A detailed explanation of the nature of the gift contract
As a unique legal act, the nature of the gift contract is multiple, and these properties together give it a unique legal status. First of all, the gift contract is a kind of promise contract, which is clearly stated in Article 657 of the Civil Code, that is, "a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift." This kind of promise emphasizes the principle of trust and honesty between the parties, as long as the parties agree on the same intentions, the contract is established, and there is no need for the actual delivery of the subject matter as a condition for its establishment.
Secondly, the gratuitous nature of the gift contract is another important feature. In a gift contract, the donor transfers property or rights to the donee free of charge, and the donee is not required to pay consideration. This kind of gratuitous nature reflects the public welfare and morality of gifts, and is also a significant difference between gift contracts and paid contracts such as sales and leases. At the same time, this gratuitous nature also means that the donor has relatively light obligations and the donee has more rights. In addition, the gift contract is also unilateral. In a gift contract, only the donor bears the obligations, while the donee has the rights. This unilateral nature makes the gift contract different in terms of legal liability, for example, in the event of a breach of contract, the donor needs to bear the liability for breach of contract alone. This one-liner nature also makes gift contracts easier and faster in practice. In addition, a gift contract is not a legal form for the circulation of goods. Although a gift involves the transfer of property, it does not fall within the scope of the exchange or sale of goods. Gifts are more based on personal will and social and moral considerations than in exchange for economic benefits. This legal form of non-commodity circulation also makes the gift contract have a certain particularity and independence in practice. Finally, the gift contract is a non-mandatory contract. This means that a gift contract does not require a specific form or formality to complete. A gift is valid as long as the parties agree, with or without written proof. This informality reflects the simplicity and speed of the gift contract, making the gift contract more flexible and easy to operate in practice.