The Comparative Study of the Revocation of Donation in Iranian Law and the EU Draft Common Frame of Reference (DCFR)

In this study, attempts were made to have a comparative analysis of the two legal systems of Iran and the European Union on the subject of revocation of the donation. This has been done through familiarizing with the Draft Common Frame of Reference (DCFR) which is the European Civil Code and to study the effects thereof. Though suggesting an opinion on the Iranian and European legislature's approach and its cases, it has been concluded that, despite the similarity in the purpose, due to the acceptance of the principle of revocability, the Iranian legislators have made exceptions to the notion of irrevocability. While in the EU law, due to the adoption of irrevocability principle, the rights of the donor to revoke is limited to: ingratitude of the donee; impoverishment of the donor; and the residual right to revoke (material change of essential circumstances after the conclusion of the contract) albeit with some conditions. This comparative approach to the subject has been widespread both in theory and practice and, through enlightening the minds of Iranian legislator, it can fill the legal vacuum surrounding the issue or bring about a modification of the law.