Article 380 of the Saudi Civil Transactions Law
المادة 380 من نظام المعاملات المدنية · الفرع الثالث: الرجوع في الهبة
The article provides that if the donor is barred from recovering the gifted item itself under Article 379, he is not entitled to its value, unless the gift was conditional on an obligation that the donee failed to perform.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا لم يكن للواهب استرداد عين الموهوب وفقًا لأحكام المادة (التاسعة والسبعين بعد الثلاثمائة) من هذا النظام؛ فلا يستحق قيمة الموهوب إلا إذا كانت الهبة مشروطةً بالتزامٍ وأخل به الموهوب له؛ فللواهب قيمة الموهوب وقت سقوط حقه في استرداده.
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 380 explained in plain English
Article 379 specifies cases in which the donor cannot recover the gifted item itself: if the donee disposed of it in a way that transfers ownership, or it had a significant attached increase or was changed so that its name or nature changed, or it was lost in the donee's hands.
This article answers the question: in these cases, does the donor take the value of the gifted item in place of the item itself?
- The rule: the donor is not entitled to the value of the gifted item.
- The exception: if the gift was conditional on an obligation and the donee failed to perform it, the donor is entitled to the value of the gifted item.
- Time of valuation: the value is assessed at the time the donor's right to recover the gifted item lapsed, that is, the time when the ground for the bar occurred.
The reasoning is that a donee who failed to perform his obligation in a conditional gift should not benefit from his disposal, whereas otherwise he is not made to bear the value of property he received as a donation.
Connected to it is Article 381, which obliges the donee to compensate the donor if the donor had the right to revoke and the gifted item was lost in the donee's hands after he was put on notice to deliver it.
The article does not specify how the value is to be assessed. To assess the right to the value in a particular case, it is advisable to consult a lawyer who specializes in civil cases.
Practical example
Umm Fahd gave her son a car on condition that he drive his sister to her university every day. He failed to comply with the condition and then sold the car. The mother cannot recover the car itself because it was sold, but since the gift was conditional on an obligation that the son failed to perform, she is entitled to the value of the car at the time her right to recover it lapsed.
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 380 of the Saudi Civil Transactions Law
Is the donor entitled to the value of the gifted item if it cannot be recovered?
Not as a rule, unless the gift was conditional on an obligation that the donee failed to perform.
When is the value of the gifted item assessed?
It is assessed at the time the donor's right to recover it lapsed.
In what cases is recovery of the gifted item itself impossible?
The cases in Article 379: a disposal that transfers ownership, a significant attached increase or a change, and loss.
Articles this article refers to
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.