The Right of Revocation of a Gift (A Comparative Study)

Abstract

Abstract: A gift contract is a specific type of contract that is governed by certain rules, but this contract deviates from these rules in some matters that the legislator considers the legislator deems necessary to be adhered to in contracts, as they are governed by the rule of the contract being the law of the contracting parties,whereby the contract may not be revoked by the unilateral will of one party. However, this contract deviates from this rule,which is the permissibility of revoking the contract in certain cases specified by the law and regulated in detail in order to protect the stability of transactions and allow for withdrawal from a gift whenever there is an acceptable reason for withdrawal, which generates legal consequences in the nature of the withdrawal itself and its legal classification, as well as consequences for the contracting parties or third parties, as deemed appropriate by the law of the state. Based on this, the following topics were researched: The first section dealt with the definition of the right of revocation in the gift, both linguistically and terminologically, and then addressed the reasons for revocation of the gift, which may be related to the donor or to the donee. The second section dealt with the types of revocation of a gift, which may be consensual and by agreement of both parties, and what the legal classification of this case is, or it may be judicial. I also touched on the issue of its legal classification and then examined the issue of the effects of the right of revocation of a gift, as this revocation may have effects for the contracting parties themselves or may have effects for third parties according to the law of each country. © 2023 TUJR, College of Law, Tikrit University