{2) Where the gifted article, in a conditional gift, perishes or is disposed of by donee, prior to rescission, he shall
refund its value on day of receipt.
Gift of person on death bed
279.
The provisions of legacy shall apply to the gift of a person on death bed.
Retraction of gift
280.
A donor may retract the gift: (a)
before receipt, without consent of the donee;
(b)
after receipt, upon consent of the donee; and where he does not consent, the donor may rescind the gift, by
acceptable reason, unless there is impediment of retraction.
Acceptable reasons for rescission of the gift
281. Subject to the provisions of section 282, there shall be deemed acceptable reason for rescission and retraction
of the gift that: (a)
the donor is unable to affect his maintenance or maintenance of whoever he may be bound to maintain;
(b)
the donor who has no child, is endowed, after the gift, with a child, who remains alive up to the date of
retraction or has a child, whom he believes, to be dead, while he is alive.
(c)
The donee breaches his obligations, stipulated in the contract, without justification, or breaches what he is
bound by towards donor, or one of his relatives, in such way that such contravention is a great thanklessness on his
part.
Bars against retraction of gift
282. There shall be deemed a bar against retraction of gift that: (a)
the gift is from one of the two spouses to the other or to a uterine relative of prohibited degree, unless there
is entailed thereto differentiation between those without justification;
(b)
the donee disposes of the whole gifted article by a disposition which transfers ownership, where the
disposal is in part of the gifted article, he may retract the remainder.
(c)
the gifted article continuously increases, or its capacity is altered by an increase which changes the name
thereof;
(d)
one of the two parties to the gift dies after receipt;
(e)
the gifted article totally perishes in the hand of the donee; where it is partial, the remainder may be
retracted;
(f)
the gift is for consideration;
(g)
the gift is for a charitable body, or the creditor gifts the debt to the debtor.
Effects of retraction of the gift
283.(1} Retraction of the gift shall, by consent, or judgment, be deemed avoidance of the contract effect.
(2} A donee shall not return what he has benefited thereby of the gifted article to the donor, save from the date of
retraction, or the date
(3) A donee may recover such necessary expenses, as he may have spent; as for the un-necessary expenses he shall
not recover therefrom, save such as may have increased the value of gifted article.
Grounds of avoidance of the gift
284.
A gift shall be avoided in any of the following cases, namely (a)
loss of one pillar or condition, provided therefor in this Act;
(b)
delay of its possession until the property of the donor is surrounded by debt, even though the debt has
occurred after the gift.
Liability for perishing of the gifted article
285.
(1) Where the donor recovers the gifted article without consent or judgment, he shall be liable for its
perishing whatever the cause thereof may be.
(2) Where judgment is passed for retraction of the gift, and the gifted article perishes in the hand of donee, after
giving him notice of receipt, the donee shall be liable for perishing whatever the cause thereof may be.
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