Formality in Donation Contracts between Conclusion and Enforcement: The Real Estate Gift Contract as a Model

Abstract

The study aimed to identify the formality of the convening and enforcement of the real estate gift contract. To achieve the objectives of the study, the researcher used the analytical approach in order to analyze the various legal texts and jurisprudential opinions framing the subject. In addition, he used the comparative approach, in order to make a comparison between the various laws on which the texts dispersing this topic. Therefore, the study reached to a set of results, most notably: The legislator’s intervention to regulate the provisions of legal possession is considered an achievement for the judicial and jurisprudential position in favor of legal possession, that replaces actual or material possession according to the registered premises, while the problem remains on the table regarding to the real estate and preserved property which is in the process of registering, especially when the property registrar refuses the demand. The study recommended a set of recommendations, most notably: Linking the real estate registration procedure directly to the contracting process, so that the two processes are a single episode that cannot be separated from each other, based on the manner in which modern notaries follow, as they are charged with documenting the disposal and ensuring that it is restricted to the real estate governorate, in addition to the exclusion of real estate in the process of registering from the rule that says: " The legal ownership replaces the physical possession", especially this problem becomes more exacerbated when the responsible of real estate refuses the demand for preserving the premises.