Article 369 of the Saudi Civil Transactions Law
المادة 369 من نظام المعاملات المدنية · الفرع الأول: إنشاء عقد الهبة
The article provides that a gift of property the donor does not own does not take effect, unless the owner approves it.
Official text (Arabic)
This article has not been amended since the law was issued.
لا ينفذ عقد الهبة إذا كان الموهوب غير مملوك للواهب إلا إذا أجازه المالك.
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 369 explained in plain English
This article deals with the case of a gift of another person's property, that is, where a person gives property that he does not own.
The rule it sets out:
- General rule: the gift contract does not take effect if the gifted property is not owned by the donor. It therefore does not have its effect of transferring ownership of the property to the donee.
- Exception: if the owner approves the gift, it takes effect.
The article does not say the contract is void; it makes it not effective unless the owner approves it. The decision rests with the true owner of the property: if he confirms the gift it takes effect, and if he does not, it does not.
The reasoning is that the rule protects the true owner, so that his ownership does not pass to someone else through an act that did not come from him, unless he accepts it and approves it.
The article does not address the manner or timing of approval, or the effects of its absence on the relationship between the donor and the donee; these are matters that require looking at other provisions and at the circumstances of each case. Also to be taken into account is what Article 368 requires for a gift to be formed, namely documentation or delivery depending on the type of property.
Anyone who finds that his property has been given to someone else without his permission, or who received a gift and then found that the donor does not own it, should consult a lawyer who specializes in civil cases.
Practical example
Talal gave his friend a valuable watch that he had borrowed from his uncle, without the uncle's knowledge. This gift does not take effect because the watch is not owned by Talal, unless the uncle learns of it and approves it.
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 369 of the Saudi Civil Transactions Law
What is the rule on a gift of property the donor does not own?
In this case the gift contract does not take effect unless the owner approves it.
Does a gift of another person's property become effective if the owner agrees?
Yes. The article makes the owner's approval a ground for the gift taking effect.
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 368
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.
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
- 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.