Explanation of Article 380
The article clarified that if the donor has the right to revoke the gift either by consent or by court in the cases specified in Article (376), and thus the right to reclaim the gifted item, it also clarified the forfeiture of his right to reclaim in any of the cases specified in Article (379) such as the destruction of the gifted item, change in its nature, significant increase, or if the gifted item has been transferred to another owner; then the donor's right to revoke the gift is forfeited following the forfeiture of his right to reclaim, except in one case, which is if the donor's revocation is due to the donee's breach of a condition explicitly or implicitly imposed by the donor at the time of the gift contract; in this case, the donor's right to revoke does not lapse; however, due to the impossibility of reclaiming the gifted item, the donor is entitled to compensation from the donee equivalent to the value of the gifted item not at the time of the contract but at the time of the forfeiture of his right to reclaim it, i.e., at the time of its destruction, change in nature, increase, or transfer; because it is the time when the donee deprived the donor of the gifted item.
Based on what the article decided, when the donor's right to reclaim the gifted item is forfeited for any of the cases specified in Article (379), his right to revoke the gift is consequently forfeited; he has no right to reclaim the gifted item nor to compensation for it, provided that the donor's revocation is not due to the donee's breach, i.e., the revocation was in the two cases mentioned in paragraphs (2) / (376) A) and (2/C) of Article (376).
Based on the above, the cases in which the donor's right to revoke the gift is completely forfeited can be summarized as follows; he neither reclaims the gifted item nor is entitled to compensation for its value in three cases: A- The death of the donor or the donee. B- The forfeiture of the donor's right to reclaim the gifted item for any of the cases specified in Article (379), in the case of one of the parents revoking their gift to their child. C- The forfeiture of the donor's right to reclaim the gifted item for any of the cases specified in Article (379), in the case where the donor's revocation is due to a condition stipulated at the contract for specific cases with a legitimate purpose.
Related To
Article 380
If a donor has no right to recover the gift in accordance with the provisions of Article 379 of this Law, he shall not be entitled to the value of such gift, unless the gift is conditional upon the performance of an obligation and the donee fails to perform such obligation. In such case, the donor shall be entitled to the value of the gift at the time his right to recover such gift is forfeited.