Explanation of Article 379
The article outlines three cases in which the donor's right to reclaim the gifted item is forfeited, which are:
A- If the donee disposes of the gifted item in a manner that transfers ownership, such as selling, bartering, or gifting; because the donee would not have disposed of the gift except with the donor's authorization; thus, the donor cannot revoke what has been completed by his own action; and because the change of ownership is akin to the change of the item itself; if the disposal is limited to part of the gift, the donor may reclaim the remainder, as there is no impediment to reclaiming this remainder.
B- If the gifted item increases in an inherently significant manner, meaning that the increase occurs by itself and not through an addition made by the donee. The connected increase refers to an increase that cannot be separated from the gifted item without causing damage; such as the fattening of an animal, this increase nullifies the right to reclaim because the increase belongs to the donee, and the right of ownership takes precedence over the right of reclamation.
The right to reclaim is also forfeited if the donee alters the gifted item in a way that changes its name or nature; for example, if the gift was wood and a door was made from it, or if it was a piece of gold and jewelry was made from it; because the gifted item has transformed into another entity, making it inaccessible to the donor.
By the opposite understanding of the paragraph, the donor's right to reclaim the gifted item is not forfeited if the gifted item increases by itself in a minor, insignificant manner, such as a sheep gaining insignificant weight; likewise, the right to reclaim is not forfeited if the donee adds to the gifted item without changing its name or nature; because in this case, the donor is required to compensate the donee for that addition upon reclamation, as outlined in Article (37).
C- If the gifted item perishes while in the possession of the donee, whether it perishes through his action, use, or due to a cause beyond his control; because the gifted item is owned by the donee, he is not liable for its destruction or consumption; if part of it perishes, the donor may reclaim the remainder, as there is no impediment to reclaiming this remainder.
It is important to note that there is no necessary connection between the forfeiture of the donor's right to reclaim the gifted item and the forfeiture of his right to revoke the gift; the right to reclaim may be forfeited while the right to revoke the gift remains, with compensation for the value of the gifted item as outlined in Article (380).
Related To
Article 379
Upon revocation of the gift, the donor may not recover the gift in the following cases:
a) If the donee disposes of the gift in a manner that entails transfer of ownership; however, if such disposition is limited to part of the gift, the donor may recover the remaining part.
b) If a significant integral addition is made to the gift, or if the donee makes changes to the gift in a manner that changes its description or nature.
c) If the gift is destroyed while in the possession of the donee; however, if only part of the gift is destroyed, the donor may recover the remaining part.