Article 371 of the Saudi Civil Transactions Law
المادة 371 من نظام المعاملات المدنية · الفرع الأول: إنشاء عقد الهبة
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.
Official text (Arabic)
This article has not been amended since the law was issued.
تصح هبة الشريك حصته في المال الشائع لشريكه أو لغيره عقارًا كان أو منقولًا، ولو كان الموهوب قابلًا للقسمة.
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 371 explained in plain English
This article deals with a common practical situation: where property is jointly owned by several persons, such as land or a house shared among heirs, and one of them wants to give his share as a gift.
The article provides that such a gift is valid in all of the following cases:
- Whoever the donee is: whether the partner gives his share to his partner or to someone else outside the partners.
- Whatever the type of property: whether the jointly owned property is real estate or movable.
- Even if it is divisible: the property need not first be divided and the donor's share set apart before it is given.
The partner therefore does not need to wait for partition in order to give his share; he can give his undivided share as it is.
This article does not address the rights of the other partners toward the donee or how they deal with him after the gift; it is limited to providing that the gift is valid.
Connected to it are Article 370, which allows a gift of a debt to the debtor and treats it as a release, and Article 372, which provides that the donor does not guarantee that the gifted item will not be claimed by others or that it is free of defects, unless he deliberately concealed either of them or guaranteed that the gifted item is free of them.
Because joint ownership often gives rise to disputes among partners, before giving a share in jointly owned real estate it is advisable to consult a lawyer who specializes in real estate or civil cases.
Practical example
Four brothers inherited land in Medina and have not yet divided it. One of them wanted to give his share to his married sister. He may do so under this article, even though the land is divisible and without waiting for it to be divided.
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 371 of the Saudi Civil Transactions Law
Can a partner give his share before partition?
Yes. A partner's gift of his share in jointly owned property is valid even if the gifted item is divisible.
Must the gift be made to one of the partners?
No. The gift is valid whether made to a partner or to someone else.
Does the rule cover both real estate and movable property?
Yes. The article provides that the gift is valid whether the property is real estate or movable.
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 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.
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.