the decisive motive, and the interpretation framework of the binding force of donations should be shaped by focusing on the purpose of donations, which is the civil law expression of “the third distribution”. We should regard “gift contracts of the nature of moral obligation” in Article 658 of the Chinese Civil Code as the typical type of donation contracts and generally acknowledge their universal binding force, and give the donor the right to cancel the contract only when the purpose of the donation is defeated, so as to develop a normative structure of “consensual + informal+ cancellation based on the frustration of purpose” that reflects the Chinese characteristics and the native view of reward gifts. |
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