What Is a Modified Endowment Contract?

A public works donation contract is a contract in which citizens or other social groups provide donations to an administrative subject for the construction of public works. Basic features: (1) Donations are free. The beneficiary administrative entities are not required to provide corresponding payments as consideration. The object of donation can be any form of property, labor, etc. (2) The purpose of donation is to carry out public works. (3) The object of donation is the administrative subject. (4) Donations are voluntary. Payment according to law is not a donation. Public works donation contracts consist of two unilateral continuous acts of providing donations and accepting donations. The parties cannot negotiate the contents of the contract. Once the donation is accepted, the donor can no longer withdraw it, it cannot be changed without the consent of the administrative body, and the administrative body has the right to terminate the contract, but it must give up the benefits of the donation and return the received donation. ^[1]

Public works donation contract

Right!

A public works donation contract is a contract in which citizens or other social groups provide donations to an administrative subject for the construction of public works. Basic features: (1) Donations are free. The beneficiary administrative entities are not required to provide corresponding payments as consideration. The object of donation can be any form of property, labor, etc. (2) The purpose of donation is to carry out public works. (3) The object of donation is the administrative subject. (4) Donations are voluntary. Payment according to law is not a donation. Public works donation contracts consist of two unilateral continuous acts of providing donations and accepting donations. The parties cannot negotiate the contents of the contract. Once the donation is accepted, the donor can no longer withdraw it, it cannot be changed without the consent of the administrative body, and the administrative body has the right to terminate the contract, but it must give up the benefits of the donation and return the received donation. ^[1]

Public works donation contracts have the following characteristics: ^[2]

A public works donation contract is a combination of two unilateral continuous acts, one of which is to provide donations, and the other of which is to accept donations. The parties do not negotiate the content of the contract. France calls this type of contract a unilateral contract. . ^[3]

1. Donor obligations ^[3]

Once the donation is accepted, the donor can no longer be withdrawn, and it cannot be changed without the consent of the beneficiary administrative subject. When the cost of the project exceeds the amount of the donation, the donor has no obligation to pay a higher donation. The obligation to donate is in the nature of creditor's rights, borne by the donor and his heirs, and has nothing to do with the person who obtained the donated property. This debt can be discharged in case of force majeure.

2. Obligations of beneficiary administrative entities

The public works donation contract is an administrative contract and it is also a unilateral contract. The administrative entity has the right to terminate the contract. The donor has no right to ask the administrative entity to construct the donated engineering project and no right to claim damages. When the administrative entity terminates the contract, it must abandon the benefits of donations and return the donations it has received. The only limitation for the administrative body to terminate the contract is the donation contract for repairing the church mentioned above, which cannot be cancelled.

The various conditions of the donation, such as the time and method of the project, must be observed by the administrative subject. If a condition is the decisive cause of a donation, non-compliance may make the donation ineffective.

Litigation for donation contracts is under the jurisdiction of the administrative court.