Article 156 of the Saudi Civil Transactions Law
المادة 156 من نظام المعاملات المدنية · الفرع الثاني: الفضالة
Article 156 requires the unauthorized agent to return what he received because of the intervention and to give the beneficiary an account of what he did.
Official text (Arabic)
This article has not been amended since the law was issued.
يلتزم الفضولي برد ما حصل لديه بسبب الفضالة وبتقديم حسابٍ عما قام به للمنتفع.
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 156 explained in plain English
Article 156 sets out two financial and administrative duties of the unauthorized agent, meaning a person who takes charge of another person's affairs without being asked to:
- Returning what he received because of the intervention: everything that came into the agent's hands as a result of handling the beneficiary's affairs, such as sums he collected or items he took delivery of, must be returned to the beneficiary, because he acted for another person and not for himself.
- Giving an account of what he did: the agent must explain to the beneficiary the work he carried out, so that the person whose affairs were handled knows what happened.
These two duties provide transparency and protect the beneficiary from the agent profiting at his expense. In return, Article 157 grants the agent rights if he exercised the care of an ordinary person, including that the beneficiary reimburses the necessary and useful expenses that the circumstances justified and compensates him for the harm he suffered because of carrying out the work. For that reason, giving the account helps both sides determine what each is owed.
Article 155 also makes the agent responsible for the acts of anyone he entrusts with the work. Where there is a dispute over the account or over what must be returned, you may consult a lawyer specializing in civil and compensation cases.
Practical example
While Salman was traveling, his friend Naif sold a crop of dates belonging to Salman in Qassim that spoils quickly, before it went bad, and collected the price. Naif must return the price to Salman and give him an account explaining the work he did.
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 156 of the Saudi Civil Transactions Law
Can the unauthorized agent keep what he collected on behalf of someone else?
No. Article 156 requires him to return what he received because of the intervention.
Must the unauthorized agent provide a statement of what he did?
Yes. The agent must give the beneficiary an account of what he did.
Does the unauthorized agent have rights in return for these duties?
Yes. Article 157 grants rights to an agent who exercised the care of an ordinary person, including reimbursement of the necessary and useful expenses that the circumstances justified.
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.