Gift on joint property in Islamic Religious jurisprudence & Iranian law

Type : Research Article

Authors

1 Assistant Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, Tehran, Iran.

2 M.A. Student in Private Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

Abstract

Joint property is a property that two or more persons jointly own in each component. The partner’s material possessions, even to the extent of his portion, are subject to the permission of others, and without it create civil liability. But all partner immaterial possessions are valid in relation to his portion and do not require the permission of others. There is, however, some debate over the contract of gift, because it is necessary for its formation, besides the agreement (as immaterial possession), the delivery (as material possession). There are two general views on this topic in jurisprudence and Iranian law. The first view distinguishes between “divisible and indivisible” and also “movable and immovable” property, and on the basis of this distinction, rules on the validity of a gift on joint property. Against this view, there is another belief that holds the gift on joint property to be valid without making any distinction between the joint properties. There are, of course, differences on the quality of joint property delivery. Some insist on the necessary permission of partners, some believe that delivery is fulfilled by evicting the partner, and finally, some, outlining the concept of immaterial delivery, consider the possibility of donee dominance over the donated property sufficient. In Iranian law, there is no specific provision in civil law; however, it seems, citing the sufficiency of immaterial domination for the realization of delivery and not needing material delivery, that the validity of a gift on joint property is acceptable.

Keywords

‌ Files

‌ Timeline

  • Received: 31 October 2019
  • Revise: 31 January 2020
  • Accepted: 25 February 2020

‌ Share

‌ How to Cite

‌ Article Metrics