Revocation Of The Donation In The Common Money And The Effects Resulting From It In Iraqi Law، Iranian Law And Algerian Law

Document Type : Original Article

Author

Assistant Professor, Faculty Of Law, Al-Mustafa University, Qom, Iran.

10.22091/lsic.2025.10463.1032

Abstract

Gift is a charitable act that has witnessed a development that kept pace with most laws، which are originally based on most of the provisions derived from Islamic law regarding gifts. Gift is known as a donation contract and is one of the legal and legitimate acts permitted by divine laws and positive laws. Its provisions are regulated by legal rules to be in accordance with the controls that enable it to achieve the objectives for which it was concluded. As for common property، it refers to a legal status resulting from multiple owners of a real right and is not limited to ownership only but can also include other real rights. It is also known as what is not divided or isolated. Common property is a common occurrence resulting from inheritance. Disposition is a purely voluntary act that aims to create a legal matter in which the will is directed to create a specific legal effect، which may be the creation، transfer، modification or elimination of a right based on the person's will within the limits of respecting public order and public morals. Based on the above، the question that arises is: How is a gift returned in joint ownership? What are the legal implications of this referral? The conclusion explains how to revoke a gift، particularly in the case of a gift of shared property. Then، the effects of revocation are discussed، along with the effect of revoking a gift. It is possible to revoke a gift without compensation، but it is not possible to revoke a gift with compensation.

Keywords

References

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    Laws

    1. Algerian Family Law
    2. Iranian Civil Law
    3. Current Iraqi Civil Law

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History

  • Receive Date: 27 February 2024
  • Revise Date: 20 September 2024
  • Accept Date: 05 February 2025
  • First Publish Date: 02 June 2025
  • Publish Date: 15 June 2025

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