Analysis of the principles of irrevocability and revocability of gift contract in Imami Jurisprudence and Iranian law
Subject Areas : فصلنامه مطالعات میان رشته ای فقه
Mahdi
Beiki shouroki
1
(Ph.D. Student in (Private Law). maybod branch. Islamic Azad University. Maybod. Iran.)
Amirmohammad
Sediqian
2
(Department of Law. maybod branch. Islamic Azad University. Maybod. Iran.
(Corresponding Author))
Seyyed Jafar
Hashemi Bajgani
3
(Department of Law. maybod branch. Islamic Azad University. Maybod. Iran)
Keywords: Rescission, Gift, irrevocability, revocability, revocation,
Abstract :
There is a difference of opinion regarding the irrevocability or revocability of gift in Imami jurisprudence and Iranian law. There is also no provision in the relevant laws. Given that the irrevocability or revocability of a contract, including a gift contract, has very important effects; it is necessary to conduct research in this field. In this research, descriptive-analytical method and sources of valid jurisprudence and law have been used to address this important issue. In order to analyze the principles of the irrevocability and revocability of the gift, the basic evidence should be provided. In this regard, there are many differences between rescission and revocation and other evidence, such as the verse of Quran “fulfill your obligations”, the principle of the irrevocability of contracts, the impossibility of revocation in the gift contract, in the capacity of the legislator, not unplanned changing of the contract from revocable to irrevocable, as well as the inapplicability of the principle of revocation to the irrevocability or revocability of the gift is examined. The result was that the gift contract should be separated from two aspects, one in terms of revocation and another in terms of irrevocability and revocability. Based on this, the gift contract is a revocable contract, in which the principle of revocation is valid.
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