revue critique de droit et sciences politiques

Revocation Of A Gift Between Permissibility And Prohibition: An Analytical Study In Light Of Legislation And Case Law

Auteurs : Belmokhtare Souad .

Résumé

The Algerian legislator, influenced by Islamic Sharia, recognizes the possibility of revoking a gift under conditions reflecting humanitarian and social considerations arising after the contract, justifying reconsideration of its effects. However, this right is not absolute; it is framed by strict conditions and impediments designed to protect the donee and ensure legal certainty and stability of transactions. This study examines gift revocation as an exception to the principle of stability of gratuitous acts, analyzing its legal conditions and impediments under Algerian civil law. It highlights the judiciary’s role in balancing the donor’s interest with protection against abuse. The study concludes that the legal framework contains ambiguities and shortcomings requiring legislative intervention to enhance clarity and legal certainty while preserving transactional stability.

Mots clés

donation, revocation, gift, impediments, protection of the donee