Lawful and Judicial Study of Article 265 of Civil Law

Hamid Abhary ¹ (Professor of Private Law, Mazandaran University, Babolsar, Iran)
sanaz rahimi ² (دانشگاه مازندران)

Submited date : 2014-12-27 accepted date : 2014-12-27

Keywords:

Abstract :

Article 265 of the civil code has been appointed: "whoever gives property to another, the principle is that he is not giving it free. In interpreting this provision, there is a difference of opinions among the lawyers. Some of them believe that this provision represents a credit for donor of the property and others believed in the lack of credit for donor of the property. In this regard, the proof of eligibility to receive is the responsible of the receiver of the property. In Imamiyah jurisprudence, there are some debates between the priority of word of the donor or receiver. In this study, an effort is done to mention the various legal and religious ideas and review them. We shall see that giving the property to another, is an evidence of being in debt.