Article 13 of the Saudi Civil Transactions Law

المادة 13 من نظام المعاملات المدنية · الفرع الأول: الشخص ذو الصفة الطبيعية

The article defines a person lacking capacity as one who lacks discernment because of young age or insanity, and provides that a person who has not completed seven years of age is not considered to have discernment.

Official text (Arabic)

This article has not been amended since the law was issued.

1- عديم الأهلية هو كل شخص فاقدٍ للتمييز لصغرٍ في السن أو لجنون.

2- لا يعدُّ مميزًا من لم يتم (السابعة) من عمره.

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 13 explained in plain English

This article specifies who is a person lacking capacity, which is the lowest level of capacity in the Law.

The definition: A person lacking capacity is any person who lacks discernment, and the lack of discernment is due to one of two causes:

Young age.
Insanity.

The age of discernment: Paragraph 2 provides that a person who has not completed seven years of age is not considered to have discernment. A child before the completion of seven years therefore lacks discernment because of young age, and so lacks capacity. An insane person is considered to lack capacity because of insanity, whatever his age.

Its place among the levels of capacity:

Article 12 defines a person with full capacity as one who has reached the age of majority, which is the completion of eighteen Hijri years, enjoys his mental faculties and is not under interdiction.
Article 14 lists persons with limited capacity, among them the minor who has reached the age of discernment but not the age of majority, the person of deficient mind, and the person under interdiction for prodigality or heedlessness.

This article did not set out in detail the rules on the acts of a person lacking capacity, so they are found in the provisions that regulate them. A person who deals with someone who may lack capacity, or who manages his affairs, would do well to consult a lawyer who specializes in personal status.

Practical example

A six-year-old child in Taif has not yet completed seven years. Under this article he is not considered to have discernment, so he lacks capacity because of his young age. Likewise, an adult man afflicted with insanity is considered to lack capacity because of his loss of discernment due to insanity, even though he is past the age of majority.

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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