After the conclusion of the gift contract or the donor's partial performance of the gift obligation, if the donor's economic situation deteriorates significantly, which seriously affects his production, operation or family life, the donor may no longer perform the gift obligation agreed in the gift contract or part of the gift obligation agreed in the gift contract but not yet fulfilled. If the donor no longer performs the gift obligation, it shall meet the statutory conditions stipulated in this article: First, the economic situation has deteriorated significantly, which occurred after the gift contract was established, not before it was established. If his financial situation is already very bad, he still expressed his intention to give it to others. In fact, his gift intention is insincere, and the gift contract has no basis for performance. Second, the economic situation has deteriorated significantly, seriously affecting the production economy of enterprises, or making it difficult for individuals to maintain their normal livelihood and fulfill their maintenance obligations. In line with the above conditions, no matter how the gift contract is concluded or the nature of the gift, the donor can no longer fulfill the unfulfilled gift obligations.
Related to this, the outstanding problem in real life is that in social public welfare activities such as disaster relief and poverty alleviation, some enterprises clearly express their pledges in public or in the form of pledge, and then refuse to cash the pledged funds and materials on the grounds of poor operating conditions. In this regard, can the relevant enterprises no longer fulfill their gift obligations? If the economic situation of the enterprise deteriorates significantly after the pledge, which seriously affects the production and operation, it may no longer perform the gift obligation, otherwise it shall continue to perform the gift obligation. For those enterprises that are unable to donate or even on the verge of bankruptcy, if they promote their image purely for commercial purposes, and say after the pledge that the enterprise is in poor economic condition, they can't fulfill the gift obligation, then the provision that they can't fulfill the gift obligation can't be simply applied. If losses are caused to the donee, it shall be liable for damages and compensate for the losses caused to the donee.
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