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A lawsuit returning gifts

A lawsuit returning gifts

2020-12-27/Common Legal Questions

A lawsuit returning gifts
The legal basis for the case: Article (500) of the Civil Code stipulates that: The donor may return the gift if the gifted one accepts it.
If the gifted person does not accept him, the donor may request the judiciary to authorize him to return as long as this is based on an acceptable excuse and there is no objection to returning.
Documents: Any document that is proof of his purchase of gifts such as bills.
The plaintiff may, by all the legally approved methods, prove what he claims, by referring the case to investigation and bringing witnesses who attended the contract council.
The Competent Court: The Family Court in whose circuit the plaintiff resides, and we clarify that the locally competent family court to consider the first lawsuit filed to it by one of the spouses has the jurisdiction locally without others to consider all cases that are subsequently filed.
What is meant by the engagement: it is a mutual promise of marriage in the future, and the fact that the engagement is just a date between the two parties to the marriage has many implications.
The Court of Cassation ruled that: Although the engagement is a prelude to marriage, it is a matter of personal status, but the gifts that one of the suitor gives to the other - including the network - during the engagement period are not considered among these issues because it is not a pillar of marriage nor a condition of its validity. Marriage is valid without it and does not depend on it, and then the conflict is the matter of those gifts far from prejudice to the marriage contract and what is related to it and outside of the scope of personal status, and these gifts are considered as gifts and the gift is subject to provisions of the civil law.
(Cassation No. 824 for the year 56 BC Session 02/22/1990)


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