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The Gift Law for Israel

according to the Halakah

 

 

1. Nature of gift

2. Immediacy of gift

3. Presumption of agreement

4. Conditions and obligations

5. Undertaking to give a gift

6. Ways of transfer of ownership

7 – 8

 

 

1. Nature of gift

 

(A) A gift is a transfer of the ownership of property, otherwise than for consideration.

 

(B) The subject of the gift may be land property, movable property and any asset subject to purchase.

 

(C) A gift may consist of the bestower's renunciation of a right towards the recipient or in the bestower's remission of an obligation of the recipient towards him.

 

The civil Law > A) A gift is transferring a property without consideration

(B) The subject of a gift may be land property, movable property or rights.

(C) A gift may be by the bestower's renunciation of a right towards the recipient or in the bestower's remission of an obligation of the recipient towards him.

 

 

2. Immediacy of gift

 

A gift is completed by the bestower transferring the subject of gift to the recipient by an act of sale; and provided that the recipient does not reject the gift.

 

The civil Law > A gift is completed by the bestower transferring the subject of the gift to the recipient, while it is agreed between them that that subject is disposed of by way of gift.

 

 

3. Presumption of agreement

 

The recipient is presumed to have agreed to the gift, unless he notifies of its rejection when he accepts it or when he becomes aware of it.

 

The civil Law > The recipient is presumed to have agreed to the gift, unless he notifies the bestower of its rejection within a reasonable time after he became aware of it.

 

 

4. Conditions and obligations

 

A gift may be conditional and it may bind the recipient to do or refrain from doing an act in respect of the subject of gift; the bestower may require the recipient to fulfill the obligation and so may the person to whose benefit the obligation is in effect.

 

The civil Law > A gift may be conditional and it may bind the recipient to do or refrain from doing an act in respect of the subject of the gift; the bestower may require the recipient to fulfill the obligation and so may the person to whose benefit the obligation is in effect and - if it is a matter of public interest - so may the Attorney General or his representative.

 

 

5. Undertaking to give a gift

 

An undertaking to make a gift in the future requires property.

 

The civil Law > (A) An undertaking to make a gift in the future requires a written document.

(B) Unless he has waived the right to do so in writing, the bestower may retract the undertaking as long as the recipient has not altered his situation in reliance thereon.

(C) Besides as provided in subsection (B), the bestower may retract his undertaking if the retraction is warranted by disgraceful conduct on the part of the recipient toward the bestower or toward a member of the bestower's family, or by a considerable deterioration in the bestower's economic situation.

 

 

6. Ways of transfer of ownership

 

The ownership of the subject of a gift is transferred to the recipient by an act of purchase which is beneficial is such gift; and if the gift is in possession of the recipient – by a notice of the bestower to the recipient of the gift; if the subject of gift is in possession of another person – by the bestower's notice to the holder in the presence of the recipient.

 

The civil Law > The ownership of the subject of a gift is transferred to the recipient by the delivery of the gift into his hands, or by delivery into his hands of a document that entitles him to receive it, or - if the subject of the gift is in the possession of the recipient - by the bestower notifying him of the gift; everything except where another law contains special provisions on the matter in question.

 

 

7. 7 – 8

Repeal

 

The civil Law > The seventh book of the Mejelle is hereby repealed.

This law shall come into effect on 9 Tishrei 5729 (October 1, 1968); A gift or an undertaking to make a gift, made before this law came into effect, shall continue to be governed by the previous law.

 

 

 

Hebrew

Rental

Gift

Sale

Succession