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.
Soltani, S. M., & ahmadifar, R. (2025). Donation, contract or unilateral, revocable or irrevocable, A new theory on the nature of gifts. Private Law Doctrines of Islamic Countries, 2(2), 91-109. doi: 10.22091/dplic.2026.14819.1070
MLA
Seyed Mohsen Soltani; rasoul ahmadifar. "Donation, contract or unilateral, revocable or irrevocable, A new theory on the nature of gifts". Private Law Doctrines of Islamic Countries, 2, 2, 2025, 91-109. doi: 10.22091/dplic.2026.14819.1070
HARVARD
Soltani, S. M., ahmadifar, R. (2025). 'Donation, contract or unilateral, revocable or irrevocable, A new theory on the nature of gifts', Private Law Doctrines of Islamic Countries, 2(2), pp. 91-109. doi: 10.22091/dplic.2026.14819.1070
VANCOUVER
Soltani, S. M., ahmadifar, R. Donation, contract or unilateral, revocable or irrevocable, A new theory on the nature of gifts. Private Law Doctrines of Islamic Countries, 2025; 2(2): 91-109. doi: 10.22091/dplic.2026.14819.1070