Explanation of Article 371
The article clarified the validity of a partner's gift to his partner of his share of the common property, or his gift to someone other than the partner, whether the gifted item is real estate or movable, and whether it is divisible or not. Divisible property is that which can be divided in kind without resulting in the disruption of its use or a significant decrease in its value.
The gift of a partner's share in the common property does not require the consent of the other partners, but his action is restricted to not causing harm to them, as stipulated in paragraph (1) of Article (620): "Every partner in ownership has the right to dispose of, exploit, and use his share; without the permission of the other partners, provided that it does not harm their rights."
The gift of common property requires the same conditions as that of specified property, such as the documentation of the contract if the gifted item is real estate, and documentation or possession if it is movable. Possession is achieved by the donee taking possession of all the common property with the consent of the other partners, or by the donee placing his hand on the gifted common share as the donor used to do; for example, if the partners share the benefit of the property among themselves and the donee shares the benefit of the property with them, this is considered possession of the gifted item.
Related To
Article 371
A partner may give to his partner or to a third party as a gift his share in a property owned in common, whether a real property or a movable property, even if such gift is divisible.