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Al-Majallah al-Ahkam al-‘Adaliyyah
Chapter 2: Fundamental Rules Relating to Gift
Section 1: Revocation of a Gift.
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The recipient becomes owner of the property bestowed by way of gift upon
taking delivery thereof.
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The donor may revoke the gift of his own accord before delivery thereof
is taken.
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If the donor forbids the recipient to take delivery after making an offer
of the property, he revokes the gift.
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The donor may revoke the gift or present after delivery has been taken,
provided the recipient agrees there to. If the recipient does not agree,
the owner may apply to the Court, and the Court may cancel the gift in
the absence of any prohibition contained in the following Articles, but
not otherwise.
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If the donor takes back the gift after delivery has been taken without
the assent of the recipient, or of an order of the Court, he becomes a
person wrongfully appropriating property; and if the gift is destroyed
or lost while in his possession, he must make good the loss.
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If a person makes a gift of anything to his ascendants or descendants,
or to his brother, sister, or to their children or to his uncle and aunt,
he may not revoke such gift.
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If the husband or wife, while the marriage stands, gives and delivers something
to the other, he or she can no longer go back from it.
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If something is given on account of the gift and is received by the donor,
the donor may not revoke such gift. Consequently, If something is given
to the donor on account of the gift, whether by the recipient or by some
other person, and the donor takes delivery thereof, he may not revoke such
gift.
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In cases where something is added to and becomes part of the gift, as where
the property bestowed by way of gift consists of land, and the person in
whose favour the gift is made erects buildings or plants trees thereon;
or where the gift consists of a lean animal and the person in whose favour
the gift is made fattens such animal; or where the gift is altered in such
a way that its name is changed, as where corn is ground into flour, the
gift may not validly be revoked. But an increase which is not part of the
gift in no way prevents revocation. Consequently, if a mare which is bestowed
by way of gift to a certain person becomes in foal, the gift may not be
revoked. But after the mare has foaled, the gift any be revoked. In that
case the foal belongs to the person in whose favour the gift has been made.
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If the person in whose favour the gift has been made divests himself of
the ownership therein by selling such gift or making a gift thereof, and
delivering the same, the donor has no right of revoking the gift.
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If the gift has been destroyed while in the possession of the person in
whose favour the gift has been made, such gift may not be revoked.
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In the event of death of either the donor or the person in whose favour
the gift has been made, the gift may not be revoked. Consequently, if the
person in whose favour the gift has been made dies, the donor may not revoke
the gift; and if the donor dies his heirs cannot claim the return of the
gift.
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If the creditor makes a gift of a sum owning to him by a person who is
indebted to him, he can in no case revoke the gift.(See Article 51 and
848.)
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A gift made by way of alms cannot be revoked once delivery thereof has
been taken.
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If a person allows some other person to consume certain food, the latter,
after receiving it, may not deal with it in a manner indicative of a right
of ownership, as by selling it, or by making a gift of it to some third
person. He may, however, eat such food, and the owner cannot later claim
the value thereof.
Example: A eats a quantity of grapes in a vineyard with the permission
of the owner thereof. The owner may not later claim the value of such grapes.
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Presents made on the occasion of circumcision or marriage ceremonies belong
to those persons for whom they were intended by the owners thereof, whether
for the child, or the bride, or the father, or the mother. If they fail
to state for whom they were brought and the point cannot be settled by
inquiry from them, the question will be dealt with in accordance with local
custom.
Section 2: Gifts Made During the Course of a Mortal
Sickness.
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If a person who is without an heir makes a gift of the whole of his possession
to some other person during the course of a mortal sickness and delivers
the same, such gift is valid, and the Treasury has no right of interfering
with the estate after his decease.
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If a husband who has no heir apart from his wife, or a wife who has no
heir other than her husband, makes a gift of the whole of his or her possessions
to the wife or husband respectively during the course of a mortal sickness
and delivers the same, such gift is valid, and the Treasury has no right
of interfering with the estate of either of them after their decease.
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If any person makes a gift to one of his heirs during the course of a mortal
sickness, and then dies, such gift is not valid unless ratified by the
other heirs. If the gift, however, is made and delivered to some person
other than an heir, and the gift does not exceed one third of the estate,
such gift is valid, If it exceeds one third, however, and the heirs do
not ratify the gift, such gift is valid in respect to one third of the
estate, and the person in whose favour the gift is made must return the
balance.
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If a person whose estate is overwhelmed by debts makes a gift of his property
during the course of a mortal sickness to his heir, or to some other person,
and delivers the same and then dies, the creditors may disregard the gift
and may divide such property between them in proportion to their claims.
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