چکیده:
Article 265 of the civil code has been appointed: "whoever gives property to another، the principle is that he is not giving it free. In interpreting this provision، there is a difference of opinions among the lawyers. Some of them believe that this provision represents a credit for donor of the property and others believed in the lack of credit for donor of the property. In this regard، the proof of eligibility to receive is the responsible of the receiver of the property. In Imamiyah jurisprudence، there are some debates between the priority of word of the donor or receiver. In this study، an effort is done to mention the various legal and religious ideas and review them. We shall see that giving the property to another، is an evidence of being in debt.
خلاصه ماشینی:
In this research, while examining the subject in Iranian positive law and Imami jurisprudence, we will see that based on the provisions of the Civil Code, the burden of proving the lack of indebtedness lies with the giver of the property, whereas in Imami jurisprudence, the word of the giver takes precedence over the word of the recipient.
3- The non-appearance of the ruling of Article 265 of the Civil Code regarding indebtedness The view of some legal scholars in interpreting this article is that for the reclamation of property, it is sufficient for the claimant to prove their previous ownership of the property in the possession of another, because: First: The wording of Article 265 is not used beyond this to imply that the appearance of delivering property is that it was not gratuitous, but this does not indicate that giving property is apparently an indication of the intention and intent to fulfill a debt, or a presumption of the giver's indebtedness to the recipient.
" However, the fact that for the recovery of what has been paid, the giver of the property must prove their lack of indebtedness, or the recipient must prove their claim to justify their refusal to return the said property, is a meaning that remains unspoken in Article 1235 of the French Civil Code, and inevitably, to answer it, one must refer to legal rules and principles (Shahidi, 1385, 66-68).
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