844. When the donor has given his express authority, the
recipient may take delivery of the property bestowed by way of gift either at
the meeting place of the parties, or after they have separated. If the authority
is merely implied, however, it is only valid so long as the parties are present
together. After they have separated, the recipient may not validly take delivery
of such property.
Example:- The donor states that he has bestowed a certain
by way of gift. The recipient may validly take delivery of the thing given so
long as the parties remain present together, but he may not do so once they have
separated. If the donor states that he has made a gift of something belonging to
him which is in a certain place, without requesting the recipient to go and get
it, the recipient may not validly go to the place where such thing is and take
845. A purchaser may make a valid gift to a third party of a
thing he has purchased, even before having taken delivery thereof from the
846. A gift made by the owner of a thing to a person who is
already in possession thereof is complete by reason of the mere acceptance of
the recipient, without the necessity of any further delivery.
847. If a person to whom money is due makes a gift of such money
to the person from whom the money is due, or releases the debtor from payment
thereof, such gift or release is valid, and the debt is forthwith extinguished,
provided that the debtor does not decline to agree thereto.
848. Should a person to whom money is due make a gift of the sum
due to him to some person other than the person who owes him such money,
expressly authorising the recipient to take payment from the latter, the gift is
complete as soon as the recipient has received payment.
849. The death of the donor or the recipient before the transfer
of the gift makes such gift null and void.
850. In the case of gift made by a father to a son who is of age,
that is, who is of sound mind and who has arrived at the age of puberty, the
thing bestowed by way of gift must be delivered by the donor, and delivery must
be taken thereof by the recipient.
851. A gift made to a minor by his tutor or by the person in
charge of his upbringing and education, of such person's property is complete by
reason only of the offer of the donor, and the minor becomes absolute owner
thereof without any need for taking delivery, whether the thing given is in the
possession of the donor, or in the safe keeping of some third person.
852. A gift made by a person to a child is complete when the
tutor or person in charge of the upbringing or education of the child takes
delivery of such gift.
853. If the recipient is a minor who is of perfect understanding,
the gift becomes complete when the minor himself takes delivery thereof, even
though he has a tutor.
854. A gift which is to take effect in the future is invalid.
Example:- A donor states that he has made a gift of a certain thing with
effect as from the first of next month. The gift is invalid.
855. The donor may validly demand some compensation in return for
his gift. In such a case the contract is valid and the condition binding upon
(1). The donor makes a condition that the recipient shall give him some
particular thing in return, or that he shall pay his debt amounting to a certain
sum. If the recipient fulfils the condition the gift becomes irrevocable; if
not, the donor has the right of revoking it.
(2). A person makes a gift of his real property held in absolute ownership upon
condition that the recipient shall make provision for his maintenance for the
whole of his life time. If such person changes his mind, he cannot revoke his
gift and claim the return of such property so long as the recipient continues to
comply with the condition.
SECTION II. CONDITIONS ATTACHING TO A GIFT.
856. The thing bestowed by way of gift must be in existence at the time the gift is made.
Consequently, if a gift is made of grapes to be produced in a vineyard, or the
foal of amre not yet born, such gift is invalid.
857. The thing bestowed by way of gift must be the property of
the donor. Consequently, if a person makes a gift to some other person of
property which is not his own, such gift is invalid. If the owner, however,
thereafter ratifies the gift, such gift is valid.
858. The thing bestowed by way of gift must be clearly
ascertained and defined. Consequently, if the donor makes a gift of a certain
portion of his property without specifying which, or if he makes a gift of a
horse by telling the recipient that he may take whichever he likes of two
horses, and the recipient at the time the gift is made states which one of the
two he selects, such gift is valid. If the recipient selects the one he wants
after the meeting at which the gift has been made, however, such selection is
859. The donor must be of sound mind and must have arrived at the
age of puberty. Consequently, a gift made by a minor, or a madman, or an
imbecile is invalid. A gift however, may validly be bestowed upon such
860. The donor must assent to the gift. Consequently, a gift made
as a result of force or constraint in invalid.
CHAPTER II. FUNDAMENTAL RULES RELATING TO GIFT.
SECTION I. REVOCATION OF A GIFT.
861. The recipient becomes owner of the property
bestowed by way of gift upon taking delivery thereof.
862. The donor may revoke the gift of his own accord before
delivery thereof is taken.
863. If the donor forbids the recipient to take delivery after
making an offer of the property, he revokes the gift.
864. The donor may revoke the gift or present after delivery has
been taken, provided the recipient agrees there to. If the recipient does not
agree, the owner may apply to the Court, and the Court may cancel the gift in
the absence of any prohibition contained in the following Articles, but not
865. If the donor takes back the gift after delivery has been
taken without the assent of the recipient, or of an order of the Court, he
becomes a person wrongfully appropriating property; and if the gift is destroyed
or lost while in his possession, he must make good the loss.
866. If a person makes a gift of anything to his ascendants or
descendants, or to his brother, sister, or to their children or to his uncle and
aunt, he may not revoke such gift.
867. If the husband or wife, while the marriage stands, gives and
delivers something to the other, he or she can no longer go back from it.
868. If something is given on account of the gift and is received
by the donor, the donor may not revoke such gift. Consequently, If something is
given to the donor on account of the gift, whether by the recipient or by some
other person, and the donor takes delivery thereof, he may not revoke such
869. In cases where something is added to and becomes part of the
gift, as where the property bestowed by way of gift consists of land, and the
person in whose favour the gift is made erects buildings or plants trees
thereon; or where the gift consists of a lean animal and the person in whose
favour the gift is made fattens such animal; or where the gift is altered in
such a way that its name is changed, as where corn is ground into flour, the
gift may not validly be revoked. But an increase which is not part of the gift
in no way prevents revocation. Consequently, if a mare which is bestowed by way
of gift to a certain person becomes in foal, the gift may not be revoked. But
after the mare has foaled, the gift any be revoked. In that case the foal
belongs to the person in whose favour the gift has been made.
870. If the person in whose favour the gift has been made divests
himself of the ownership therein by selling such gift or making a gift thereof,
and delivering the same, the donor has no right of revoking the gift.
871. If the gift has been destroyed while in the possession of
the person in whose favour the gift has been made, such gift may not be
872. In the event of death of either the donor or the person in
whose favour the gift has been made, the gift may not be revoked. Consequently,
if the person in whose favour the gift has been made dies, the donor may not
revoke the gift; and if the donor dies his heirs cannot claim the return of the
873. If the creditor makes a gift of a sum owning to him by a
person who is indebted to him, he can in no case revoke the gift.(See Article 51
874. A gift made by way of alms cannot be revoked once delivery
thereof has been taken.
875. If a person allows some other person to consume certain
food, the latter, after receiving it, may not deal with it in a manner
indicative of a right of ownership, as by selling it, or by making a gift of it
to some third person. He may, however, eat such food, and the owner cannot later
claim the value thereof.
Example:- A eats a quantity of grapes in a
vineyard with the permission of the owner thereof. The owner may not later claim
the value of such grapes.
876. Presents made on the occasion of circumcision or marriage
ceremonies belong to those persons for whom they were intended by the owners
thereof, whether for the child, or the bride, or the father, or the mother. If
they fail to state for whom they were brought and the point cannot be settled by
inquiry from them, the question will be dealt with in accordance with local
SECTION II. GIFTS MADE DURING THE COURSE OF A MORTAL SICKNESS.
877. If a person who is without an heir makes a gift of the whole of his
possession to some other person during the course of a mortal sickness and
delivers the same, such gift is valid, and the Treasury has no right of
interfering with the estate after his decease.
878. If a husband who has no heir apart from his wife, or a wife
who has no heir other than her husband, makes a gift of the whole of his or her
possessions to the wife or husband respectively during the course of a mortal
sickness and delivers the same, such gift is valid, and the Treasury has no
right of interfering with the estate of either of them after their decease.
879. If any person makes a gift to one of his heirs during
the course of a mortal sickness, and then dies, such gift is not valid unless
ratified by the other heirs. If the gift, however, is made and delivered to some
person other than an heir, and the gift does not exceed one third of the estate,
such gift is valid, If it exceeds one third, however, and the heirs do not
ratify the gift, such gift is valid in respect to one third of the estate, and
the person in whose favour the gift is made must return the balance.
880. If a person whose estate is overwhelmed by debts makes a
gift of his property during the course of a mortal sickness to his heir, or to
some other person, and delivers the same and then dies, the creditors may
disregard the gift and may divide such property between them in proportion to
PROMULGATED BY ROYAL IRADAH 29TH MUHARRAM, 1289.