Sunday، 13 July 2025

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"Principle of Donation or Non-donation in Case of Dispute Regarding Property or Paid Sum"

According to Article 265 of the Civil Code, non-donation is postulated, and a person who gives money to another person without being a debtor, can return it. However, in the court procedure, the judges may have different perceptions of it, so that approximately a third of the courts will issue a decision on sentencing the receiver to restitution based on the claim of the plaintiff (i.e. the payer) saying they lent the receiver the property or money or that it is a trust and the receiver must prove that this money was received for a transaction or debt, etc.

Mohammad Askari


 

 

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