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Civil Law

Explanation of Article 378

Explanation of Article 378

The consequences of revoking a gift, whether by mutual consent or litigation as outlined in Article (376), include several effects. This article specifies three effects of revocation, while Article (381) specifies the fourth effect. The effects addressed in this article are:

First effect: The donor's right to reclaim the gifted item from the donee, and the donor's right to reclaim is nullified by any of the conditions outlined in Article (379), unless the revocation is due to the donee's breach of a condition stipulated in the gift contract; in which case, the donor is entitled to compensation as will be detailed in Article (380).

Second effect: The donor's right to demand the fruits of the gifted item from the donee - such as livestock offspring and house rent from the time the donee accepts the return of the gift if the revocation is by mutual consent, or from the time of filing the lawsuit in cases where the donor is entitled to request revocation, which are the three cases outlined in paragraph (2) of Article (376); because the donee becomes a possessor in bad faith from the time of filing the lawsuit; thus, he does not own the fruits; and hence, he is obliged to return them to the donor from that time.

Third effect: The donee's right to reclaim from the donor the necessary expenses incurred by the donee on the gifted item, and the donee is entitled to reclaim all these expenses. The donee is also entitled to reclaim beneficial expenses such as construction or planting made on the gifted item; however, these expenses cannot exceed the amount by which the value of the gifted item has increased. As for luxury expenses such as decoration or painting incurred by the donee on the gifted item, these cannot be reclaimed from the donor.

All of this is merely an application of the general rules of possession in Article (677). The application of the article takes into account the exceptions to the right of reclamation outlined in the following Article (379).

Related To

Article 378

  1. Upon revocation of the gift, the donor may recover such gift as well as its yields from the time the donee agrees to return such gift or from the time of filing a claim in cases where the donor has the right of revocation.

  2. A donee may not recover any gift-related costs he incurs, except for useful expenses, to the extent of the increased value of the gift, and for necessary expenses.