According to this case, can I go back on my words and get my money back after making a public donation?
2022-08-29
Case: a love organization contacted a hope primary school in a city and said that an enterprise would organize an auction to donate to the school. At the auction, the enterprise legal person announced that it would donate 200000 yuan to the primary school, which was reported by the local media. After the ceremony, the enterprise legal person indicated that it would cancel the donation on the grounds of its economic difficulties. So, can the enterprise go back on its word and get the money back? It's OK to use this case. Article 660 of the Civil Code stipulates that if the donor fails to deliver the donated property, the donee may request delivery of a notarized gift contract or a legally irrevocable gift contract with the nature of public welfare and moral obligations such as disaster relief, poverty alleviation and disability assistance. According to this article, the donation made by the enterprise legal person to the hope primary school in this case can not be revoked in principle. However, article 666 of the Civil Code stipulates that if the donor's economic situation deteriorates significantly, which seriously affects his production and operation or family life, he may no longer perform the gift obligation. According to this article, a person whose economic situation has deteriorated significantly may not perform his obligations under the gift contract even if he does not enjoy the right of arbitrary revocation according to law. Therefore, in this case, if the economic situation of the enterprise legal person has deteriorated significantly after the signing of the gift contract, which leads to the unsustainable production and operation, the enterprise legal person may no longer perform the gift contract. (news agency)
Edit:Wei Li Bin Responsible editor:Yin Bing
Source:people.com.cn
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