Article 154 of the Saudi Civil Transactions Law
المادة 154 من نظام المعاملات المدنية · الفرع الثاني: الفضالة
The article requires the volunteer agent to exercise the care of an ordinary person, makes him liable for damage arising from his fault, and allows the court to reduce compensation if there is a justification.
Official text (Arabic)
This article has not been amended since the law was issued.
يجب على الفضولي أن يبذل عناية الشخص المعتاد، ويكون مسؤولًا عن الضرر الناشئ عن خطئه، وللمحكمة أن تنقص التعويض إن وُجد مسوّغ لذلك.
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 154 explained in plain English
Article 154 sets the level of care required of the volunteer agent, who is one who handles another's affair without instruction from him. It contains three rules:
- The standard of care: the volunteer agent must exercise the care of an ordinary person, meaning the care that an average person would exercise in his circumstances, no more and no less.
- Liability for fault: the volunteer agent is liable for damage arising from his fault. If he makes a mistake and the beneficiary is harmed by that mistake, he must compensate.
- The court's power: the court may reduce the compensation if there is a justification for that. The article does not specify these justifications, so they are left to the court's assessment in each case.
This rule balances with the nature of voluntary agency: the volunteer agent usually intervenes to help another in an urgent matter, so he is not exempt from liability for his fault, but the Law gives the court flexibility in assessing compensation.
This article is linked to Article 153, which requires the volunteer agent to continue the work and notify the beneficiary, and to Article 155, which makes him liable for the acts of the person he entrusts with the work. To assess the volunteer agent's liability in a particular incident, you may consult a lawyer who specializes in civil and compensation cases.
Practical example
Majed intervened to rescue his neighbor's car from a flood in Abha by moving it to higher ground while the neighbor was away, but he drove it with obvious carelessness and hit a wall. Majed is liable for the damage arising from his fault, and the court may reduce the compensation if it sees a justification for that.
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 154 of the Saudi Civil Transactions Law
What level of care is required of the volunteer agent?
The care of an ordinary person, under the text of Article 154.
Does the volunteer agent compensate for the damage he caused?
Yes. He is liable for damage arising from his fault.
Can the compensation owed by the volunteer agent be reduced?
The court may reduce the compensation if there is a justification for that, although the article does not specify these justifications.
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.