浅谈赠与合同中的穷困抗辩权

A Brief Talk on the Poverty State Counterplead Right Stipulated in Donation Contract

穷困抗辩权又称紧急需要抗辩权、拒绝赠与之抗辩权或赠与履行之拒绝权,是赠与人自己权益保护的制度。各国立法都规定了这一制度。本文试就穷困抗辩权的理论基础、适用条件及与抗辩权相关的一些问题予以探讨,以期在实践中更好地适用这一制度。

The ＂poverty state counterplead right＂ can be also called ＂emergency counterplead right＂, ＂counterplead right of donation refusal＂ or ＂refusal right of donation execution＂. The ＂poverty state counterplead right＂ is a system for the donator to protect his/her own rights and interests. This system has been stipulated in the laws of every country. This article tries to give a brief study and discussion on the concept, theoretical basis and application conditions of poverty state counterplead right and several relevant problems to counterplead right, in order to apply this system better in practice.