The Gift in the English Law/ An Analytical Comparative Study with the Iraqi Civil Law
DOI:
https://doi.org/10.35246/kqj6w311Keywords:
Gift, Gift inter vivos, Gift causa mortis, non-contractual transaction, considerationAbstract
The Gift is considered as a legal voluntary non-contractual transaction or disposition to transfer the granted property from the donor to donee gratuitously or without consideration. It is also worth-bearing in mind that the want of the requirement of consideration is the reason that the gift is not classified within the scope of the contract. And it is normally classified into two types: The inter vivos gift and gift causa mortis. It should also be noted that the donatio (or gift) inter vivos is applied to both the personal property or chattels and real property equally. As opposed to the gift causa mortis, which is applied to the personal property or chattels rather than the real property. Whereas both the Iraqi Civil Law No. (40) of 1951, regulated the gift and considered it as a nominate contract, concluded with or without gratuity. And generate a lot of obligations.
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References
First: Sources in Arabic.
a. Islamic jurisprudence books
i. Mr. Sistani. Ali Al-Husseini, 1434 AH - 2013 AD. Minhaj Al-Salehin. Transactions. section One. Fatwas of His Eminence Grand Ayatollah Sayyed Ali Al-Husseini Al-Sistani (may his soul be exalted). The second part. House of the Arab Historian. Beirut, Lebanon.
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i. Iraqi Civil Law No. (40) of 1951.
ii. Iraqi Real Estate Registration Law No. (43) of 1971
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First: Books.
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Second: Laws
i. The Law of Property (Miscellaneous Provisions) Act 1989 .
ii. The law of property Act 1925.
iii. The Companies Act 2006.
Third: legal studies& pieces of research
- Dan E. Stigall. 2006. Iraqi Civil Law: Its Sources, Substance, and Sundering. Journal of Transnational Law & Policy. Volume 16. Number 1.
Fourth: Internet websites
i. https://en.wikipedia.org/wiki/Strong_v_Bird
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