There are eleven articles in this chapter, which stipulate the concept of the gift contract, the establishment of the gift contract, the rights and obligations of the parties, the liability for warranty against defects, the arbitrary and legal revocation of the gift, and the liability for breach of contract.
Article 185 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.
[Interpretation] This article is about the concept of gift contract.
A gift contract refers to a contract in which the donor gives his property to the donee free of charge and the donee is willing to accept the gift. We can see the following connotations from the concept of gift contract:
1. Gift is a kind of agreement and a legal act of both parties. Although the gift contract is a unilateral and free contract, it needs the unanimous expression of will of both parties to be established. If one party has the will to donate, but the other party has no intention to accept the gift, the gift contract cannot be established. In real life, there will also be cases where one party is unwilling to accept the gift from the other party for some consideration. In this case, the gift contract will not be established.
2. A gift contract is a contract to transfer the ownership of property. A gift contract is a contract in which the donor gives his own property to the recipient, and it is a contract in which the donor transfers the ownership of the property to the recipient. This is the main difference between a gift contract and a loan contract.
3. The gift contract is a free contract. The so-called "free contract" refers to a contract in which only one party pays, and the other party does not have to pay the corresponding price to the other party. In the gift contract, only the donor gives his property to the donee free of charge, and the donee obtains the donated property without paying the corresponding price to the donor. This is the main difference between a gift contract and a paid contract such as buying and selling.
4. The gift contract is a unilateral contract. The so-called "unilateral contract" refers to a contract in which only one party bears the debt and the other party does not bear the debt, or although it bears the debt, it has no consideration relationship. Under normal circumstances, only the donor has the obligation to give his own property to the donee in the gift contract, and the donee is not obliged. In a gift with obligations, the donor has the obligation to pay his property to the donee, and the donee undertakes certain obligations according to the contract, but the obligations undertaken by the donee are not the consideration of the obligations undertaken by the donor, and the obligations in between are not corresponding to each other, so the gift contract is a unilateral contract.
5. The gift contract is a promise contract. Whether the gift contract is a practice contract or a promise contract is directly related to when the gift contract was established. Whether a gift contract is based on the delivery of the subject matter has different provisions in foreign legislation, and there are different understandings in China’s legal circles. The so-called "practice contract", also known as "material contract", refers to a contract that can be established only after the parties agree on their intentions. It is based on the agreement of the parties and the delivery of the subject matter. The so-called "promissory contract", also known as "non-material contract", refers to a contract that can be established when the parties agree on their meanings. It is based on the agreement of the parties.
The former Soviet Union and some countries in Eastern Europe regard the gift contract as a practical contract. German, Japanese and Taiwan Province in China define the gift contract as a promise contract in their legislation. In the legal field of our country, some scholars advocate that the gift contract is a practical contract; Some advocate that the gift contract is a promise contract.
In the process of drafting and amending the chapter of contract law, there are different views on whether the gift contract should be defined as a practice contract or a promise contract, and when the gift contract was established. Some people think that the gift should be a practical contract, which is established when the subject matter is delivered. Otherwise, it is unfair for the donor to reach an agreement between the parties, and if the donor fails to perform the gift obligation, it will be enforced. At the same time, it will also make the donor feel worried when expressing his willingness to give, thus giving up the idea of giving, which in turn will reduce the chances of the recipient. Some people think that the gift should be a promise contract, and the contract will be established when both parties agree. If the donor can not perform the delivery obligation before delivering the gift, and the expression of the gift is not binding on the donor, it runs counter to the principle of good faith. The material and economic preparations made by the donee for accepting the gift based on his trust in the donor can not be compensated, which is also extremely unfair to the donee. Others believe that the oral gift contract can be stipulated as effective when the property is delivered; At the same time, the written gift contract is stipulated as effective after the contract is concluded, because the parties have already concluded a written contract, indicating that their intention has been expressed more carefully, and the parties should fulfill their gift obligations according to the contract.
The provisions of the contract law indicate that the gift contract is a promise contract, and it is established when the parties agree, regardless of whether it is concluded orally or in writing, or whether the donated property is delivered. At the same time, considering that in the gift contract, it is inevitable that the donor will act on impulse, so the contract law also stipulates the application of arbitrary cancellation of the gift contract (see later).
6. The gift contract is a gratuitous contract. Whether the gift contract is an important contract or an unnecessary contract is also related to whether the gift contract is established. The so-called "essential contract" refers to a contract that must be in a certain form according to the law. The so-called "non-contract" refers to a contract that is not required by law to have a specific form. An optional contract does not exclude the use of written or notarized forms, but the form of the contract does not affect the establishment of the contract. According to the provisions of the contract law, the gift contract is an unnecessary contract. The gift contract can be in oral form, written form or notarized after the contract is concluded. No matter what form it takes or whether it is notarized or not, it will not affect the establishment of the gift contract.
There are different regulations in different countries on whether the gift contract is an unnecessary contract and whether it must be notarized. For example, Germany, France and Italy require that the gift contract be notarized. Germany stipulates that in order to make the contract of payment by gift valid, its agreement should have a notarized certificate. Those who lack the means specified in the preceding paragraph may perform the agreed payment and supplement it. France stipulates that all living gifts should be made in front of a notary by the usual contract, and the original contract should be kept with the notary, otherwise the gift contract will be invalid. Italy stipulates that the gift should be made by notarization, otherwise it will be invalid. In Japan and Taiwan Province, China, gifts are allowed in written or non-written form, and there is no requirement that the gift contract must be notarized.
Article 186 The donor may revoke the gift before the right to donate the property is transferred.
The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation or notarized gift contracts.
[Interpretation] This article provides for the arbitrary revocation of gifts and its restrictions.
The arbitrary revocation of a gift means that after the gift contract is established, before the right to donate property is transferred, the donor can stop being a gift according to his own meaning. The arbitrary revocation of the gift stipulated by law stems from the fact that the gift is a free act. Even if the gift contract has been established, the donor can be allowed to cancel the gift for some reason, which is also a significant difference between the gift contract and other paid contracts. In particular, some gift contracts are concluded because of temporary emotional factors. If the donor is absolutely not allowed to cancel, it is too harsh and unfair for the donor.
However, if there is no restriction on arbitrariness, it means that the gift contract has no binding force, which is unfair to the recipient, violates the principle of honesty and credit, and is also an impact on social morality. Therefore, the revocation of the gift should have the following restrictions:
1. If the donated property has transferred its rights, the donor shall not arbitrarily revoke the gift. If a part of the donated property has been delivered and its rights have been transferred, the arbitrary revocation of the gift is limited to the part that has not been delivered and its rights have not been transferred, so as to maintain the stability of the rights and obligations of both parties to the gift contract.
2. If the gift contract is notarized after it is concluded, the donor shall not cancel it at will. In other words, the gift contract that can be revoked at will is limited to the gift contract without notarization. After the conclusion of the gift contract, the parties are notarized by the notary department, which shows that the expression of their gift will has been very cautious. Therefore, the gift contract that has been notarized shall not be arbitrarily revoked by the donor.
3. A donation contract with the nature of social welfare and moral obligation, regardless of the form in which the parties conclude it, whether it is notarized or not, and whether the donated property has transferred its rights, the donor shall not revoke it at will. Gifts with the nature of social welfare mainly refer to gifts for the purposes of disaster relief, poverty alleviation, student assistance, etc. or for financing public utilities such as public facilities construction and environmental protection. The public welfare nature of this kind of gift determines that the donor shall not revoke the gift at will. Because there are moral factors between the parties, it is not moral to allow the donor to revoke it at will. Therefore, such a gift shall not be arbitrarily revoked by the donor.
Here, we can review the provisions of the fourth draft of the draft contract law: "The donor may revoke the gift before delivering the donated property. The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation or concluded in written form. "
The revision of the draft contract law mainly considers two issues. First, change "delivery" to "transfer of rights". "Delivery" only refers to the actual delivery of the physical object and belongs to the recipient. Of course, the ownership of the gift is generally transferred at the time of delivery, but there are also cases where the law provides otherwise or the parties agree otherwise. As for the transfer of rights, there may be two situations: the first situation is that the donated property has not been actually delivered, but its ownership has been transferred to the donee; In the second case, the donated property has been occupied by the donee, but its ownership has not been transferred. The "transfer of rights" is broader and more accurate than "delivery", so the draft is revised. The second is to change "concluded in written form" to "notarized". The gift contract concluded in written form is inevitably thoughtless due to temporary emotional factors, while the notarized gift contract can not be said to be careless. In order to balance the interests of both parties to the gift contract, the above amendments were made.
Article 187 If the donated property needs to go through registration and other formalities according to law, it shall go through the relevant formalities.
[Interpretation] This article is the provision that the gift of special property needs to go through relevant legal procedures.
Where the law provides that special procedures are required for the gift of property, such provisions shall be followed. This is mainly for special gifts, such as real estate. For example, in accordance with the provisions of the "People’s Republic of China (PRC) Real Estate Management Law", if a real estate is donated, it shall apply to the real estate management department for registration of property ownership change. As for whether the registration has an impact on the establishment of the gift contract, it should be determined according to the provisions of relevant laws. If the registration procedure stipulated by law is only "filing", then the gift contract should be established even though the registration procedure has not been fulfilled; If the registration required by law is an important requirement for the contract to take effect, even if it is not registered, it will not affect the establishment of the contract, but the contract will not be effective; If the registration stipulated by law is a necessary condition for the establishment of a contract, then the registration procedures must be performed if the contract is to be established, otherwise the contract will not be established.
Article 188 If the donor fails to deliver the donated property in a gift contract or a notarized gift contract with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation, the donee may demand delivery.
[Interpretation] This article provides for the responsibility of the donor not to deliver the donated property.
It is the donor’s obligation to deliver the donated property to the donee and transfer its ownership according to the donation contract.
Whether the donor’s failure to deliver the donated property constitutes a breach of contract and bears the liability for breach of contract shall be distinguished according to the purpose of the gift and whether the gift contract has been notarized. According to the provisions of the contract law, in general gift contracts, the donor can revoke the gift before transferring the right to give the property. Therefore, for this kind of gift contract, if the donor does not pay the donated property, the donee can’t ask the donor to pay the donated property, and the donor is not liable for breach of contract.
A gift contract or a notarized gift contract with the nature of social public welfare and moral obligation such as disaster relief and poverty alleviation shall be deemed as a breach of contract when the donor delays or fails to perform the obligation to pay the donated property. The donee may request the donor to pay the donated property, but if the donor still fails to do so, the donee may bring a lawsuit to the people’s court and demand it to perform the gift obligation.
As we all know, in the flood fighting and disaster relief fund-raising activities in 1998, hundreds of millions of yuan of money and materials were pledged by all sectors of society, some of which were pledged orally by telephone, and some of them were donated in the form of a pledge with official seals. Whether the pledge must be fulfilled became one of the focus topics in the society at that time. It is said that donation is a gift, and the nature of the gift contract is a practical contract. Only after the donor delivers the money and goods, the contract has legal significance. Before the money and goods are delivered, if the donor reneges, he will face moral condemnation at most and will not bear legal responsibility. On the other hand, pledging in public is a means for some enterprises to expand their popularity. Before holding a press conference, holding up signs and making subtitles, the pledging unit and the recipient unit signed more donation agreements or the pledging unit issued a pledge letter, which meant that it was not prudent. Donors do not honor their pledges, and some have the ability to fulfill them but deliberately delay them; Some of them are in poor operating conditions and still owe a lot of debts, in order to promote themselves. If there is a donation agreement, a pledge is issued or a donation is announced to the public, it is not only a deception to the public, but also a violation of the principle of good faith in law. In this regard, the law should clearly stipulate that donors must fulfill their donation obligations, and if they refuse to do so, they can request the people’s court to force them to do so.
The contract law stipulates that the donation has the nature of social welfare such as disaster relief and poverty alleviation. If the donor fails to deliver the donated property, the donee can ask for delivery, which legally regulates this kind of donation behavior.
As the gift contract is a unilateral contract, only the donor undertakes the obligations unilaterally. When the donor fails to fulfill the obligation to deliver the gift property, its liability should also be limited, unlike the general bilateral contract, it should also pay delayed interest or compensate other losses when fulfilling the payment obligation. If the donor fails to deliver the donated property as stipulated in the contract law, the donee may request delivery, that is, it does not include delay interest and other damages, but is limited to the donated property itself. This provision is also consistent with the provisions of some other countries and Taiwan Province. As stipulated in Germany, the donor is not obligated to pay the delayed interest. In Taiwan Province, China, it is stipulated that when the donor fails to fulfill his moral obligation, the donee may request to deliver the gift or its price. However, it shall not claim interest or other damages for non-performance.
Article 189 Where the donated property is damaged or lost due to intentional or gross negligence of the donor, the donor shall be liable for damages.
[Interpretation] This article is a provision on the responsibility that the donor should bear for the damage and loss of the donated property caused by intentional or gross negligence.
If the donated property is damaged or lost due to the donor’s intentional or gross negligence, what kind of responsibility should the donor bear? This provision indicates that when the donated property is ineffective or no longer exists due to the donor’s intentional or gross negligence, the donor may be exempted from the obligation to deliver the donated property, but shall be liable for other losses caused to the donor.
Article 190 A gift may be accompanied by obligations.
If the gift is accompanied by obligations, the donee shall perform the obligations as agreed.
[Interpretation] This article is a provision on gifts with obligations.
(A) the concept of gift with obligations and its characteristics
A gift with obligations, also known as a gift with burdens, refers to a gift on the condition that the donee pays a certain amount to the donor or a third person, even if the donee bears certain obligations after accepting the gift. The gift with obligation is different from the general gift, but belongs to a special gift. Characterized in that:
1. Generally speaking, the donee only enjoys the right to obtain the donated property and does not undertake any obligations. For a gift with obligations, the donor attaches certain conditions to the gift, so that the donee assumes certain obligations.
2. Gifts with obligations have certain limits, which are usually lower than the value of the donated property.
3. Under normal circumstances, the performance of the donee’s obligations will not occur until the donor has fulfilled the gift obligation, but it is also acceptable unless otherwise agreed by the parties.
4. The obligations attached to the gift may be agreed to be performed by the donor, a third party or an unspecified majority.
5. Fulfilling the obligation of the gift can be an act or an omission according to the agreement of the parties.
6. The obligation attached to the gift is an integral part of the gift contract, not another independent contract.
(two) the effectiveness of the gift with obligations
1. The donee shall perform the obligations as agreed in the contract. After the donor pays the donated property to the donee, the donee shall perform its obligations according to the contract. If the donee fails to perform, the donor has the right to require the donee to perform his obligations or cancel the gift. If the donor cancels the gift, the donee shall return the donated property to the donor.
There are regulations in some countries and Taiwan Province in China that the donee should fulfill the obligation of gift according to the contract. As stipulated in Germany, if the donor has paid, he may request to fulfill his burden. If the donee fails to perform the burden, the donor may, in accordance with the provisions on the return of unjust enrichment, request the return of the gift according to the elements of the right of rescission stipulated in the contract between the two parties. For example, in Taiwan Province, China, if the donor has paid for the gift and the donee fails to fulfill its burden, the donor may request the donee to fulfill its burden or cancel the gift.
2. The donee has the responsibility to fulfill his obligations only within the value limit of the donated property. The gift is a free contract, and its purpose is to benefit the donee. If the attached obligations exceed the value of the donated property, the donee will suffer disadvantage, which is also inconsistent with the original purpose of the gift. Therefore, if the donated property is not enough to offset its attached obligations, the donee is only responsible for fulfilling its obligations within the value limit of the donated property. In other words, if the obligations attached to the gift exceed the value of the donated property, the donee is not responsible for fulfilling the obligations that exceed the value of the donated property.
German and Chinese Taiwan Province also stipulate the limits of the donee’s performance of obligations. Germany stipulates that if the value of the gift is obviously insufficient to cover the expenses required for fulfilling the burden due to the defect of the right or the gift, the donee may refuse to fulfill the burden until the insufficiency caused by the defect is compensated. If the donee performs the burden without knowing that it is defective, the donee may request the donor to repay the expenses to the extent that the expenses incurred by the donee in performing the burden exceed the value of the defective gift. In Taiwan Province, China, it is stipulated that if the gift with a burden is not enough to cover the burden, the donee is only responsible for fulfilling the burden within the value limit of the gift.
3. In the gift with obligations, if the donated property is defective, the donor shall bear the same liability to guarantee the defects as the seller within the limits of the obligations attached to the gift (see below for details).
Article 191 Where the donated property is defective, the donor shall not be liable. For a gift with obligations, if the donated property is defective, the donor shall bear the same responsibilities as the seller within the limits of obligations.
If the donor intentionally fails to inform of the defects or guarantees that there are no defects, thus causing losses to the donee, he shall be liable for damages.
[Interpretation] This article is about the donor’s liability to guarantee the defects of the donated property.
Because the gift contract is a free contract and the gift is an act for the benefit of the donee, the donor’s liability for guaranteeing the defects of the donated property is different from that of the paid contract. The connotation of this article has three aspects:
(1) If the donated property is defective, the donor shall not be liable in principle.
(2) In a gift with obligations, if the donated property is defective, the donor shall bear the same responsibilities as the seller within the limits of the obligations attached to the donee. As far as the general gift is concerned, the donor does not bear the liability for warranty of defects in principle. However, for the gift with obligations, although the donee receives benefits, he has to fulfill the agreed obligations. If the donated property is defective, it will inevitably lead to the loss of the recipient’s interests, which does not correspond to the rights and obligations stipulated in the contract, so that the recipient suffers losses. In order to protect the interests of the donee and seek fairness, the donor should bear the responsibility of defect guarantee. As far as the obligations performed by the donee are concerned, it is just like the position of the buyer in the sales contract. Therefore, the donor should bear the same liability for warranty of defects as the seller in the sales contract within the limits of the obligations attached to the donee.
(3) If the donor intentionally fails to inform of the defects or guarantees that there are no defects and causes losses to the donee, he shall be liable for damages. It is subjectively malicious for the donor to intentionally fail to inform that the donated property is defective, which also violates the principle of good faith. If the defects of the donated property cause other property losses or personal injuries to the donee, he shall be liable for damages. If the donor intentionally fails to inform of the defect, but does not cause losses to the donee, he shall not be liable for compensation. If the donor guarantees that the gift is flawless and causes losses to the donee, he shall also be liable for damages.
There are some regulations on the donor’s liability for warranty against defects in foreign countries and Taiwan Province, but there are some differences. As stipulated in Japan, the donor is not responsible for the defect or lack of the donated subject matter or right. However, this restriction does not apply if the donor knows that there is a defect or deficiency but does not inform the donee. For a gift with a burden, the donor shall bear the same guarantee responsibility as the seller within the limit of the burden. Germany stipulates that the donor deliberately conceals the defects of the right or the gift, and is liable for the damage caused by the defects of the donee. According to the regulations in Taiwan Province, the donator is not liable for guarantee if the gift or right is defective. However, if the donor intentionally fails to inform him of the defects, or guarantees that he is free from defects, he shall be liable to compensate the donee for the damage caused by the defects. If there is any defect in the gift or right attached to the burden, the donor shall bear the same guarantee responsibility as the seller within the limit of the burden borne by the donee. Thus, Japan, Germany and Taiwan Province all stipulate that the donator should bear the liability for compensation if he intentionally fails to inform the donator of the defects of the gift and causes damage to the donee. As for the liability for damages caused to the donee by the donor’s guarantee that there is no defect, Taiwan Province area of China has made provisions, but Japanese and German have not.
Article 192 If the donee is in any of the following circumstances, the donor may revoke the gift:
(a) serious infringement of the donor or the donor’s close relatives;
(two) the donor has the obligation to support and fails to perform;
(3) Failing to perform the obligations stipulated in the gift contract.
The donor’s right of revocation shall be exercised within one year from the date when he knows or should know the reason for revocation.
[Interpretation] This article provides for the statutory revocation of the donor and the period during which the right of revocation is exercised.
The legal revocation of a gift contract means that after the gift contract is established, the revocation right holder can revoke the gift under the circumstances stipulated by law. The difference between legal revocation and arbitrary revocation of a gift lies in: first, the revocation of a gift must be based on the reasons stipulated by law; Second, as long as there are legal reasons, no matter what form the gift contract is concluded or even notarized, no matter whether the donated property has been delivered or not, no matter whether the gift belongs to social welfare and moral obligation, everyone who has the right to cancel the gift can cancel it.
Gift is an act that makes the donee gain benefits. If the donee has done harm or other ungrateful acts to the donator, the law should give the donator the right to revoke the gift. The legal revocation of a gift contract is an illegal act of the donee or an act that violates the stipulations of the gift contract. The donor’s right to revoke the gift according to law is an important content of legal protection for the donor.
(a) the legal revocation of the donor
According to the provisions of this article, the three legal situations in which the donor can revoke the gift have the following meanings:
1. The donee seriously infringes on the donor or the donor’s close relatives. The main points are as follows: First, the donee committed a serious infringement, not a slight and general infringement. Second, the donee infringes on the donor himself or his close relatives, including spouses, immediate family members (parents, children, grandparents, grandchildren, grandchildren, etc.) and brothers and sisters. If it infringes on other relatives and friends, it is not included.
As to whether the recipient’s infringement must be intentional or not, the legislation of some countries and Taiwan Province is different. For example, according to German regulations, when the donee commits a major infringement or a major ingratitude to the donor or his close relatives, the donor may revoke his gift. In Taiwan Province, China, however, it is stipulated that the donee has intentionally infringed on the donor or his nearest relatives, and there is a clear penalty in accordance with the criminal law; And if the donor fails to perform the maintenance obligation, the donor may revoke his gift. It can be seen that the legal reasons for revoking the gift in Germany are relatively loose, and it does not specifically point out that it is intentional behavior, nor does it emphasize that the donor can revoke the gift if it reaches the level of crime. In Taiwan Province, China, the conditions are more strict, which is both intentional and criminal. According to the contract law of our country, as long as the donee seriously infringes on the donor or the donor’s close relatives, the donor can revoke the gift, not limited to intentional and criminal acts.
2. The donee has the obligation to support the donor and fails to perform it. The main points are as follows: first, the donee has the obligation to support the donor. Second, the donee has the ability to support the donor, but does not fulfill the obligation to support the donor. If the donee has no ability to support or has lost the ability to support, the donor does not have the right to revoke the gift.
3. The donee fails to perform the obligations stipulated in the gift contract. The main points are as follows: first, the gift contract stipulates that the donee has certain obligations. Second, the donor has delivered the donated property to the donee. Third, the donee fails to fulfill the obligations stipulated in the gift contract. In a gift with obligations, the donee shall fulfill his obligations as agreed. After the donor has delivered the donated property to the donee, if the donee fails to fulfill his obligations, the donor may revoke the gift.
In order to determine the future of the gift relationship as soon as possible, the revocation right holder shall exercise the revocation right in time according to law. The period for the donor to exercise the right of revocation is one year, counting from the day when he knows or should know the reason for revocation. This period belongs to scheduled period, that is, the exercise period of a certain right is predetermined by law, and there is no question of suspension, interruption and extension. If the holder of the right of revocation fails to exercise the right of revocation within the period prescribed by law, his right of revocation shall be extinguished.
Article 193 If the donor dies or loses his capacity for civil conduct due to the donee’s illegal act, the donor’s successor or legal representative may revoke the gift.
The right of revocation of the donor’s heir or legal representative shall be exercised within six months from the date when he knows or should know the reason for revocation.
[Interpretation] This article provides for the statutory revocation of the heir or legal representative of the donor and the period during which the right of revocation is exercised.
The right of revocation of the gift should have belonged to the donor, but when the donor died or lost his capacity for civil conduct due to the illegal behavior of the donee, the donor’s right of revocation could not be exercised in fact. Only when the donor’s heir or legal representative exercises the right of revocation can the donor’s right and willingness to cancel the gift be realized. At the same time, only when the donor can’t exercise his revocation right, the donor’s heir or legal representative has the right to revoke the gift. Therefore, the heir or legal representative of the donor must revoke the gift based on the legal situation that the donor died or lost his capacity for civil conduct due to the illegal behavior of the donee.
The reasons for the donor’s heirs to exercise the right of revocation are also different in other legislative cases. The rule in Germany is that the donor’s heir has the right to revoke the gift only when the donee causes the donor’s death due to intentional and illegal acts. It is stipulated in Italy that if the donee is sentenced for intentionally killing the donor or intentionally preventing the donor from revoking the gift, the heir of the donor can file a lawsuit to revoke the gift. It is stipulated in Taiwan Province that if the donee causes the death of the donor or prevents him from being revoked as a gift due to intentional illegal behavior, the heir of the gift may revoke his gift. It can be seen that in the case of the donor’s heir revoking the gift in Germany, there is no reason why the donee obstructs or prevents the donor from revoking the gift.
The period for the heir or legal representative of the donor to exercise the right of revocation is six months, counting from the day when he knows or should know the reason for revocation.
Article 194 Where the revocation right holder revokes the gift, he may request the donee to return the donated property.
[Interpretation] This article provides for the effectiveness of the exercise of the right of revocation.
The legal revocation right of the gift should be the right of formation, which will take effect once the revocation right holder exercises it, thus dissolving the gift relationship. When the donated property is not delivered, the donor may refuse the gift; If the gift is revoked after the delivery of the donated property, the donor or his successor or legal representative may request the donee to return the donated property.
Article 195 If the donor’s financial situation has deteriorated significantly, which has seriously affected his production, operation or family life, he may no longer perform his gift obligation.
[Interpretation] This article provides for the statutory circumstances under which the donor can no longer perform the gift obligation.
This provision shows that after the conclusion of the gift contract or after the donor has partially fulfilled the gift obligation, the donor’s economic situation has deteriorated significantly, seriously affecting his production, operation or family life, and the donor can no longer fulfill 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 one’s own economic situation is already very bad, he still expresses his intention to give to others. In fact, his intention to give is insincere, and the gift contract has no basis for performance. Second, the economic situation has deteriorated significantly, which has seriously affected the production economy of enterprises, or made it difficult for individuals to maintain their normal livelihood and fulfill their maintenance obligations. If the above conditions are met, no matter how the gift contract is concluded and the nature of the gift, the donor can no longer perform the unfulfilled gift obligation.
Related to this, the outstanding problem in real life is that in social welfare activities such as disaster relief and poverty alleviation, some enterprises explicitly express their pledges in public or in the form of pledges, and then refuse to cash the pledged funds and materials on the grounds of poor business conditions. In this regard, can the relevant enterprises no longer fulfill their gift obligations? If the enterprise’s economic situation deteriorates significantly after the pledge, which seriously affects its production and operation, it may no longer perform its gift obligation, otherwise it shall continue to perform its gift obligation. For those enterprises that have no financial ability to donate, or even are on the verge of bankruptcy, they promote their image purely for commercial purposes, and after pledging, they say that the enterprise’s economic situation is not good enough to fulfill the gift obligation. The author believes that the provision of "can no longer fulfill the gift obligation" cannot be simply applied. If losses are caused to the donee, they should bear the liability for damages and compensate the losses caused to the donee.
When drafting the provisions of the statutory circumstances in which the donor can no longer perform the gift obligation, the question of whether the donor’s economic situation has deteriorated significantly, seriously affecting his production, operation or family life, and whether he can request the donee to properly return the donated property has been studied and discussed. On this issue, other legislative cases are also different. For example, Germany stipulates that the donor may refuse to perform the agreement given by gift because he is unable to perform the agreement because he considers other obligations he has undertaken, such as not damaging his livelihood equivalent to his own status or the maintenance obligation imposed by law. It is also stipulated that the donor may, in accordance with the provisions on the return of unjust enrichment, request the donee to return the donated goods, provided that the donor cannot maintain a livelihood commensurate with his own status after performing the gift, or cannot perform the statutory maintenance obligations for his relatives, spouses or ex-spouses. It can be seen that Germany not only allows the donor to refuse to fulfill the obligations stipulated in the gift contract, but also gives the donor the right to request the recipient to return the gift after fulfilling the gift obligation. In Taiwan Province, China, however, it is stipulated that the donor’s economic situation has changed significantly after the donation agreement. If the donation has a significant impact on his livelihood or hinders the performance of his maintenance obligations, he may refuse to perform the donation. It can be seen that its provisions do not request the return of the contents of the gift.
The draft contract law has stipulated that if the donor’s economic situation deteriorates significantly, which seriously affects his production, operation or family life, he may refuse to perform the gift obligation or request the proper return of the donated property. For this provision, some comrades in departments and units believe that it is not appropriate to make a provision that the donor can request the return of the donated property. The reasons are as follows: 1. After the gift of the property, times have changed. If the donated property has been consumed, it is difficult to return it. Especially for donations for public welfare purposes such as disaster relief, poverty alleviation, and student aid, if the money and materials have been used for donation projects, such as disaster relief materials have been distributed, and the money and materials for student aid have been built into "Hope Primary School", it is unrealistic to return them. 2. If the gift is returned, it will lead to difficulties in the life, production and operation of the donee, and it is unfair to the donee. 3. It is not conducive to the stability of the relationship between the parties to request the return of the property after it is given away. The contract law adopted the above opinions and deleted the content that "the donor can properly request the return of the donated property".
标签： 广州桑拿
Chevrolet’s new generation Corvette or mass production in 2014
This is a unique sports car, and it should be a sports car that you think will cost millions, but you can actually buy it with a fraction. But its domestic price is several times that of the United States, and when we bought it, our mood was completely different from that of Americans. Even if Corvette is an American sports car, I will give it 10 points for its progress and dream.
Culture is hard to understand in different environments. I can’t personally understand what an 8-cylinder naturally aspirated sports car means to Americans. But I clearly know how much I wish we could have our own Corvette.
The representative work of American sports car is not perfect, but sexy and grounded. In its birthplace, it is a dream that ordinary people can realize through struggle. As the seventh generation product, C7 Stingray has well continued these family temperament. If you travel to the United States, you should rent one and experience the American dream on the straight route 66.
Affected by typhoon Mina, Zhejiang will face stormy weather during the National Day holiday.
There are overcast clouds in front of shanghai dawn. (Infographic) Photo by Zhang Yuhuan
Zhongxin. com, Hangzhou, September 29 (Reporter Zhang Yuhuan) On the 29th, the reporter learned from the Zhejiang Meteorological Observatory that according to the latest meteorological data analysis, it is expected that during the National Day holiday this year, Zhejiang Province will be successively affected by typhoon Mina and weak cold air, among which the province will usher in stormy weather from 1 to 2, and the typhoon center may have 14 to 15 winds passing through the sea.
The National Day holiday coincides with the growing autumn in Zhejiang. The temperature is generally suitable, but the daily temperature range is large. The average annual temperature in most parts of Zhejiang is 20-22℃, the average precipitation is 15-40 mm, and the average precipitation days are 2-3 days.
Street in downtown Hangzhou. Zhang Yuhuan photo
With the approaching of Typhoon Mina, the 18th this year, the National Day holiday in Zhejiang will also usher in a stronger autumn. On the 29th, the typhoon was strengthened from a tropical storm level to a strong tropical storm level. It is expected to pass the northeast of Taiwan Province Island on the evening of the 30th, and then gradually turn to the north and move towards the north-central coast of Zhejiang.
Influenced by Typhoon Mina, Zhejiang Meteorological Observatory predicted that the wind power in the southern part of the East China Sea will start to increase from the 29th, and there will be 11-13 winds in the East China Sea from the 30th to October 1st, and 14-15 winds in the nearby waters where the typhoon center passes, and the wind power in the coastal waters of Zhejiang Province will gradually increase to 10-12, and 13-14 in some areas. There are also 7-9 winds in some inland areas of Zhejiang Province, and there are heavy rains and heavy rains in eastern Zhejiang and parts of northern Zhejiang.
West Lake in Hangzhou. Zhang Yuhuan photo
From October 3rd to 4th, Zhejiang Province was dominated by cloudy weather, with the highest daily temperature of 32-34℃ in most areas. From October 5th to 7th in the latter part of the holiday, affected by the weak cold air in the north, there was weak precipitation in some areas of Zhejiang Province, and the temperature dropped slowly. The lowest temperature in the morning of October 7th was 16-19℃.
The meteorological department reminded that during the National Day holiday, there were heavy rains and heavy rains in eastern Zhejiang and northern Zhejiang, and there were strong winds at sea. Relevant departments should pay attention to preventing the adverse effects of strong winds at sea on island tourism and maritime traffic. From October 3rd to 7th, the weather conditions in Zhejiang Province are generally favorable for leisure travel, but with the influence of cold air moving eastward and southward, we still need to pay attention to the obvious cooling and weak precipitation process. (End)
Tencent Music Entertainment Group to Create a World-class Performer of ＂On the Exhaustion of Chinese Music＂ Talk about exploring the creation and promotion of Chinese music.
On February 28th, the cross-border music interactive talk show "Guo Le Jing Hua Lun" jointly produced by Tencent Music Research Institute under Tencent Music Entertainment Group, Guoxiaole and QQ Music Guole Huanxin was officially broadcast. Talk to world-class Chinese musicians and talk about the past and future "evolution" of Chinese music. From February 28th, The Theory of Chinese Music will be broadcast on the whole platform of QQ music, cool dog music, cool me music, national karaoke and Tencent video at 12:00 every Wednesday.
The theme of the first program, "Cyber and Prosperity", was presented by china opera percussion player Wang Jianan and Fang Jinlong, a Chinese music artist, a collector of musical instruments and a representative of contemporary five-string pipa, to discuss the collision between traditional Chinese music and future technology.
In the first program "Cyber and Prosperity", Fang Jinlong talked from past lives, a five-string pipa, and expressed his opinions on how to promote the prosperity of Chinese music and the help and influence of the development of intelligent technology on music from the perspective of industrial big data industry. As a representative of the contemporary five-stringed pipa and a collector of musical instruments, Fang Jinlong shared the development history of the five-stringed pipa in a simple way, and put forward the concept of "keeping upright and innovating", which is not conservative and innovative.
Regarding the influence of cutting-edge technologies such as AI on the music industry, Fang Jinlong said that he is the beneficiary of the development of science and technology, but the special touch created by live performance is irreplaceable. In this regard, Wang Youyou, deputy secretary-general of Tencent Music Research Institute, also shared his observations on technology and music from the perspective of the platform. At present, Tencent Music is feeding back music through technology, allowing more people to enter the music circle, thus expanding the music population and stimulating more people’s creativity and appreciation, thus realizing the prosperity of technology to music. At the end of the program, Fang Jinlong and Wang Jianan improvised a five-string pipa and China drum percussion version of "House of Flying Daggers", which led the audience to intuitively appreciate the infinite charm of Chinese music.
All along, Tencent Music takes music as the medium and strives to be a good disseminator of China music culture. As its professional research platform, Tencent Music Research Institute actively studies important issues in the development of the industry, connecting relevant parties in the industry with all walks of life, promoting multi-party dialogue and co-construction, and promoting the sound development of the digital music industry. In 2022, Tencent Music Research Institute founded the public welfare research project of "High-end Interview on China’s Music Industry Research". Now, it has officially presented its achievements with the launch of "On the Exhaustion of Chinese Music", and will also bring fresh and interesting thoughts to the majority of music lovers through more topics on Chinese music that keep pace with the times and the stirring views of musicians. Next, the program "On the Exhaustion of Chinese Music" will join Ma Jiuyue, one of the founders of China’s new folk music, Feng Mantian, a yueqin player, Chen Jun, a "Tai Chi Qin Xia" and Liu Le, a "Zheng Xing Ren", and other well-known Chinese musicians to help Chinese excellent traditional culture to flourish in a rich topic of Chinese music.
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The content of the article is for reference only and does not constitute investment advice. Investors operate accordingly at their own risk.
Future community concept empowers urban organic renewal.
In 2019, the work report of Zhejiang provincial government put forward the concept of "future community" for the first time. This concept focuses on the basic unit "community" of this beautiful city construction, focusing on three major value coordinates of humanism, low-carbon and digitalization, including nine scenes: neighborhood scene, education scene, health scene, entrepreneurship scene, architecture scene, traffic scene, low-carbon scene, service scene and governance scene, covering from engineering construction to system construction.
The "14th Five-Year Plan" clearly puts forward that urban renewal should be accelerated, and the functions of stock areas such as old residential areas, old factory areas, old blocks and villages in the city should be upgraded, the renovation of old buildings should be promoted, and new parking lots and charging piles should be actively expanded. As a community planner, the author adheres to the goal of "vibrant neighborhood" when participating in community urban renewal projects, innovatively introduces the concept of "future community", respects public opinion and empowers wisdom. From the perspective of humanism, low-carbon and digitalization, this paper discusses how to implement the future community concept in the organic renovation of old residential areas, and puts forward corresponding suggestions.
Starting with "people-oriented", we should worry about people’s urgency and worry about people’s worries.
First, the foundation should be solid. The foundation here, on the one hand, means that the basic research work before the transformation should be solid, we should dig deep into the root of the problem and identify the needs of residents; On the other hand, it means that the transformation and upgrading of infrastructure should be solid, not just superficial, but thorough and in place to avoid repeated rectification and constant disturbance to the people.
Different from new projects, old residential areas have their particularity and uniqueness. They need to check and fill gaps instead of starting from blanks. Therefore, the organic renewal and renovation of old residential areas should proceed from the needs of residents, do a good job of preliminary research, and give priority to ensuring the renovation content closely related to residents’ lives. Through a large number of practices, it is found that, in view of the demographic characteristics of the large proportion of middle-aged and elderly people in old residential areas, the reconstruction should pay special attention to the construction of neighborhood scenes and health scenes, and increase the communication space, community activities space and health care space for the elderly.
Second, the operation and maintenance should be pre-positioned. According to the scene construction requirements of the future community, the operation and maintenance of the old community is a very important part of the transformation of the old community besides the engineering construction. Only by operating the community as a whole can we really stimulate the vitality of the community, bring new features to the residents of the community and let them truly experience the improvement of their quality of life.
At the beginning of the renovation project design, the professional operation and maintenance team should make detailed planning and formulate the overall plan of community operation, thus giving guidance to the spatial layout of public service facilities. Community operation mainly includes educational scenes such as kindergartens and happy schools, as well as service scenes such as community commerce and convenience services and health scenes such as indoor fitness facilities; What needs to be maintained mainly includes public service scenes such as community shared study room and community medical station, and online service scenes such as community neighborhood mutual assistance integral mechanism, digital learning integral application mechanism, traffic information publishing platform and intelligent parking system.
Third, governance should be long-term. The organic renovation of old residential areas not only needs to upgrade the "hardware" of the residential areas, but also needs to upgrade the "software". If engineering design is "hardware", then community operation and maintenance and governance are "software". The quality of community governance is an important reference for residents in old communities to judge their happiness. The governance of old communities cannot be achieved overnight. First of all, it is necessary to establish a set of community management mechanism with clear responsibilities and responsibilities under the guidance of party building, so as to ensure the fairness and justice of community governance; Secondly, it is necessary to establish an effective self-government mechanism for community residents, increase residents’ participation, and convey the concept that "the community is my home", thus ensuring people’s democracy in community governance; Finally, it is necessary to do a good job in supporting facilities such as space and digital platforms to help implement the governance mechanism.
Pay attention to the concept of "low carbon", do a good job of scientific publicity and calculate the economic account
The first is to achieve engineering. In order to promote the concept of low carbon, it is necessary to implement "low carbon+"and "+low carbon" in the project. Under the premise of not increasing or slightly increasing the project cost, the "low carbon" of the future community can be realized by changing the design methods and technological processes. For example, in the process of rainwater and sewage reconstruction, the concept of sponge city construction is adopted, and some rainwater runoff pollution is controlled by changing outdoor vertical, reducing local green space elevation, increasing high-level flower beds and increasing wastewater storage in the balcony of the building facade, so as to realize low-carbon and toughness of the water system; For the construction of garbage sorting kiosks, the installation of photovoltaic equipment, the installation of water-saving and energy-saving equipment and other projects, low-carbon scenes can be created from the side to help achieve the goal of "double carbon". In addition, the old residential area does not mean that there are no new buildings. For new buildings, we should follow the low-carbon requirements in the architectural scene, design and build according to the requirements of Samsung’s green buildings, and realize the engineering of low-carbon concept.
The second is to realize the benefits. Economy is the catalyst for promoting the development of ideas. To promote low-carbon ideas, it is necessary to calculate the small economic accounts of community operations and the large economic accounts of social benefits from the perspective of economic interests. That is, from the perspective of use, low-carbon facilities such as photovoltaic power generation, water-saving facilities and central heating can reduce expenditures; From the perspective of social benefits, low-carbon facilities such as water-saving and energy-saving facilities and low-impact development facilities can reduce resource consumption and carbon emissions. Garbage sorting facilities can help realize the reuse of recyclable garbage, and the recycling of renewable energy such as kitchen waste compost can reduce resource waste.
The third is to realize human culture. Combine the low-carbon concept with Chinese traditional culture to promote the low-carbon concept to be deeply rooted in people’s hearts. "Saving" is the traditional virtue of the Chinese nation, and the concepts of water saving, energy saving and resource reuse coincide with the low-carbon concept. By combining the two, residents can accept new ideas more easily, thus achieving the purpose of publicity and promotion. In addition to the specific facilities construction, the low-carbon scene can also be realized by combining the neighborhood cultural scene or through the garbage classification and integral system and other governance scenes.
Push "Digitalization" Reform, Make Good Use of Intelligent Facilities and Assist Management.
In the new era of information explosion, people’s food, clothing, housing, transportation, work, study and even management services are inseparable from the use of data. In the application process of nine major scenes in the community, CIM (Urban Information Model) platform plays a very important role, and the application of each scene is inseparable from the digital platform.
The first is to realize the networking of life services. To carry out digital reform, we should follow the trend, help residents realize the functions of Internet of Things such as shopping, take-out and express delivery, provide service scenarios such as O2O business services and O2O housekeeping services, build educational scenarios such as smart bookstores and online schools, and set up health scenarios such as online doctors’ diagnosis and treatment and continuous health monitoring. Without leaving home, we can "master all the information in the world, eat, drink and get everything done".
The second is to realize the platform of community management. To carry out the digital reform, we should strengthen the digitalization of community governance, community security and community service, and build a "platform+housekeeper" property service model by building a community intelligent service platform, so as to realize the management service functions such as automatic identity registration (face recognition), epidemic prevention management, information sharing (vegetable price, weather forecast, important notice release, real-time update of public transport system, etc.), parking vehicle guidance in residential areas, parking space sharing in multiple residential areas, and realize fire warning. Through the digital platform, the management efficiency is effectively improved, and the timeliness, fairness and visualization of community management are guaranteed.
The third is to realize the diversification of scene applications. In the future, the nine major scenes of community construction can be built by digital means. Through the joint efforts of online and offline, the nine major scenes are more perfect and convenient to use. The existence of digital platform is more convenient for sharing facilities between communities, coordinating the public resources of the 15-minute convenience living circle, and helping the residents in old communities to improve their quality of life. In addition, there are many middle-aged and elderly people in old communities, which are restricted by objective factors such as age and culture, and their acceptance of smart devices and smart platforms varies. In view of this phenomenon, automatic function and one-button trigger function should be added in the process of wisdom transformation to facilitate the study and use of the elderly.
Problems and countermeasures of future community construction in the transformation of old residential areas
First, it is difficult to approve public buildings. Old residential areas are different from newly developed commercial housing areas. Due to the design concept and construction standards at that time, there are usually problems such as close spacing between buildings and insufficient public supporting facilities. Due to the limited space in the old community and the shortage of land in the old city, it is difficult to find suitable space to build new community public buildings. It is a good choice to demolish, rebuild or rectify the abandoned and inefficient buildings in the old residential area, but at the same time, the planning approval and architectural scheme review of the building are limited by the latest design specifications, so it is difficult to implement.
It is suggested that when the original public buildings in the residential area are demolished and rebuilt, the planning and approval conditions of the building scheme should be relaxed, and the rebuilt buildings should be allowed to be built without exceeding the original building volume or alleviating the adverse effects on the surrounding buildings. Paying attention to the priority of function has an important contribution to the public supporting services of the community, and more than two-thirds of the residents in the community agree that the existing public illegal buildings are allowed to continue to be used, and the property rights belong to the streets, so as to solve the contradiction between actual needs and planning approval.
Second, it is difficult to complete the green space rate index. With the development of economy and society, the living standards of residents are constantly improving, and the extensive use of private cars leads to a serious shortage of parking spaces in residential areas. In order to solve the parking problem, it is an inevitable choice for residents to sacrifice green space to increase parking spaces.
It is suggested that in the review of planning conditions of renovation projects, the requirement of green rate should be appropriately reduced, and the condition of green rate should be added as a supplement, and ecological measures such as vertical greening and roof greening should be encouraged to improve the living environment of residential quarters.
Third, the scene construction space is difficult to land. There are many limited conditions and few public spaces in the organic renewal and transformation of old residential areas. It is suggested that in the future community scene construction, the roof and underground space can be needed, especially the roofs of public bicycle garages and public buildings, and public activity spaces with security can be formed through transformation; It is suggested that more consideration should be given to the utilization of compound space, such as time-sharing classes, setting movable partitions in community auditoriums, and sharing the party building center with conference rooms to increase the utilization rate of public space; It is suggested to use online scene construction to reduce dependence on physical space and facilitate residents’ participation and community management.
The future community construction is the inevitable way to build this beautiful city and an important means to achieve the goal of common prosperity. How to make the old community bid farewell to the old and backward living conditions, rejuvenate and transform into a complete community is an important mission of the future community construction. In the process of organic renovation of old residential areas, we should vigorously promote the concept of future community construction and realize the long-term stability of old residential areas.
Jiang guochao
Senior engineer and registered urban and rural planner of Jiaxing Planning and Design Institute Co., Ltd., graduated from the Department of Regional and Urban Planning of Zhejiang University. He has been engaged in general planning, special planning, detailed planning and other planning for a long time, and now focuses on the research, planning and scheme design of frontier disciplines such as sponge city construction, old community reconstruction and future community construction, with rich design experience and professional technical ability. Participated in the compilation of the national standard atlas "Design Example of Sponge City Construction" and "Technical Standard for Green Space Construction and Management in Sponge City", and presided over the compilation of the project "Upgrading and Renovation of Old Residential Areas in Nongxiang District of Nanhu District", which has been included in the topic of the Ministry of Housing and Urban-Rural Development and is being applied for the future community in Zhejiang Province.
Shanghai bill exchange opened today, and the bill market has entered a new stage.
Cctv newsThe Shanghai Bills Exchange, led by the head office of the People’s Bank of China, officially opened this morning.
Zhou Xiaochuan, Governor of the People’s Bank of China, said that the formal establishment of the Shanghai Bill Exchange is an important measure to deepen financial reform and development in China. In recent years, the rapid development of China’s bill market has played an important role in broadening the financing channels of enterprises and improving the multi-level financial market system. As a national unified bill trading platform with multi-functions of bill trading, registration and custody, clearing and settlement, and information service, Shanghai Bill Exchange will greatly improve the transparency and trading efficiency of the bill market, stimulate market vitality, and better guard against bill business risks; It is also helpful to improve the central bank’s financial regulation, optimize the transmission mechanism of monetary policy, and enhance the ability of financial services to the real economy.
The so-called negotiable instrument, according to the definition of China’s "Negotiable Instrument Law", refers to the securities with the purpose of paying money. Generally, it refers to bank drafts and commercial drafts, checks and cashier’s checks. Bills can be used for payment, mortgage and loan, and also have many functions such as financing, circulation and settlement. It is a common tool in modern finance.
According to insiders, China’s bill market is basically a spontaneous market at present, and various transaction barriers and information asymmetry have reduced the resource utilization efficiency of the bill market to a certain extent and increased the financing cost of the real economy, especially small and medium-sized enterprises. The establishment of the bill exchange will break the current bill market structure, form an intensive market organization form with legal persons as the main participants, electronic custody of paper bills and centralized and transparent information, help to break through the restrictions of geography and time on transactions, enable market participants to obtain more comprehensive and true market information, establish a nationwide, highly centralized and unified market form, improve the owners’ willingness to trade and speed of circulation, and further strengthen the supporting role of bill acceptance and discount to the real economy.
At the same time, the establishment of the bill exchange is helpful to improve the risk management level of the whole bill market. Bill business involves many risks, such as compliance risk, market risk, operational risk, moral hazard, etc., and there are many characteristics such as large amount of cases and hidden modus operandi. In recent years, a number of bills-related cases broke out in Agricultural Bank of China, China CITIC Bank and bank of tianjin, and some cases involved billions of yuan, which brought great risks to the market. The establishment of the bill exchange will help the central bank to standardize the market behavior, and by issuing and solidifying the bill supervision regulations and risk dynamics, it will help to enhance the understanding and understanding of the bill rules and regulations, risk prevention and control, and compliance operation of market participants, and improve the compliance of market participants’ behavior.
In addition, the settlement of Shanghai Bill Exchange in Shanghai has a far-reaching impact on the construction of Shanghai International Financial Center and Pilot Free Trade Zone. It is conducive to enriching the infrastructure of the financial market and further improving the market system and functions of Shanghai International Financial Center; Further enhance the global influence of Shanghai International Financial Center.
After its opening today, Industrial and Commercial Bank of China successfully completed a 1 million-yuan commercial bill reposting and cash selling business on the Shanghai Bill Exchange, which is also the first bill reposting and cash selling transaction after the opening of the Shanghai Bill Exchange. (CCTV reporter Zhang Daofeng Wang Lei)
Focus analysis： The window shop has been abandoned, and the tea shop is getting bigger and bigger.
On July 24th, on the first floor of Shanghai Heshenghui Plaza, the first newly opened LELECHA.PARK became a new punching place, and young people who came for early adopters lined up in a long queue.
With a number of stalls and a variety of peripheral products, Lele Tea Tea Paradise looks more like a lifestyle collection shop related to tea, and it is also a carnival for young people chasing the new tea trend.
Lele Tea Garden is also the largest store of the brand so far, covering an area of 1,000 square meters.One trend is that most tea brands are there.Work hard against Starbucks in terms of space and consumption experience.Try to open a bigger store. Not only Lele tea, but also CoCo Coco tea, Bayishan tea and Naixue tea.
CoCo, a veteran tea player, is using a modern and larger high-value new store, so consumers no longer have to experience wind and sun when waiting for drinks to come out. CoCo can also get rid of the image of "window tea shop" and realize brand upgrading and transformation. CoCo can say in an interview that it will not sign stores below 80 square meters in the future. In 2019, the number of CoCo stores exceeded 3,000, and the monthly turnover of a single store was between 300,000 and 400,000 yuan. This is a good business data for CoCo Coco, which has a lower unit price.
Ba Yishan, who is extravagant, opened a 3500-square-meter super-large shop, trying to sell the concept of leisure space for high-quality tea. There is an amusement park, a maternal and child room and a dressing room in the store. In addition to the common slides, the amusement park also has facilities such as basketball machines and doll machines. As an important player of new tea, Naixue’s tea has also recently launched blablabar pub, which not only enriches the scene, but also contributes to improving the overall profit of the brand.
The tea-making paradise opened by Lele Tea is one of the richest product forms among big store players. There are 10 stalls in the new store, selling 11 sub-brands, including Lele Tea, TEA GELATO, TEA POPSICLE, BREAD LAB, PILLOW TOAST, PINEAPPLE, BERRYHERE, BOBOCAKE, TEA LAB and TEA FACTORY, including classic Lele Tea, ice cream, popsicle bread, pillow toast, pie, strawberry cake, freshly baked Shufulei, etc.
Tea and soft bags are still the main categories. TEA LAB includes not only classic cheese fresh fruit tea, but also new products such as cross-border brewed beer tea, chicken tail tea, tea-making coffee, tea ice music and so on, as well as cold-extracted tea featuring original leaves. BREAD LAB has several main soft package brands. In order to enhance the brand style, Lele Tea and Michelin-starred chef Christophe Dufossé also launched two cooperative products, MOREFUN BREAD.
Lele Tea Garden also introduced scenes such as tea bars and tea houses for the first time. Consumers who arrive at the store can choose tea leaves and make tea themselves. In addition to selling the main products such as tea and soft bags, the aisle of the store opens up a display area for surrounding products, and puts cups, espresso, tea sets, tea leaves and other commodities.
Opening a big store is a high-investment and high-risk action.Bayishan’s "Big Mac" store spent more than NT$ 200,000 just in the window. According to the Wall Street Journal, Starbucks once chose to slow down the plan to open a shop in Zhenxuan Workshop because of the high cost of big stores.
When a tea brand opens a big store, it is necessary to choose a point with high cost performance as much as possible. Take Xicha as an example. In the big stores in shopping centers, they usually choose a location far away from the entrance of shopping malls to save costs as much as possible. Due to the numerous brands of shopping centers and obvious scale effect, even if the location is not so conspicuous, it can attract a large number of passengers. 36Kr also learned from an employee of a shopping center that many shopping centers attach great importance to the drainage effect of online celebrity tea shop and can generally give a relatively favorable rental price. The same is true for the location of Lele Tea Tea Paradise.Ba Yishan provides another way of thinking. Meilindian chose an industrial park with an area of over 1000 square meters. becauseIn the industrial area, you can get a larger storefront and the rent is lower. Although far from the city center, butParking is very convenient, close to convenient target customers.
Due to the high cost of big stores, tea brands are opening some small stores to provide self-service and take-away services while opening big stores. For example, Hi Tea opened a smart store, HEYTEA GO. There is no cashier in the store, and users can order their own orders through the Hi Tea GO applet.This means that tea players should not only expand brand influence, but also occupy consumers’ minds through new and unique space experiences; It is also necessary to pursue scale, and cover more consumption scenes through small take-out and self-lifting stores that are lightly decorated and light of assets, so as to improve the efficiency. However, because milk tea mainly focuses on leisure and holiday scenes, the demand for diverse scenes is higher than that of coffee that attaches importance to business scenes. Therefore, milk tea shops are still more willing to open large stores to attract tourists.
Behind the growing store is the brand’s helplessness to the reality of the industry.
The iteration of the new tea industry is too fast, and players need to continue to create freshness through differentiated play. On the one hand, they resist the cross-border of catering brands and the attack of coffee brands; Internally, reduce the threat of homogenization competition in the industry.
Because tea products occupy an important position in the food and beverage product mix and can bring a large number of young passengers, major food and beverage giants are opening related sideline businesses. Xiabu Xiabu opened a 200-square-meter tea shop, and Haidilao launched milk tea in 48 cities across the country, so that consumers can buy a cup of tea to quench their thirst after eating hot pot. Western fast food such as McDonald’s, KFC and Pizza Hut are also constantly introducing new seasonal teas, while coffee brands Starbucks, Costa and Ruixing also want to share a piece of this market. Ruixing even created a brand-new brand of deer tea, launched more than a dozen new products at a time, and found a niche Haoran Liu contemporary speaker.
In addition to competition, tea brands hope to give consumers a space to streamline their experience through multiple innovative scenarios, stimulate consumers’ buying behavior with different commodities and consumption links in a relatively complete consumption closed loop, and maximize brand influence. Consumers are too fickle, so tea brands have to speed up the pace of innovation and constantly give new labels to brands to keep these young people chasing the trend.
The bigger the store is, the more categories and SKUs the tea brand can provide, which is based on higher revenue targets. The profit that can be created by selling a cup of tea or coffee alone is always limited. Tea brands are trying to expand the baking business such as soft European bags and cakes, and do a good job of matching tea with soft European bags in order to seek more profit space.
But this road is not easy.The gross profit of soft European bags is between 50% and 60%, which is slightly lower than 70% of tea. According to a source from the tea industry, making soft European bags requires larger stores, more professional pastry chefs, the establishment of a central factory (such as Naixue’s tea, which is made into semi-finished products and then uniformly distributed to stores for on-site baking) and the increase in distribution costs, which cannot be made up by the sales of soft European bags, which is likely to lower the overall efficiency of stores.
New-style tea tries to retain consumers with fresher gameplay, more products and constantly adjusting stores, so as to earn more wins in the competition, which brings them huge financing and high valuation. How to provide good tea stably, control the cost structure and integrate the scattered tea supply chain are all topics that players need to further consider.
After all, new tricks can only bring temporary freshness, but it is difficult to guarantee the long-term brand.
(All the pictures in this article were taken by the author himself)
Exclusive observation ｜ Domestic movies are released overseas, and brave ＂non-Hollywood＂!
1905 movie network news On July 8th, several cinemas in London, Birmingham and Sheffield, thousands of kilometers away from China, were waiting patiently for a Chinese film to enter.
What they are waiting for is an anti-epidemic movie that is currently being shown in China. From the perspective of ordinary people, the film truly restores the ordinary and heroic anti-epidemic images of the people of China, and shows the endless "spring power".
"The films are mainly distributed in London and several other famous university towns, and there are more international students in China — — They are very important audiences for Chinese films in the UK. " In an interview with 1905 Film Network, Luo San, the executive deputy general manager of 1905 Film, who is in charge of the overseas distribution of the film in the above areas, revealed that the focus of the British distribution was local China students, and the summer file was the climax of their viewing.
Prior to this, on July 1, the film was released simultaneously in South Africa, Tanzania and Mozambique in Africa. Compared with the relatively mature distribution channels and rich experience in other overseas regions, Africa is more like a "new continent" that needs to be reclaimed urgently for the overseas distribution of domestic films.
March into mainstream commercial cinemas in Africa
When the new film is released, it will be announced first.
In order to spread the film release information to the local potential audience in the shortest time, 1905 Film Industry and local partner BrandChina formed a joint distribution team to carry out effective online and offline linkage publicity.
On the online side, we cooperated with one of the largest cinema brands in South Africa to publish a graphic introduction of the film on all its new media accounts, and rolled out a trailer with the release date.
"We also’ infiltrated’ a small financial program that is frequently used by local people. Just like you log in to the software/applet of a domestic bank, you can easily understand the film information and purchase tickets while using the banking function. " This in-depth cooperation with local online brands makes Luo San very proud. She said, "We have similar publicity activities in the UK, but the cooperation is with offline merchants, who can get small gifts or enjoy shopping discounts with tickets."
Offline, the film’s physical posters and other materials are mainly placed in places where there are many Chinese activities, such as Chinatown and Chinese supermarkets. Combined with the consumption habits of local Chinese, the film screening cinema is located in several shopping centers with the most crowded and prosperous people in the most important cities in South Africa, and light box posters are arranged on the spot in advance.
Canal Walk Cinema, located in the center of Cape Town, South Africa, is one of them.
"Canal Walk is one of the largest shopping malls in Africa, and the Canal Walk Cinema is the largest cinema in Cape Town." Li Xiaoyong, general manager of BrandChina, said that in the past, Chinese films were mostly shown in art theaters. This time, "You are my Spring" can be shown in a mainstream commercial theater such as Canal Walk in the bustling city center, which is the first time.
Bravely break into "non-Hollywood"
Initially, most African countries began to learn from Nigeria’s "Nollywood" model, develop their own film industry, and expand channels through transnational cooperation and video websites. Nowadays, on the basis of the former, a "non-Hollywood" model of pan-African countries has evolved.
From 2010 to 2019, thanks to the demographic dividend and other factors, the potential and vitality of the African film market are gradually being seen by more people. Under this general trend, many foreign films have entered the African film market to look for opportunities, including domestic films such as Japan, South Korea, Japan and South Korea.
According to foreign media reports, in 2017, the number of screens in South Africa reached 782, and the number of screens per million people reached 13.79, ranking first among African countries. From 2010 to 2018, the total domestic box office in South Africa increased from 717.73 million rand (South African currency unit) to 1.3 billion rand, a rapid growth.
Therefore, the African premiere of You Are My Spring was set in South Africa, Tanzania and Mozambique, and other African countries are also arranging follow-up screenings one after another to truly enter Africa.
"Africa is a difficult issue for overseas distribution. With a vast territory and many dialects, the cinema market is also experiencing the impact of streaming media. This time, combining the film with the local situation, we decided to promote the film as an event worthy of attention for Chinese audiences. " Luo San admits that the distribution of domestic films in Africa is full of challenges. Need to adjust measures to local conditions, according to the local and then market conditions, targeted publicity.
Thanks to the upgrading of cinema equipment in South Africa, the feasibility of digital transmission was ensured, and the film was finally released simultaneously with China on July 1. Although it has experienced unspeakable difficulties and challenges, synchronization also means that the impact of domestic piracy and the interference of domestic word-of-mouth can be minimized. In this way, even in Africa, the local audience can see the film for the first time and make their own judgments.
African market expects more China films.
"From my own point of view, when I watched this movie, I felt that the emotional fragments in many movies can be empathetic to audiences in South Africa and around the world. This movie can touch you and me and touch the hearts of ordinary people. I understand that it tells a story about love and the difficulties that everyone in the world has experienced. "
Abdullah Regal, senior manager of cinema in Canal Walk Shopping Center, said that he had seen You Are My Spring. The local people have just experienced the epidemic in the film, so they can feel the same.
On July 7, local time, the film was also shown in the VIP hall of Emperor Palace Cinema in Johannesburg.
"The mainstream audience of the younger generation is still very interested in action movies and kung fu movies with oriental characteristics." Years of local experience have made Li Xiaoyong well aware of the local audience’s viewing preferences. Local cinemas have also expressed their expectation for more China films.
The overseas release of "You are My Spring" has opened up a broader space for further cooperation between China and South Africa in the field of film and cultural industry, and further promoted the common feelings of the Chinese and African people and deepened China-Africa friendship.
After participating in the overseas distribution of The Climbers, "You are My Spring" and other films, the overseas distribution of 1905 films involved about 50 important box office output countries in Asia, Africa, Europe and America.
As the most vital and energetic part of cultural output, domestic films going out to sea are easier to spread and express the essence and details of Chinese excellent culture, and bear the mission of carrying forward China’s 5,000-year civilization. This is also an important part of China’s progress from a big movie country to a powerful movie country.
In the future, we expect more excellent domestic films to sail out of the sea.
(Note: All the pictures except the poster are provided by the interviewee.)
Originality used to be beautiful, but now it has become a rustic aunt. The ＂killing pig knife＂ of the years is too cruel.
introduction
Beauty is a woman’s talent and a woman’s capital. In the entertainment circle, beauty is a kind of competitiveness, which can make actresses have more popularity and opportunities. However, beauty is also a burden, which requires actresses to pay a lot of efforts and costs to maintain and maintain. Some actresses can resist the erosion of time and maintain their youth and charm; Some actresses, for various reasons, have greatly reduced their appearance and image, and have become rustic aunts from once sinking fish and falling geese. Today, let’s take stock of these five actresses and see the stories and changes between them.
main body
1. Rulu
Rulu is a powerful actress. She has appeared in many excellent film and television works for many years. Her most impressive role is Hua Fei in the Empresses in the Palace. She performed vividly with Hua Fei’s unruly waywardness, arrogance and infatuation with the emperor, which amazed four people. And her original Mu Wanqing in "Eight Dragons" was as beautiful as a lotus in clear water. At that time, she was pure and sweet, with fair skin and thin skin. She was really a fairy!
However, with the growth of age and the pressure of work, Rulu gradually gained weight. She no longer pays attention to her figure and image as before, and no longer caters to the aesthetic standards of the audience. She said in an interview: "I don’t want to live for beauty." She said that she didn’t want to care too much about her appearance, but wanted to be a happy, confident and meaningful woman. She said that she was not afraid of being called fat because she felt very happy.
Although Rulu has her own ideas and attitudes, she has inevitably been vomited and ridiculed by many netizens. Some netizens said that she looks like an aunt now, some netizens said that she wasted her beauty, and some netizens said that she didn’t respect her career. Rulu once lost some performance opportunities because of his weight. She once sent a complaint message in Weibo, saying that a director didn’t want her because she was fat, which made her very sad.
I was deeply touched by the story of Rulu. I think she is a woman with great personality and charm. She has her own ideas and pursuits and doesn’t want to be bound by outside eyes. She is also a talented and powerful actress. She can play different roles and bring different feelings to the audience. I don’t think she needs to change herself for the sake of other people’s opinions, as long as she is happy. I also hope that she can stay healthy and happy and continue to conquer the audience with her acting skills and charm.
2. Cecilia Han
Cecilia Han is a talented woman, not only an actress, but also a singer, host, writer and poet. Since her debut, she has always been a clear stream in the entertainment circle. She does not speculate, kiss, reject all "inhuman and immoral" practices, and wholeheartedly do what actors should do. Cecilia Han is a talented woman in the entertainment circle, not only with outstanding temperament, but also with a book fragrance all over her body. At the beginning, her performance in "Flying Fairy" really surprised a generation, which painted an indelible color on most post-90 s childhoods. Dressed in white, delicate and perfect face, are all symbolic existence!
Unfortunately, the good times did not last long. Cecilia Han was injured in a car accident while filming legend of miyue in 2015. The car accident caused her blindness in her left eye, decreased vision in her right eye, facial nerve damage, cervical spine injury and many other injuries. This is undoubtedly a heavy blow to an actress who is famous for her face value and temperament. As a result, Cecilia Han fell into a trough and depression. She once sent an emotional message on Weibo, saying, "I’m really tired".
After more than two years of treatment and rehabilitation, Cecilia Han returned to the entertainment circle. However, when she appeared in public again, it surprised and disappointed many people. The original Cecilia Han, who was pure and beautiful, elegant and talented, has disappeared, and has been replaced by an aunt with swollen face, dull eyes, dim complexion and rustic image. Many netizens said that they couldn’t recognize this as Cecilia Han in those days. Some netizens say that she has become too ugly, some netizens say that she has become too old, and some netizens say that she has become too old. Cecilia Han has been questioned and ridiculed for this.
Han Xue’s story makes me feel very distressed. I think she is a very strong and brave woman. She can stand up again and face life and work again after experiencing so much pain and frustration. She is also a talented and tasteful woman. She can express her feelings and thoughts with her own songs and words, which brings different feelings and inspirations to people. I don’t think she needs to change herself for others’ evaluation, as long as she is healthy. I also hope that she can regain her confidence and happiness and continue to conquer the audience with her talent and beauty.
3. Hermione
Hermione is a Korean actress, who has shot many film and television works in China. Her most impressive role is the Three Virgin in Lotus Lantern, and she has won the love of many China audiences by virtue of her gentleness, kindness, thoughtfulness and beauty. At the beginning, many people didn’t know that Hermione, who played the role of the Three Notre Dame, was a Korean, because she spoke Chinese fluently and her temperament was in line with the aesthetics of China people.
However, after Hermione appeared in Lotus Lantern, it seems that he has never appeared in China’s film and television works. She returned to Korea and continued to develop her acting career. However, she has not made great achievements in Korea, but has been criticized for some negative news. It is said that she was once arrested by the police for taking drugs, and was once laughed at by netizens because of the failure of plastic surgery. Today’s Hermione is no longer the beautiful, pure, lovely and enviable Three Virgin, but an unrecognizable and regretful aunt.
Hermione’s story made me feel very sorry. I think she is an actress with great potential and talent. She can cross national boundaries and cultures, perform roles with different styles and characteristics, and bring different visual enjoyment to the audience. She is also a woman with charm and temperament. She can attract people’s attention with her beauty and aura, which is unforgettable. I don’t think it is necessary for her to change herself in order to meet the trend and market, nor to indulge in drugs in order to escape from reality and pressure. I also hope that she can regain her reason and courage, regain her direction and value, and continue to conquer the audience with her acting skills and charm.
4. Huo Siyan
Huo Siyan is an actress who has made her debut for many years and has participated in many classic film and television works. Her most impressive role is Xiaoqian in Tianshi Zhong Kui. She has won the love of many audiences with her pure beauty, agility and touching. At the beginning, Huo Siyan was pure and sweet, with a little baby fat on her face, which was very pleasing. Her smiles in the play have made countless men fall for it and go crazy.
However, Huo Siyan got married and had children after she starred in "Tianshi Zhong Kui", and now her family is happy, not only with a spoiled husband Du Jiang, but also with a clever and sensible son Xiao Sponge. Protected by two men, she now lives like a queen. However, she also gave up her acting career and rarely appeared on the screen. Today’s Huo Siyan is no longer the pure and lovely, beautiful and enviable Xiaoqian, but an ordinary, rustic and disappointing aunt.
Huo Siyan’s story makes me feel very complicated. I think she is a very lucky and happy woman. She can have a perfect family, a loving husband and a lovely son. She is also a very virtuous and considerate woman. She can sacrifice her career for her family and her dream for her husband. I don’t think she needs to change herself for the sake of others’ expectations, as long as she is satisfied. I also hope that she can enjoy her life and continue to conquer her family with her love and warmth.
5. Xu Lu
Xu Lu is a once-popular actress. Since her debut, she has participated in many popular film and television works. Her most impressive role is Ke Yun in Princess Pearl. With her "grandiose" acting style, she can be described as the shadow of a generation’s childhood. Looking back at her original performance now, it must have made your scalp numb, but she laughed. In fact, Xu Lu’s costume modeling is also very excellent, with her hands on the pipa and her mouth smiling, showing her ladylike temperament. Are you amazed by the tenderness of "crazy"?
However, after Xu Lu starred in Princess Pearl, there are few works that people can remember. She was also criticized for her private life. It is said that she was once spurned for having an affair with married actor Chen Kun, and once despised for associating with wealthy businessmen. Today’s Xu Lu is no longer that beautiful, beautiful and enviable, but a decadent, old-fashioned and regrettable aunt.
Xu Lu’s story made me feel helpless. I think she is an actress with great talent and potential. She can play different roles and bring different jokes and touches to the audience. She is also a woman with great charm and personality. She can attract people’s attention with her beauty and style, which is unforgettable. I don’t think it is necessary for her to change herself for other people’s opinions, nor to give up her principles for money and fame. I also hope that she can regain her faith and passion, regain her direction and value, and continue to conquer the audience with her acting skills and charm.
tag
The above is an article I wrote for you, about five actresses who used to be so beautiful that they are now rustic aunts. I hope you like it and get some enlightenment and insight from it. Beauty is not eternal, and years will not stay. Every woman should cherish her beauty and youth, and at the same time cultivate her connotation and character. Only in this way can we be confident, elegant and charming at any time. Thank you for reading.
Editor in charge:
Ruan Jingtian was exploded to ＂go crazy and beat up the agent＂ Ruan Jingtian Xu Weining broke up. What is the reason for the reunion？
Artist Ruan Jingtian and Xu Weiyi’s 8-year relationship collapsed in March 2015. Not long ago, there were signs of a resurgence, but both parties did not respond in a low-key manner. It is reported that after Xu Weiyi moved out of the love nest, he felt depressed and empty, and he wanted to save his girlfriend. His friend and agent, Ah Jun, advised him to work hard before recovering his girlfriend, but a conflict broke out between the two. He yelled and punched Ah Jun, causing the brothers to break up their friendship for many years.
Ruan Jingtian and Xu Weining broke up
Let’s start with the current hottest "Ruan Jingtian steals mainland H actress". It was revealed that the actress had been a wife and a mother, but it was later found that the actress had been divorced, but it was announced two years later to take into account the image agreement. This triggered a big conjecture about "who is the H actress".
There are rumors that H refers to the surname, so Huang Yi, Huo Siyan, etc. lay down their guns one after another.
Later, it was rumored that it was Bai Baihe, because the two had cooperated. In response to this accusation, Pan Pan, Bai Baihe’s agent, replied: "Regarding some so-called rumors on the Internet, if they are serious, they are slander. We will take certain legal measures to solve them."
Of course, Xiaotian’s response to this was, "If you want to add a crime, you can have no words". What a righteous and awe-inspiring look!
According to reports, after Ruan Jingtian broke up with Xu Weiqian, his emotions fell into anxiety, and he just wanted to save the relationship. His work was not good, and his long-time buddy and agent, Ah Jun, couldn’t stand it. He advised him to do a good job in acting first, otherwise how could he make the girl change her mind? Unexpectedly, this sentence angered his sensitive nerves and shouted angrily: "What do you know?" Grabbing the other party’s collar with one hand and punching with the other.
For the woman to beat up his brother, Ruan Jingtian’s temper was still hot, and Ah Jun also decided to leave. In this regard, Ah Jun denied being beaten, but avoided saying: "I will only leave if I want to work behind the scenes of movies." In fact, the two had known each other since high school, and their income was unstable when they first debuted, and the other party would also send bento. He also said that Ah Jun was the first person who made him experience friendship. After he became popular, he insisted on handing over the brokerage contract to the other party, even though many companies were rejected.