Explanation of Article 373
This article sets forth the obligations of the donee. The fundamental principle in a gift contract is that it is a unilateral contract binding only on the donor. However, the contract may include obligations on the donee, which are of two types:
The first obligation: If the gift is conditional upon an obligation on the donee, he is required to fulfill it.
The second obligation: Bearing the expenses of the gift contract, delivering the gifted item, and transferring it.
The subject of this article is the first obligation of the donee, which is that the gift is conditional upon an obligation on the donee, and he is required to fulfill it. This condition, as previously mentioned, may be explicit or implicit, inferred from the circumstances. The conditional obligation may be for the benefit of the donee, such as gifting him money on the condition that he spends it on his education, or for the benefit of the donor, such as the donor wishing to have a neighbor and gifting a nearby apartment on the condition that the donee resides in it, or for the benefit of a third party, such as gifting someone money on the condition that he spends it on caring for a relative of the donee, or for the public interest, such as gifting money to a charity on the condition that it builds an orphanage.
In all these cases, the obligation may involve giving something, such as requiring the donee to pay a debt of the donor from the gift, or performing an act, such as gifting a car on the condition that the donee works with it, or refraining from an act, such as gifting money on the condition that the donee quits a bad habit.
In all these cases, the conditions for the validity of the obligation's subject must be met; it must be possible in itself, not contrary to public order, and specified in itself, by its type and amount, or capable of being specified.
The gift does not depart from the rule of donation with this obligation as long as the conditional obligation is not in the nature of a consideration, even if the benefit of this obligation is for the donor.
The consequence of breaching this obligation is that it allows the donor to revoke his gift according to what will be stated in Article (376).
Related To
Article 373
If the gift is conditional upon the performance of an obligation for the benefit of the donor or a third party, the donee shall perform such obligation.