The Donor Guarantees Exposure, Entitlement, and Hidden Defects in Inherited Money

Abstract

Concluding a valid gift contract in accordance with the original has effects on one side, which is the donor. However, if the donor sets a moral condition that obligates the donee, then the gift contract becomes binding on two sides, and thus corresponding obligations arise on both parties to the contract (the donor and the donee). The donor is obligated to transfer ownership of the common property included in the gift contract to the donee concerned with the contract, and he must also register the contract in Land registry if the gift relates to real estate. Moreover, the donor must deliver the money or asset included in the gift to the donee in the event of a transfer of ownership and the donor must be responsible for ensuring that the common property gifted is not exposed to losses and hidden defects. In some cases, the donor may hide a defect in the gifted property, and if this results in damage to the gifted person, he must compensate it. If the gift is in exchange for compensation, the donor is not obligated to guarantee except within the limits of what was paid as compensation unless something different is agreed upon. . Moreover, the donor of common money must keep the money donated to him free from hidden defects. He must make every effort to prevent others from accessing the gifted money after its ownership has been transferred. Among the results of the research is that there is no clear indication in the texts of the Iraqi and Egyptian Civil Law governing a rule regarding the gift of common money, as the rules are general for all funds, which makes the legal provisions unable to include all the hidden aspects of the gift of common money, which forces the judiciary to rely on jurisprudential and judicial interpretations to apply its rulings to The facts presented to him.