Article 381 of the Saudi Civil Transactions Law
المادة 381 من نظام المعاملات المدنية · الفرع الثالث: الرجوع في الهبة
The article obliges the donee to compensate the donor if the donor has the right to revoke and the gifted item is lost in the donee's hands after he was put on notice to deliver it.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا كان للواهب الرجوع في الهبة وهلك الموهوب في يد الموهوب له بعد إعذاره بالتسليم؛ لزمه تعويض الواهب.
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 381 explained in plain English
This article deals with a special case: where the donor has the right to revoke the gift and demands that the donee deliver the gifted item, but the donee does not deliver it and the item is then lost in his hands.
The conditions for applying the rule are:
- That the donor has the right to revoke the gift.
- That the gifted item is lost in the donee's hands.
- That the loss occurs after he was put on notice to deliver, that is, after he was formally warned to deliver the gifted item to the donor.
If these conditions are met, the donee must compensate the donor.
In practical terms, a donee who is asked to deliver and delays bears the risk of the item's loss afterwards. The importance of this rule is clear when compared with Article 380, which provides that if the donor cannot recover the gifted item itself under Article 379, he is not entitled to its value unless the gift was conditional on an obligation and the donee failed to perform it; this article, by contrast, makes notice to deliver followed by loss an independent ground for compensation.
The article does not specify the manner of giving notice, nor the amount of compensation or how it is assessed.
To verify whether the conditions for compensation are met in a particular case, it is advisable to consult a lawyer who specializes in civil cases.
Practical example
Abu Rashed gave his son a horse, then became entitled to revoke the gift. He demanded that his son deliver it and put him on notice to do so. The son delayed, and the horse died in his possession after the notice. Under this article the son must compensate his father.
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 381 of the Saudi Civil Transactions Law
When must the donee compensate the donor for the loss of the gifted item?
If the donor has the right to revoke the gift and the gifted item is lost in the donee's hands after he was put on notice to deliver it.
Is the loss of the gifted item alone enough for compensation?
No. The article requires that the loss occur after the donee was put on notice to deliver, and that the donor have the right to revoke.
Does the article specify the amount of compensation?
No. It provides that compensation is due without specifying its amount or how it is assessed.
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.