المفهوم القانوني لشرط المنع من الحجز : دراسة مقارنة

Abstract EN

The prohibition clause prohibits the seizure of the gifted or recommended funds from the voluntary restrictions associated with contributions that entail the transfer of ownership of the donated funds.

This limitation is applied to the general security right of creditors, which prevents some creditors from holding the donated money.

The prohibition clause is characterized by the fact that it is a voluntary condition.

It is a consecration of the principle of willpower in the scope of acts without compensation.

The prohibition clause is also characterized by proportionality in terms of creditors where it does not apply to all creditors but applies only to former creditors and also to subsequent creditors who know The time to donate this condition is considered an exception to the general rule of guarantee.

It is a condition to make the condition to the booking legal is coupled with the requirement of donations, and should not be debt to be booking for which the debt of a planned expense and had arisen before the donation.

The provisions of the ban on detention are expressly stated in the Egyptian Civil Procedure Law, the Lebanese Civil Procedure Law and the French Civil Procedure Code.

The Iraqi law did not expressly provide for the prohibition of detention, but it was left to the general rules and to the judgment of the judiciary.

The majority of jurists have agreed to the condition of prohibition from seizure.