论赠与人的责任

赠与合同是现实生活中常见的合同之一，《合同法》设专章进行了规定，但对赠与人的责任规定得较为简单和概括。赠与人的责任可归纳为瑕疵责任（包括故意不告知受赠人瑕疵、保证无瑕疵、附义务的赠与）、缔约责任（包括无故撤销赠与及恶意磋商等）和违约责任等三种，其承担责任的条件、责任方式、赔偿范围等各不相同。

On the Liabilities of Doner

Contract of gift is a common contract in reality. In Cotract Law there is a special chapter about it. But the provisions about the liabilities of doner are relatively simple and general. The liabilities of donor can be divided into three types which are liabilities for defects (including not informing the donee of the defects intentionally, guarantee no defects, and donation with obligation), contracting liabilities (including withdrawing donation without cause and malicious consultation), and liabilities for breach of contract. They are different in the following aspects: conditions for taking liability, ways of taking liability, and scope of compensation.