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穷困抗辩权是立法给予赠与人的一种优待,使赠与人在陷入穷困时有权基于情势变更原则拒绝履行合同。但是,我国合同法第195条对穷困抗辩权的规定并不完善,需要细化其规定以增强可操作性,在有条件地维护赠与人利益的同时也要弥补受赠人的损失,使合同当事人能得到相对公平的处理结果,使社会关系能够保持和谐稳定。
The poor right of defense is a kind of preferential treatment given to the grantor by legislation, so that the donor has the right to refuse to perform the contract based on the principle of change of circumstances when he is in a poor condition. However, Article 195 of the Contract Law of China stipulates that the right to defend the poor is not perfect, and its provisions need to be refined in order to enhance the operability. While maintaining the interests of the donors conditionally, it also needs to make up for the loss of the donee, The parties can obtain relatively fair treatment results so that social relations can maintain harmony and stability.