Consultation

■ Is the gift of debt valid for the debtor? And when is it permissible for the donor to recover the gifted money? Is it permissible to gift a minor?

The general principle is that a gift is the ownership of money or a financial right to another in the event of the life of the owner without compensation, as for the gift of debt to the debtor, it is valid and considered a discharge of the debtor from the debt that he owes, as well as the gift to a non-debtor and is executed if the debtor pays the debt to the gifted to him, and also the donor, while the idea of donating in the gift remains, may require the gifted person to abide by a certain obligation and this obligation is considered instead of the gift.

According to Article 61/1 of the Civil Transactions Law, according to the latest amendments by Federal Decree-Law No. 30 of 2020, the donor may recover the gifted money if the contract stipulates this, or in the event that the gifted person does not perform certain obligations for the benefit of the donor or whoever is interested in him.

If the gifted property has perished or the gifted person has disposed of it, the donor shall be entitled to its value at the time of disposal or destruction.

As for the gift of the debtor whose money is surrounded by the debt, it shall be valid and dependent on the creditor's leave, and the gift of the minor and the fool without compensation shall be null and void.

It is not permissible for the guardian of the interdicted person to give anything from the property of the interdicted person unless he is his father and the gift is an allowance, and it is not permissible to promise the gift, nor the gift of future money, and finally the provisions of the will apply to the gift in the event of death.