Article 128 of the Saudi Civil Transactions Law
المادة 128 من نظام المعاملات المدنية · الفرع الأول: مسؤولية الشخص عن فعله
If the injured person contributed by his fault to causing or increasing the damage, his right to compensation, in whole or in part, lapses in proportion to his contribution.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا اشترك المتضرر بخطئه في إحداث الضرر أو زاد فيه، سقط حقه أو بعض حقه في التعويض، وذلك بنسبة اشتراكه فيه.
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 128 explained in plain English
This article deals with shared fault, meaning where the injured person himself contributed by his fault to the occurrence of the damage that befell him.
The article covers two situations:
- The injured person contributes by his fault to causing the damage.
- His fault increased the damage.
The rule in both situations is that the injured person's right to compensation lapses in whole or in part, in proportion to his contribution to the damage. How much of his right lapses is thus tied to the extent of his contribution to the damage, and it may be a lapse of the whole right or part of it.
The purpose of the article is that the person liable should not bear the burden of damage that the injured person himself helped to cause or enlarge.
This article is linked to Article 127, which deals with multiple persons liable for a harmful act and their joint liability for compensation, with the court setting each one's share. The difference is that Article 128 concerns the contribution of the injured person himself, not the contribution of other persons liable.
Determining the proportion of the injured person's contribution depends on the facts of each case, so consider consulting a lawyer who specializes in civil and compensation cases when there is a dispute over the distribution of fault.
Practical example
Majed crossed a street in Jeddah away from the designated pedestrian crossing, and a car traveling at excessive speed hit him. If it is proven that Majed's fault contributed to causing the damage, part of his right to compensation lapses in proportion to his contribution to the accident.
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 128 of the Saudi Civil Transactions Law
Is compensation reduced if I was partly at fault?
Yes. If the injured person contributed by his fault to causing or increasing the damage, his right or part of his right to compensation lapses in proportion to his contribution.
Can the injured person's right to compensation lapse entirely?
The article provides that his right or part of his right lapses according to the proportion of his contribution to the damage.
What if I did not cause the accident but my conduct increased the damage?
The article covers the case where the injured person increased the damage by his fault, and part of his right lapses in proportion to his contribution.
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.