Article 121 of the Saudi Civil Transactions Law
المادة 121 من نظام المعاملات المدنية · الفرع الأول: مسؤولية الشخص عن فعله
If a harmful act is committed by the person who directly performed it, the damage is presumed to have resulted from his act, unless contrary evidence is established.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا كان الفعل الضار من مباشر له؛ عُدَّ الضرر ناشئًا بسبب ذلك الفعل؛ ما لم يقم الدليل على خلاف ذلك.
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 121 explained in plain English
This article sets a rule of evidence on the link between the harmful act and the damage, which is known as causation. If a person is the one who directly performed the harmful act himself, meaning the act came from him directly, the Law deems the damage to have arisen because of that act.
In practical terms this means:
- The injured person is not required to prove independently that the damage arose from the direct perpetrator's act, because the Law presumes this link.
- This presumption is not conclusive; the article provides that it stands unless evidence to the contrary is established, so the person who performed the act may present proof that the damage did not arise from his act.
This article complements Article 120, which provides that every fault that causes damage to another obliges the person who committed it to compensate; Article 120 sets the basis of the obligation to compensate, while Article 121 eases proof of the link between the damage and the act where the actor is the direct perpetrator. It is also linked to Article 122, which sets out when a person is liable for a harmful act, namely when it comes from him while he has discernment, with a special rule for damage caused by someone without discernment.
Whether the evidence presented is enough to negate this link varies with the circumstances of each incident, so anyone facing a dispute of this kind should consider consulting a lawyer who specializes in civil and compensation cases.
Practical example
Ahmed was riding his bicycle in a neighborhood in Dammam and collided directly with Khaled's parked car, damaging its door. Because Ahmed is the one who directly performed the act, the damage is deemed to have arisen from his collision, and Khaled does not need to prove this link independently, unless Ahmed presents evidence that the damage did not arise from his act.
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 121 of the Saudi Civil Transactions Law
Must the injured person prove that the damage resulted from the direct perpetrator's act?
The article provides that the damage is deemed to have arisen because of the direct perpetrator's act, so the injured person need not prove this link independently unless evidence to the contrary is established.
Can the person who performed the act deny liability for the damage?
Yes. The article keeps the presumption that the damage arose from the act in place unless evidence to the contrary is established, and if the opposite is proven the presumption falls away.
What is meant by the direct perpetrator of the harmful act?
The person from whom the harmful act came directly, which is the case in which the article presumes that the damage arose because of his act.
More articles on Compensation for Harm
- Article 28
The article provides that a person who uses his right lawfully is not liable for any harm that arises from that.
من استعمل حقه استعمالًا مشروعًا لا يكون مسؤولًا عما ينشأ عن ذلك من ضرر.
- Article 29
The article prohibits abuse in using a right, and sets its cases: aiming only to harm others, benefit entirely disproportionate to the harm caused, and use for something other than what the right was granted for or for an unlawful purpose.
1- لا يجوز التعسف في استعمال الحق. 2- يكون استعمال الحق تعسفيًّا في الحالات الآتية: أ- إذا لم يقصد بالاستعمال سوى الإضرار بالغير. ب- إذا كانت المنفعة من استعمال
- Article 35
The offeror may withdraw his offer before acceptance is made unless the offer has a fixed period, and if he does not inform the other party he compensates him for the harm suffered but not the expected profit.
1- للموجب أن يعدل عن الإيجاب قبل صدور القبول؛ ما لم تكن للإيجاب مدةٌ معينة. 2- إذا لم تكن للإيجاب مدة معينة؛ فعلى الموجب إذا عدل إعلام من وجه إليه الإيجاب بذلك،
- Article 41
Negotiating does not oblige the parties to conclude a contract, but a person who negotiates or ends negotiations in bad faith is liable for the harm, not for expected profit; bad faith includes lack of seriousness and concealing an essential fact.
1- ذا تمَّ التفاوض على عقد فلا يرتب ذلك على أطراف التفاوض التزامًا بإبرام هذا العقد، ومع ذلك يكون من يتفاوض أو يُنهي التفاوض بسوء نية مسؤولًا عن الضرر الذي أصاب
- Article 56
If a partially incapacitated person resorts to fraudulent means to conceal his incapacity, he must compensate the other contracting party for the harm caused by the annulment of the contract.
إذا لجأ ناقص الأهلية إلى طرقٍ احتياليَّةٍ لإخفاء نقص أهليته لزمه التعويض عن الضرر الذي أصاب المتعاقد معه بسبب إبطال العقد.
- Article 118
The article provides that the provisions on harmful acts apply to liability arising from the act of a natural or legal person, subject to liability provisions in special statutory texts.
مع مراعاة أحكام المسؤولية الواردة في نصوص نظامية خاصة؛ تسري أحكام هذا الفصل على المسؤولية الناشئة عن الفعل الضار من الشخص ذي الصفة الطبيعية أو الاعتبارية.
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.