تأثير الحيازة على حق الواهب في الرجوع عن الهبة

Abstract EN

The purpose of the study is to clarify the relationship between tenure in the gift contract and the right of recourse, for approach between the research axes depended on the editing of the relevant terms, and then adapting the possession according to the approach of Islamic jurists; justifying the impact of the Arab legislation and Algerian law on doctrinal doctrines, as a matter of fact, the issue of giving back is a matter of jurisprudence I tried to demonstrate by examining the effect of tenure on the right of recourse in the gift contract, to conclude that the issue of return of the gift, although related to the issue of possession; however, the Algerian legislator, like the arab legislations, devised its rulings from the doctrines of jurisprudence without regard to modern variables