‘Hiba’ Laws in Tunisia

A ‘Hiba’ is one of the fundamental legal contracts that regulate the transfer of ownership without compensation. In Tunisian law, the ‘Hiba’ is an important means of transferring property definitively and gratuitously. This article will cover the definition of a ‘Hiba’, its conditions, the legal procedures involved, the rights and obligations of the parties, the conditions of the ‘Hiba’ contract, how to challenge it, and the specific rules regarding ‘Hiba’ between relatives.

• I-What is a ‘Hiba?
• II-What are the Conditions for a ‘Hiba’ under Tunisian Law?
• III-What are the Legal Procedures for Gifting?
• IV-What are the Rights and Obligations of the Donor and Donee?
• V-What are the Conditions for a ‘Hiba’ Contract?
• VI-How Can a ‘Hiba’ be Challenged?
• VII-What are the Specific Rules Regarding ‘Hiba’ Between Relatives?
• VIII-Conclusion

I-What is ‘Hiba’?

A ‘Hiba’ is a contract whereby ownership of a specific item is transferred from one person (the donor) to another person (the donee) without compensation. The ‘Hiba’ requires the donor’s intention to donate and the donee’s acceptance of the gifted item.

II-What are the Conditions for a ‘Hiba’ under Tunisian Law?

• Legal Capacity: Both the donor and the donee must have the legal capacity to enter into contracts.
• Intention to Donate: The donor’s intention to donate must be clear and explicit.
• Official Documentation: The ‘Hiba’ contract must be officially documented before a notary public.
• Specification of the Gifted Item: The gifted item must be clearly specified and identifiable.
• Non-Prejudice to Heirs: The rights of the rightful heirs must be considered, especially in the case of significant ‘gifts’Hiba’.
• Acceptance: The donee must explicitly and clearly accept the ‘Hiba’.

III-What are the Legal Procedures for Gifting?

• Official Documentation: The ‘Hiba’ must be documented before a notary public to ensure the validity of the contract.
• Property Registration: The ‘Hiba’ must be registered in the property register if it involves real estate.
• Delivery of the Gifted Item: The gifted item must be delivered to the donee to complete the contract.
• Informing Co-Owners: In the case of joint ownership, the other co-owners must be informed of the intention to ‘Hiba’.

IV-What are the Rights and Obligations of the Donor and Donee?

Donor’s Rights:

• Can impose certain obligations on the donee (conditional ‘Hiba’).
• Can request the revocation of the ‘Hiba’ under certain circumstances.

Donor’s Obligations:

• Deliver the gifted item.
• Officially document the ‘Hiba’.

Donee’s Rights:

• Enjoy the benefits of the gifted item.
• Demand delivery if not provided.

Donee’s Obligations:

• Formally accept the ‘Hiba’.
• Comply with the obligations of the ‘Hiba’ in the case of a conditional ‘Hiba’.

V-What are the Conditions for a ‘hiba’ Contract?

• Official Status: The contract must be official and documented.
• Clear Specification: The gifted item must be clearly specified.
• Intention to Donate: The intention to donate must be clear in the contract.
• ‘Hiba’ Obligations: Any obligations imposed on the donee must be clearly stated.

VI-How Can a ‘Hiba’ be Challenged?

• Violation of Legal Conditions: A ‘Hiba’ can be challenged if the required legal conditions are not met.
• Fraud or Coercion: A ‘Hiba’ can be challenged if it was the result of fraud or coercion.
• Prejudice to Heirs: Heirs can challenge the ‘Hiba’ if it prejudices their legal rights.

VII-What are the Specific Rules Regarding ‘Hiba’ Between Relatives?

• Bequests and ‘Hiba’ During Terminal Illness: ‘Hiba’made during a terminal illness are considered bequests and are subject to the rules of bequests.
• ‘hiba’ to Relatives: ‘Hiba’ between relatives may have special procedures for documentation and are subject to stricter legal scrutiny to ensure the rights of heirs.
• Revocation of ‘Hiba’ : ‘Hiba’ can be revoked under specific conditions such as significant abuse by the donee or the donor’s inability to meet their basic needs.

VIII-Conclusion

Understanding the ‘Hiba’ laws in Tunisia, their conditions, and legal procedures ensures the protection of the rights of all parties involved. Through official documentation and adherence to legal conditions, individuals can execute ‘Hiba’ in a proper and lawful manner, enhancing trust and fairness in legal transactions related to the transfer of ownership.v