Explanation of Article 377
The article clarifies that the donor's right to revoke the gift in the three cases specified in Article (376) is nullified by the death of the donor or the death of the donee before the revocation. The reason for the donor's death is that the right to revoke is a personal right connected to the donor, and only he can assess the considerations for requesting revocation; thus, the right does not transfer to his heirs. As for the death of the donee, the ownership of the gifted item transfers upon death to his heirs, and they did not acquire ownership from the donor, so the donor cannot revoke it from them. Additionally, the change of ownership is like the change of the item itself; thus, the gifted item is considered as if it were another item, and the donor has no claim over it.
Related To
Article 377
The right of revocation provided for in Article 376 of this Law shall expire if either party to the gift contract dies prior to revocation.