Article 150 of the Saudi Civil Transactions Law
المادة 150 من نظام المعاملات المدنية · الفرع الثاني: الفضالة
Voluntary agency (fudala) is where a person intentionally undertakes an urgent matter for another without being obliged to do so.
Official text (Arabic)
This article has not been amended since the law was issued.
الفضالة أن يتولى شخص عن قصدٍ القيام بشأن عاجل لحساب شخص آخر، دون أن يكون ملزمًا بذلك.
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 150 explained in plain English
This article defines voluntary agency (fudala). The volunteer agent is a person who takes charge of a matter belonging to another without being required to do so.
According to the definition, voluntary agency exists only when the following elements come together:
- Intent: the person undertakes the matter intentionally, meaning with the aim of doing it for another's benefit.
- An urgent matter: the matter he undertook must be urgent.
- For another person's account: the act must be for the benefit of someone else.
- No obligation: he must not be obliged to do it, whether by contract or otherwise.
If one of these elements is missing, for example the matter is not urgent, or the person is obliged to do it, it does not fall within the definition of voluntary agency in this article.
This article is a definition, so it does not itself set out the volunteer agent's rights or obligations, and no detail on that can be inferred from it.
This article is linked to Article 151, which provides that voluntary agency exists even if the volunteer agent, while handling his own affair, handled the affair of another, because of a link between the two affairs that prevents doing one separately from the other. It is also linked to Article 149 on someone who received what was not due and lacks capacity to contract.
To know whether a particular act counts as voluntary agency, consider consulting a lawyer who specializes in civil and compensation cases.
Practical example
Khaled's neighbor in Khobar was traveling when a water pipe burst in his home and water began leaking. Khaled called a plumber to stop the leak, intentionally and for his neighbor's benefit, without being obliged to. This act falls within the definition of voluntary agency because it is an urgent matter he undertook for another.
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 150 of the Saudi Civil Transactions Law
What does voluntary agency (fudala) mean?
A person intentionally undertakes an urgent matter for another without being obliged to do so.
Does it count as voluntary agency if the matter is not urgent?
The definition in the article requires that the matter be urgent.
Is someone a volunteer agent if he was obliged to do the work?
No. The definition requires that the person not be obliged to undertake that matter.
More articles on Unjust Enrichment
- Article 144
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.
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
- 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.
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.