Joint property, is a property that two or more person jointly own each component. The partner material possessions, even to the extent of his portion, are subject to permission of others and without it create civil liability. But, all partner immaterial possessions are valid in relation to his portion and does 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 “immovable and immovable” property and on the basis of this distinction, rules on the validity of gift on the joint property. Against this view, there is another belief that it holds that the gift on the 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 Necessary permission of partners, some believe that the delivery is fulfilled by eviction the partner, and finally, some with outline the concept of the 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 the material delivery, validity of gift on the joint property to be acceptable.
Mirshekari, A. and Hesami, M. (2020). Gift on joint property in Islamic Religious jurisprudence & Iranian law. The Journal of Islamic Law Research, 21(1), 177-200. doi: 10.30497/law.2020.2767
MLA
Mirshekari, A. , and Hesami, M. . "Gift on joint property in Islamic Religious jurisprudence & Iranian law", The Journal of Islamic Law Research, 21, 1, 2020, 177-200. doi: 10.30497/law.2020.2767
HARVARD
Mirshekari, A., Hesami, M. (2020). 'Gift on joint property in Islamic Religious jurisprudence & Iranian law', The Journal of Islamic Law Research, 21(1), pp. 177-200. doi: 10.30497/law.2020.2767
CHICAGO
A. Mirshekari and M. Hesami, "Gift on joint property in Islamic Religious jurisprudence & Iranian law," The Journal of Islamic Law Research, 21 1 (2020): 177-200, doi: 10.30497/law.2020.2767
VANCOUVER
Mirshekari, A., Hesami, M. Gift on joint property in Islamic Religious jurisprudence & Iranian law. The Journal of Islamic Law Research, 2020; 21(1): 177-200. doi: 10.30497/law.2020.2767
)
