Article 126 of the Saudi Civil Transactions Law
المادة 126 من نظام المعاملات المدنية · الفرع الأول: مسؤولية الشخص عن فعله
A public employee is not liable for his act that harmed another if he did it to carry out a statutory provision or his superior's order under specified conditions that he proves.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يكون الموظف العام مسؤولًا عن عمله الذي أضر بالغير، إذا أداه تنفيذًا لنص نظامي أو لأمر صدر إليه من رئيسه، متى كانت إطاعة هذا النص أو الأمر واجبة عليه، أو كان يعتقد لمبررات مقبولة أنها واجبة، وأثبت أنه كانت لديه أسباب معقولة جعلته يعتقد مشروعية العمل الذي أتاه، وأنه راعى في عمله جانب الحيطة والحذر.
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 126 explained in plain English
This article sets a special rule for a public employee who performs an act that harms another, and negates his liability if the following conditions are all met:
- He performed the act to carry out a statutory provision or an order issued to him by his superior.
- Obeying this provision or order was obligatory on him, or he believed for acceptable reasons that it was obligatory.
- He proves that he had reasonable grounds that led him to believe the act he did was lawful.
- He proves that he exercised caution and care in his work.
Note that the article places the burden of proof on the employee for the last two conditions by saying "and proved." The mere fact that an order came from the superior is therefore not enough; the employee must prove his reasonable belief in the lawfulness of the act and his exercise of caution and care.
The article concerns the employee's personal liability for his act and does not address the liability of the entity he works for, so no rule on that can be inferred from it.
This article is linked to Article 125, which negates liability if it is proven that the damage arose from a cause beyond the person's control, such as force majeure, the fault of another or the fault of the injured person. Article 127 deals with the case of multiple persons liable for a harmful act and their joint liability for compensation.
Anyone harmed by the act of a public employee, or an employee facing a compensation claim, should consider consulting a lawyer who specializes in administrative cases or in civil and compensation cases to assess whether these conditions are met.
Practical example
An employee of a municipality in one of the cities carried out a written order from his superior to remove a shop's advertising sign, and exercised caution and care in the removal. If he proves that he had reasonable grounds that led him to believe the removal was lawful and that obeying the order was obligatory on him, he is not personally liable for the damage suffered by the shop owner.
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 126 of the Saudi Civil Transactions Law
Is a government employee liable for damage if he carried out his superior's order?
He is not liable if obeying the order was obligatory on him or he believed for acceptable reasons that it was, and he proves that he had reasonable grounds to believe the act was lawful and that he exercised caution and care.
Is it enough for the employee to say he carried out orders?
No. The article requires him to prove that he had reasonable grounds that led him to believe the act was lawful and that he exercised caution and care.
Does the article cover an act the employee carries out to apply a statutory provision?
Yes. It covers an act performed to carry out a statutory provision or an order issued to him by his superior, under the same conditions.
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.