1. A gift of trees with the exclusion of their fruit for one year or more, on the condition that the donee undertakes their irrigation and maintenance during that period, shall not be permissible; if such a gift occurs, it shall be rescinded. 2. As a result of the rescission of the gift, the donee shall return the trees to the donor if they remain in the same condition. 3. If the condition of the trees has changed, the donee shall pay their value as of the day of taking possession thereof, and ownership shall pass to the donee from that date. In this case, the donee shall have recourse against the donor for the equivalent of what the donor has taken of their fruits, if the quantity thereof is known, or for their value if the quantity is not known.
Interpretation and application must be checked against the official text and current version.