الرجوع في الهبة بين النص و الاجتهاد في التشريع الجزائري

Abstract EN

The gift is the donation and kindnessto others without remuneration, and the giving for the purpose of charity, it is: "ownership without compensation" as difined by the legislator, The donor is a condition of sound mind and reaching thz age of maturity, and that he should not be interdicted.

It is a contract of donation made beteen the donor and the gifted, according to which he assigns all or pat of his property or money, It is a necessary contract in which it is not permissible to return with the sole will of the donor, except for the parents in what they gave to their child unless there is no objection to the return, this is what the Algerian legislatore stipulated in Article 211 of the family law, as was supported by jurisprudance.