Article 368 of the Saudi Civil Transactions Law
المادة 368 من نظام المعاملات المدنية · الفرع الأول: إنشاء عقد الهبة
The article requires that a gift of real estate be documented in accordance with the legal provisions to be formed, and accepts documentation or delivery for a gift of movable property, even without documentation.
Official text (Arabic)
This article has not been amended since the law was issued.
1- إذا كان الموهوب عقارًا فلا تنعقد هبته إلا بتوثيقها وفق النصوص النظامية.
2- إذا كان الموهوب منقولًا فلا تنعقد هبته إلا بتوثيقها وفق النصوص النظامية أو بالقبض ولو من دون توثيق.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 368 explained in plain English
This article specifies when a gift is formed, and distinguishes between two kinds of gifted property:
- Real estate: a gift of real estate is not formed unless it is documented in accordance with the legal provisions. An oral agreement or an ordinary paper between the donor and the donee is not sufficient to form a gift of real estate under this provision.
- Movable property: a gift of movable property is formed by one of two things:
- Documentation in accordance with the legal provisions, or
- Delivery, meaning that the donee takes possession of the item, even without documentation.
"Is not formed" means that the contract does not come into existence at all before the required form is met. A mere promise to give, or an agreement to give without documentation in the case of real estate, or without documentation or delivery in the case of movable property, is not sufficient.
The article does not specify the documentation procedures or the authority responsible for them; it refers to the relevant legal provisions.
This article is connected to Article 367, which allows the donor to impose an obligation on the donee, and to Article 369, which provides that a gift of something the donor does not own does not take effect unless the owner approves it.
Before relying on a gift of real estate or of valuable movable property, it is advisable to consult a lawyer who specializes in civil or real estate cases to make sure that what is required for its formation has been met.
Practical example
Omar promised his daughter that he would give her an apartment in Jeddah, and wrote her a paper to that effect without documenting it. Under this article, the gift of the apartment is not formed unless it is documented in accordance with the legal provisions. But if he gave her his car and actually handed it over to her, the gift of the car is formed by delivery even though it was not documented.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 368 of the Saudi Civil Transactions Law
Is a gift of real estate valid without documentation?
No. The article states that a gift of real estate is not formed unless it is documented in accordance with the legal provisions.
How is a gift of movable property formed?
It is formed by documentation in accordance with the legal provisions, or by the donee taking possession of the item, even without documentation.
Is a promise to give enough for a gift to be formed?
No. Under this article, documentation is required for real estate, and documentation or delivery for movable property.
More articles on Gift
- Article 293
The article subjects release to the substantive provisions on gifts and does not require a particular form for it.
تسري على الإبراء الأحكام الموضوعية للتبرعات، ولا يُشترط فيه شكل خاص.
- Article 366
The article defines a gift as a contract by which the donor, during his lifetime, transfers ownership of property to the donee without consideration.
الهبة عقد يُملِّكُ بمقتضاه الواهبُ حال حياته الموهوب له مالًا دون عوض.
- Article 367
The article allows the donor to impose a specific obligation on the donee, and makes the contract one for value if the donor requires consideration.
1- يصح أن يشترط الواهب التزامًا معيَّنًا على الموهوب له. 2- إذا اشترط الواهب عوضًا على الموهوب له فيكون العقد معاوضة تطبق عليه أحكام المعاوضات بحسب طبيعة العوض.
- Article 369
The article provides that a gift of property the donor does not own does not take effect, unless the owner approves it.
لا ينفذ عقد الهبة إذا كان الموهوب غير مملوك للواهب إلا إذا أجازه المالك.
- Article 370
The article allows a creditor to give the debt to the debtor himself, and treats such a gift as a release of the debtor from the debt.
تصح هبة الدين للمدين، وتعد إبراء.
- Article 371
The article allows a partner to give his share in jointly owned property to his partner or to someone else, whether the property is real estate or movable, even if it is divisible.
تصح هبة الشريك حصته في المال الشائع لشريكه أو لغيره عقارًا كان أو منقولًا، ولو كان الموهوب قابلًا للقسمة.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.