مدى تأثير أهلية المريض مرض الموت على عقود التبرعات : دراسة مقارنة بين الشريعة الإسلامية و القانون الجزائري

Abstract EN

This study is aiming to investigate one of the problems posed by the terminal illness in the Islamic jurisprudence and legislative field, by comparing the legitimate and legal texts.

The terminal illness patient's may have access to his money, because of his poor mental state and mortis causa, either out of the desire to preference some heirs or to deprive them of his inheritance after his death, contrary to the provisions of inheritance, or unlawfully harming his creditors.

The Algerian legislator sees the terminal illness patient's behavior with reservations and subject it to special controls, desiring to prevent the injustice of the patient himself and other.

Therefore, the legislator made it restricted does not produce its effects only with the consent of the right level, an heir or a creditor.

Thus, the research came to reach the meaning of the terminal illness and providing an explanation on it and its relationship to the patient's eligibility.

As well as, the impact of this eligibility on the contracts of donations of the person when he is terminally ill through Algerian law, by comparing the provisions of the terminal illness patient's contributions under the Algerian law with the Islamic one.