| چکیده انگلیسی مقاله |
Joint property, is a property that two or more person jointly own eachcomponent. The partner material possessions, even to the extent of hisportion, are subject to permission of others and without it create civilliability. But, all partner immaterial possessions are valid in relation to hisportion and does not require the permission of others. There is, however,some debate over the contract of gift; because it is necessary for itsformation, besides the agreement (as immaterial possession), the delivery (asmaterial possession).There are two general views on this topic in jurisprudence and Iranianlaw. The first view distinguishes between “divisible and indivisible” and also“immovable and immovable” property and on the basis of this distinction,rules on the validity of gift on the joint property. Against this view, there isanother belief that it holds that the gift on the joint property to be valid,without making any distinction between the joint properties. There are, ofcourse, differences on the quality of joint property delivery. Some insist onNecessary permission of partners, some believe that the delivery is fulfilledby eviction the partner, and finally, some with outline the concept of theimmaterial delivery, consider the possibility of donee dominance over thedonated property sufficient. In Iranian law there is no specific provision incivil law, however, it seems, citing the sufficiency of immaterial dominationfor the realization of delivery and not needing the material delivery, validityof gift on the joint property to be acceptable. |