Abstract

This article examines delivery in real contracts under Mauritanian legislation, focusing on its concept, legal nature, and distinction from delivery as a mere obligation arising from consensual contracts. It also traces the historical development of the concept of real contracts and the doctrinal debate surrounding their continued existence and the classification of delivery as a form of formal requirement. The article further examines the main contracts for which Mauritanian legislation requires delivery, particularly gifts, loans for use, deposits, and possessory pledges. It highlights the different forms of delivery, including actual, constructive, and symbolic delivery, as well as the varying functions it performs according to the nature of each contract. The study concludes that delivery serves protective, evidentiary, and credit-related functions, while also contributing to confidence and stability in transactions. It finally recommends greater legislative precision, harmonization of terminology, and clearer regulation of the forms of delivery and the consequences of its absence.

Keywords

Delivery; Actual Delivery; Constructive Delivery; Real Contracts; Contracts for Consideration; Gratuitous Contracts.