Judicial principles and studies
Settlement and Conditions of Release (Ibraa): Effect of Treating Release as a Donation
Decision reference: تمييز حقوق هيئة عامة رقم (٤٦٠٤/٢٠٢٥)
The available points address the legal character of release under Articles 444, 446 and 447/1 of the Civil Code: a unilateral waiver that extinguishes the obligation and is treated as a donation subject to donation rules.
Leases and use rights
Judicial principles and studies
Updated: 10 September 2026
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The available points address the legal character of release under Articles 444, 446 and 447/1 of the Civil Code: a unilateral waiver that extinguishes the obligation and is treated as a donation subject to donation rules.
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Subject
The study addresses settlement and the conditions of release (ibra) while highlighting the principal legal point available from the cited provisions: the legal nature of release under the Civil Code articles noted.
Summary
Release (ibra) is a unilateral legal act whereby the creditor waives a right against his debtor without consideration. Such an act serves to extinguish the obligation. Because the waiver is made without compensation, the legislature treats it as a donation, subjecting it to the substantive rules that govern donations generally.
Practical significance
Where a creditor releases a debtor without consideration, the obligation is extinguished and the substantive rules applicable to donations apply. This summary is an educational overview and does not constitute a judicial text or legal advice.
Frequently asked questions
Subject?
The study addresses settlement and the conditions of release (ibra) while highlighting the principal legal point available from the cited provisions: the legal nature of release under the Civil Code articles noted.
Summary?
Release (ibra) is a unilateral legal act whereby the creditor waives a right against his debtor without consideration. Such an act serves to extinguish the obligation. Because the waiver is made without compensation, the legislature treats it as a donation, subjecting it to the substantive rules that govern donations generally.
Practical significance?
Where a creditor releases a debtor without consideration, the obligation is extinguished and the substantive rules applicable to donations apply. This summary is an educational overview and does not constitute a judicial text or legal advice.
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