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捐赠作为一种特殊的赠与合同,是出于社会公益等特定目的,无偿赠予他人财物的单务合同。近年来因捐赠引发的民事法律纠纷呈上升趋势,例如合同权利主体的确定、捐赠财物的继承、受赠人可否转赠财物或改作他用等。本文从捐赠合同的性质与特点入手,着重分析和研究了捐赠在实践中的疑难问题,并根据民事法律原理及司法实践的经验,提出捐赠合同的权利主体与受益对象是两个不同概念,剩余财物不应归受益对象或权利主体所有,最后为如何处置剩余财物提出相应合理的对策。
As a special donation contract, donation is a single-service contract that is given out to others for special purposes such as social welfare. In recent years, due to donations caused by civil legal disputes are on the rise, such as the determination of the subject of the contract, the donation of property inheritance, the recipient can donate property or change for him. Starting with the nature and characteristics of the donation contract, this paper focuses on the analysis and study of the difficult problems of donation in practice. According to the experience of civil law principle and judicial practice, it is proposed that the subject of donation and beneficiary are two different concepts, The property should not belong to the benefit object or the right owner, and finally put forward corresponding reasonable countermeasures for how to dispose of the surplus property.