نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق دانشکده ادبیات و علوم انسانی دانشگاه ملایر ملایر همدان ایران
2 گروه حقوق دانشکده علوم انسانی دانشگاه ملایر همدان ملایر
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
A careful analysis of the nature of legal acts has a great impact on understanding their rulings. One of the most widely used legal acts is donation. The traditional theory regarding the nature of a gift is that a contractual gift is revocable contract. The reason why a gift is a contract is that the conclusion of a gift requires an offer and acceptance. The reason why a gift is revocable is that the donor can revoke the gift. The present study examines the nature of the gift using a descriptive and analytical method. The research findings indicate that a gift is not a contract, because a contract consists of two written wills, but a gift consists of the written will of the donor and the consent of the other party. Contrary to popular belief, a gift is not revocable because There is no right of termination in a Donation contract, only according to some Tradition, the donor has the right of Reject. The right of Rejection does not mean the right of termination. In addition, a contract is revocable if its effect is to create permission or create a right in favor of one party. The effect of a gift is ownership; therefore, the claim that a gift is revocable is not valid.
کلیدواژهها [English]
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