Article 136 of the Saudi Civil Transactions Law
المادة 136 من نظام المعاملات المدنية · الفرع الرابع: التعويض عن الضرر
Compensation is whatever fully redresses the damage, by returning the injured person to the position he was in, or could have been in, but for the damage.
Official text (Arabic)
This article has not been amended since the law was issued.
يكون التعويض بما يجبر الضرر كاملًا؛ وذلك بإعادة المتضرر إلى الوضع الذي كان فيه أو كان من الممكن أن يكون فيه لولا وقوع الضرر.
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 136 explained in plain English
This article sets the basic principle on the amount of compensation, which is that compensation must be whatever fully redresses the damage.
The article defines the standard of full redress as returning the injured person to one of two positions:
- The position he was in before the damage occurred.
- Or the position he could have been in but for the damage.
The second formulation is important, because it means compensation looks not only at what the injured person had, but also at what he would have reached had the damage not occurred. The aim is that the effect of the damage be erased as far as possible, so that the injured person is not left worse off because of it.
This article is linked to Article 137, which details the elements of damage that is compensated: the loss that befell the injured person and the gain he missed, provided that is a natural result of the harmful act, and it is regarded as such if the injured person could not have avoided it by making the reasonable effort that the circumstances call for from an ordinary person. It is also linked to Article 135 on harm arising from the use of public utilities.
Assessing what fully redresses the damage in a particular case depends on the facts and evidence, so consider using a lawyer who specializes in civil and compensation cases when making a claim.
Practical example
A driver hit a small sweets shop in Buraidah and damaged its front. The compensation the shop owner is entitled to is whatever fully redresses the damage, meaning what returns him to the position he was in before the accident or would have been in but for it.
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 136 of the Saudi Civil Transactions Law
Is compensation for the whole damage?
Yes. The article provides that compensation is whatever fully redresses the damage.
What is meant by fully redressing the damage?
Returning the injured person to the position he was in, or could have been in, but for the damage.
Is what the injured person would have obtained but for the damage taken into account?
Yes. The article includes returning him to the position he could have been in but for the damage.
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.