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The returning of gifts between relatives in Iranian Civil Law; a comparative study in Egyptian Law



Abstract

In Iranian Civil Act, it is revocable or returnable gift as a rule even after the delivery (803 articles) that only in the particular cases is it recognized unreturnable as the gift between father, mother, and children without grandparents, grandchildren and other relatives have mentioned. Although the role of spouses in family-based strength is not less than the relationship between parents and children and On the other hand, the Prevailing view of Imamiyyeh jurisprudence know donation between spouses unrevocable or unreturnable; In contrast, Iranian civil law, donation between spouses can be similar to other people unrevocable or unreturnable. On the other hand, in cases where the donation between relatives such as parents and children is located that in Iranian civil law, it is revocable or returnable. May be the Donee to create important ingratitude or committee offence or crime concerning to the Donor. or Donor suffering from strong poverty that the usage, equity ,and justices to consider right-full to the donor that he revokes or returns from his gift entirely or partially. This research plans this problem and makes clear that with a comparative study of Egyptian Law and presents solutions for that.




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