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一、穷困抗辩权的含义、特征以及法理基础所谓穷困抗辩权,是指约定赠与后履行完毕前,因赠与人的经济状况显著恶化,严重影响其生产经营或者家庭生活的,赠与人可不再履行赠与义务的抗辩权。穷困抗辩权又称紧急需要抗辩权、赠与义务履行的拒绝权,最早起源于罗马法,依罗马法的规定,如果赠与人先行允诺赠
First, the implication of the right to defend the right, characteristics and legal basis The so-called poor counter-claim refers to the agreement after the fulfillment of gifts, due to the deteriorating economic status of the giver, seriously affecting their production and management or family life, the donor may no longer perform Right of defense and gift. Deprived of the right to defend, also known as the urgent need to defend the right to fulfill the gift of the right of refusal, the earliest originated in the Roman law, according to the provisions of Roman law, if the donor promises first gift