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Many members of society make the mistake of giving money to others, whether relatives, friends, or even colleagues, without obtaining a document proving the eligibility of the first party in this money, and clarifying the purpose of giving this money, whether as an aid, loan, or gift.
And Federal Law No. 5 of 1985 regarding civil transactions indicated the necessity for the donor to document financial transactions with notarized agreements so that legal authorities can prove rights and hear cases in courts.
Commenting on this, the lawyer and legal advisor, Muhammad Al-Najjar, stated that a gift is the possession of money or a financial right to another in the event of the life of the owner without compensation for that, and the donor may, with the survival of the idea of donation, stipulate that the gifted perform a certain commitment, and this commitment is considered a compensation.
He explained that some members of society give money to others for the purpose of assistance or gifts, and when any problem occurs between the two parties, the first party demands the second party to return these funds and gifts to him through judicial claims, and here comes the role of the Civil Transactions Law, which considers that these gifts and funds are just a gift that the party does not deserve. I get it again.
He added that giving any money as a loan for a specific term must be based on reliable and recognized written evidence, such as a written acknowledgment of obtaining this money as a loan with the testimony of witnesses and other loan documents, and the court does not consider otherwise.
Al-Najjar pointed out that Federal Law No. 5 of 1985 regarding civil transactions affirmed that a person who gives money or something of any kind, in cash or in kind, to another as a gift under a legal agreement contract, has the right to recover this gift that he gave to the other in the form of money. Or movables, with one condition, which is if it is stipulated in the gift agreement that the other party performs a work or service and the person to whom the money was gifted does not perform it as requested by the donor, and otherwise it is not permissible for him to recover these funds.
Lawyer Muhammad al-Najjar stressed that any gifts that a person gives to another without a legal agreement or a document of proof indicating that the donor party deserves to receive them again, are not considered at all before the litigation authorities and fall within the framework of a non-refundable gift, pointing out that the principle in Sharia is that the gift It cannot be reverted unless the donor is one of the parents and the gifted is one of the children.
He pointed out that proving that a person obtained a loan or something that deserves to be returned after a specific period does not depend on a contract, agreement or written declaration only, but there are many tools of proof that the courts rely on, such as electronic messages or witness testimony that is attached with bank statements that prove the transfer. For example, if a man gives his wife money as a loan, he has the right to recover it from her on the specified date, provided that he has proof that he gave her this money by way of a loan. The bank transfer and the testimony of witnesses from the family whose testimony may be accepted, and if this evidence is not available, the court will consider it a kind of gift.
