Explanation of Article 375
The subject of the article is the second obligation of the donee in the gift contract, which is his obligation to bear the expenses of the gift contract, including the expenses of its documentation, and the expenses of delivering and transferring the gifted item. What is included in the article is an exception to the general rule stated in Article (274), which reads: "The expenses of fulfillment shall be borne by the debtor; unless there is a statutory provision or agreement to the contrary." The reason for this exception is the particularity of the gift contract, as it is based on donation, and thus the obligation is interpreted for the debtor, who is the donor, in the narrowest scope; so he is not burdened with both the loss of his property and these expenses. The ruling in the article does not relate to public order, but rather is a supplementary rule to the will of the contracting parties. Therefore, the article concludes that if the contracting parties agree otherwise, the agreement is valid.
Related To
Article 375
The donee shall bear the costs of the gift contract as well as the delivery and transportation of the gift, unless agreed otherwise.