Explanation of Article 381
The article addresses the fourth effect of revoking a gift, which is that when the donor has the right to revoke by mutual consent or litigation as stated in Article (376) and the gifted item perishes due to an external cause beyond the control of the donee, the following is considered: If the destruction occurs after the donee is notified to deliver, then the donee is liable for that destruction, and thus must compensate the donor for the value of what would have been recovered if it had not perished; because the donee is at fault for not delivering the gift which the donor has the right to reclaim. It goes without saying that if the destruction in this case is caused by the donee, they are even more liable for the destruction. However, if the destruction occurs before the notification due to an external cause beyond the control of the donee, then the liability for the destruction in this case falls on the donor.
Related To
Article 381
If a donor is entitled to revoke his gift and the gift, while in the possession of the donee, was destroyed after being notified to return said gift, the donee shall compensate the donor.