السلطة التقديرية للقاضي في دعوى الجحود بالهبة : دراسة مقارنة

Abstract EN

The ingratitude of the donation is one of the reasons for the returned in the donation, which is established in French civil law, and who followed his approach from Arab civil laws, including Egyptian civil law and Iraqi civil law, If the gifted person issued evidence of ingratitude, from saying, or doing, the right of the donor arose, and he may request a return in case of a high prohibition from returning, But civil laws - Iraqi and Egyptian - stipulated its availability and enumerated applications for it to name a few, As for the French civil law, the situation is different, as there are no barriers to it, because the contract is essential in principle, and the return is an exceptional response to it, Therefore, we find that he only addressed the reasons for the return, including Ingratitude, in which cases of ingratitude have been precisely defined, but not limited to the fact that, contrary to what is prescribed in Iraqi and Egyptian civil law, and it is legally accepted that there is no lesson in truth, if not a claim protecting it, When a person has the unified right, he has no choice but to resort to the authority of the judiciary, and his case is assessed according to the principles prescribed by law, and At the same time, the law decided for the judiciary discretionary powers in the case of ingratitude for gifts, in several Trends, including those related to the determination of ingratitude itself, including the authority of the judiciary to determine the concept of relatives whose abuse is considered to be ingratitude, and what is related to the judge’s discretionary power to present the reason against the barrier, contrary to the law’s provision to provide the barrier to the reason.