الحيازة في عقد الهبة في الفقه الاسلامي والقانون المدني الجزائري-دراسة مقارنة-

Abstract

Through studying possession in the Hibah (gift) contract in Islamic jurisprudence and Algerian civil law، this summary was drawn. The hibah is a Real contract that cannot be concluded except by possession،which is considered a pillar for its conclusion. The same applies if the place of the hibah is a real or personal estate، since hibah for the public is a donation contract that takes place with the offer of the donor and the acceptance of the donee and the ownership is not established except by qabd (actual possession). This is what the Algerian legislator adopted، making the hibah a contract to be concluded by offer (Ijab)، acceptance (qabul)، possession، and official status in real estate and special procedures in personal property، all of which are pillars whose backwardness arranges absolute nullity .