Article 153 of the Saudi Civil Transactions Law
المادة 153 من نظام المعاملات المدنية · الفرع الثاني: الفضالة
The article requires the volunteer agent to continue the work he began until the beneficiary can take it over himself, and to notify him of his intervention as soon as he is able.
Official text (Arabic)
This article has not been amended since the law was issued.
يجب على الفضولي أن يمضي في العمل الذي بدأه إلى أن يتمكن المنتفع من مباشرته بنفسه، ويجب عليه أن يُعلم المنتفع بتدخله فور استطاعته.
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 153 explained in plain English
A volunteer agent is one who handles another's affair without instruction from him. Some may think that someone who volunteered for work can stop whenever he likes, but Article 153 imposes two obligations on him once he begins:
- Continuing the work he began until the beneficiary can take it over himself. He may not leave the work half done in a way that may harm the beneficiary, but must continue until the owner of the affair is able to take charge of it.
- Notifying the beneficiary of his intervention as soon as he is able, so that the owner of the affair knows what happened and decides what he sees fit.
The reasoning is that intervening in another's affair, even with good intentions, may harm the owner of the affair if the agent stops suddenly or the intervention remains unknown to him. Notification allows the beneficiary to approve what the volunteer agent did, in which case the rules of agency apply under Article 152.
Article 154 also requires the volunteer agent to exercise the care of an ordinary person and makes him liable for damage arising from his fault. Anyone who intervenes in another's affair should therefore understand that his intervention creates obligations for him. In a dispute over the extent of the volunteer agent's obligations, you may consult a lawyer who specializes in civil and compensation cases.
Practical example
Fahd noticed that water had begun leaking from the roof of his neighbor's shop in Riyadh while the neighbor was away, so he began covering and moving the goods. Fahd may not leave the work half done, but must continue until his neighbor can take over the matter, and he must contact his neighbor and tell him what he did as soon as possible.
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 153 of the Saudi Civil Transactions Law
May the volunteer agent stop work after he has begun it?
Article 153 requires the volunteer agent to continue the work he began until the beneficiary can take it over himself.
When must the volunteer agent notify the owner of the affair?
He must notify the beneficiary of his intervention as soon as he is able.
Is the volunteer agent liable for his mistakes?
Yes. Article 154 provides that he is liable for damage arising from his fault, and that the court may reduce the compensation if there is a justification.
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.