1759条
前条第一項ニ従ヒ有効ニ約定シタル解除ノ未必条件ノ成就ハ受贈者ノ相続人ニ対スルト第三者ニ対スルトヲ問ハス普通ノ合意ニ付約定シタル解除ノ未必条件ト同一ノ効力ヲ生ス
然レトモ受贈者ノ婦ハ解除ニ拘ラス受贈財産ニ付左ノ二箇ノ条件具備スルトキハ法律上ノ抵当権ヲ保有ス
其贈与ハ夫婦財産契約ニ因リ夫ノ利益ニ為セシモノナルトキ
其贈与外ニ於ケル夫ノ特有財産ヲ以テ婦ノ特有財産ノ返還ヲ確保スルニ足ラサルトキ
362. The accomplishment of the resolutory condition validly stipulated for in accordance with the provision of the first paragraph of the preceding Article produces the same effects as against the donee's heir or third persons, as the resolutory condition stipulated for in an ordinary agreement.
The wife of the donee, however, keeps the right of legal mortgage over the donated property, without regard to the cancellation of the donation, when the two following conditions are fulfilled :
i. That the donation has been made for the husband by a marriage contract ;
ii. That the property of the husband other than that donated is not sufficient for guaranteeing restitution of the wife's own property.