Article 144 of the Saudi Civil Transactions Law
المادة 144 من نظام المعاملات المدنية · الفصل الرابع: الإثراء بلا سبب
Anyone, even without discernment, who is enriched without lawful cause at another's expense must compensate him for his loss to the extent of his enrichment, and the obligation remains even if the enrichment later disappears.
Official text (Arabic)
This article has not been amended since the law was issued.
كل شخص -ولو غير مميز- يثري دون سبب مشروع على حساب شخص آخر يلزمه في حدود ما أثرى به تعويض هذا الشخص عما لحقه من خسارة، ويبقى هذا الالتزام قائمًا ولو زال الإثراء فيما بعد.
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 144 explained in plain English
This article sets the general rule on unjust enrichment, which is that whoever is enriched at another's expense without a lawful cause is obliged to compensate him.
The elements of this rule as stated in the text are:
- A person's enrichment, meaning he obtained a benefit or an increase in his property.
- The enrichment is at the expense of another person who suffered a loss.
- It is without a lawful cause.
Its effect is that the enriched person is obliged to compensate the other person for the loss he suffered, but to the extent of his enrichment. The compensation here is thus subject to two limits: what the impoverished person lost, and what the enriched person gained.
The article adds two important rules:
- The enriched person is bound by this even if he lacks discernment.
- The obligation remains even if the enrichment later disappears.
This article is linked to Article 145, which requires whoever received in payment what he was not entitled to to return it, unless the person who paid knew he was paying what was not due, unless he was of limited capacity or under compulsion. It is also linked to Article 143 on the period for hearing a compensation claim arising from a harmful act.
Anyone who believes another has been enriched at his expense without lawful cause should consider consulting a lawyer who specializes in civil and compensation cases.
Practical example
Omar mistakenly built an extension on a neighboring plot owned by his neighbor in Hail, thinking it was part of his own land, and the value of the neighbor's land increased without lawful cause. The neighbor is obliged to compensate Omar for the loss he suffered to the extent of his enrichment.
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 144 of the Saudi Civil Transactions Law
What is meant by unjust enrichment?
That a person is enriched without lawful cause at another person's expense, so he must compensate that person for the loss he suffered to the extent of his enrichment.
Must someone without discernment return what he was enriched by?
Yes. The article provides that the rule covers any person, even one without discernment.
If the benefit disappears from the enriched person, does his obligation lapse?
No. The obligation remains even if the enrichment later disappears.
More articles on Unjust Enrichment
- Article 145
Whoever received in payment what he was not entitled to must return it, unless the payer knew he was paying what was not due, unless he was of limited capacity or under compulsion.
1- كل من تسلَّم على سبيل الوفاء ما ليس مستحقًّا له وجب عليه ردُّه. 2- لا محلَّ للرد إذا كان من قام بالوفاء يعلم أنه يدفع ما ليس مستحقًا، إلا أن يكون ناقص الأهلي
- Article 146
Recovery of what was not due is valid if the payment was made in performance of an obligation whose cause did not materialize or ceased after materializing, or of an obligation not yet due where the payer was unaware of the term.
يصح استرداد غير المستحق إذا كان الوفاء تنفيذًا لالتزامٍ لم يتحقَّق سببه أو زال بعد تحقُّقه، أو كان الوفاء تنفيذًا لالتزامٍ لم يحل أجله وكان الموفي جاهلًا قيام ا
- Article 147
What a non-debtor paid cannot be recovered if, as a result, a good-faith creditor lost the debt instrument or its guarantees or abandoned his claim until its period expired, and the payer may have recourse against the original debtor.
لا محل لاسترداد غير المستحق إذا حصل الوفاء من غير المدين وترتب عليه أن الدائن وهو حسن النية قد تجرد من سند الدين أو مما حصل عليه من الضمانات أو ترك دعواه قِبَل
- Article 148
A good-faith recipient of what was not due returns only what he received; a bad-faith recipient returns what he received plus the fruits he collected or failed to collect, from the day he became in bad faith.
إذا كان من تسلَّم غير المستحق حسن النيَّة فلا يُلزم بأن يرد إلا ما تسلَّم، وإذا كان سيء النيَّة فإنه يُلزم بردِّ ما تسلَّم وثماره التي قبضها والتي قصَّر في قبضه
- Article 149
Whoever received what was not due and lacks capacity to contract is bound only to the extent he was enriched.
إذا لم تتوفر أهلية التعاقد فيمن تسلَّم غير المستحق فلا يكون مُلزمًا إلا بالقدر الذي أثرى به.
- Article 150
Voluntary agency (fudala) is where a person intentionally undertakes an urgent matter for another without being obliged to do so.
الفضالة أن يتولى شخص عن قصدٍ القيام بشأن عاجل لحساب شخص آخر، دون أن يكون ملزمًا بذلك.
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.