Article 212 of the Saudi Civil Transactions Law
المادة 212 من نظام المعاملات المدنية · الفرع الأول: تضامن الدائنين
The article provides that joint and several liability among creditors is not presumed and arises only by agreement or statutory provision.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يكون التضامن بين الدائنين إلا باتفاقٍ أو بنص نظامي.
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 212 explained in plain English
This article opens the rules on solidarity among creditors (joint and several creditors) and sets a basic rule: solidarity among creditors is not presumed.
Solidarity among creditors means that each of several creditors has the right to demand the whole debt from the debtor, as Article 213 explains in allowing joint creditors, together or individually, to demand the whole debt from the debtor.
Because this situation is exceptional and changes the general rule under which each creditor claims his own right, the article limits the source of solidarity to only two things:
- Agreement: for example, the contract expressly provides that the creditors are in solidarity.
- Statutory provision: that is, a law provides for solidarity in a particular case.
If there is neither an agreement nor a statutory provision, creditors are not in solidarity merely because the debt is the same or they share an interest. Anyone who wants each creditor to have the right to demand the whole debt must therefore state this clearly in the contract.
In practice, this article matters to partners, heirs and holders of joint rights when drafting contracts, and also to the debtor, because he is not bound to treat any creditor as entitled to the whole debt unless solidarity is established by agreement or provision. Where there is doubt whether solidarity exists, it is advisable to consult a lawyer specializing in civil cases.
Practical example
Two brothers sold land they jointly own to a company in Jeddah, and the contract did not provide for any solidarity between them in collecting the price, and no statutory provision provides for it. In this case the brothers are not joint creditors, because solidarity among creditors arises only by agreement or by statutory provision.
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 212 of the Saudi Civil Transactions Law
Is solidarity among creditors presumed?
No. The article provides that solidarity among creditors arises only by agreement or by statutory provision.
How do creditors become joint and several?
Either by agreeing to it, such as stating it in the contract, or by a statutory provision that provides for it.
What is the effect of solidarity among creditors?
Article 213 allows joint creditors, together or individually, to demand the whole debt from the debtor.
More articles on Condition, Term and Joint Liability
- Article 127
If several persons are liable for a harmful act, they are jointly liable for compensation, the court sets each one's share, and if that is not possible, liability is divided equally.
إذا تعدد المسؤولون عن فعل ضار كانوا متضامنين في التزامهم بتعويض الضرر، وتعين المحكمة نصيب كل منهم في التعويض وفق القواعد الواردة في هذا الفصل، وإذا تعذر ذلك كان
- Article 197
The article defines a conditional obligation as one whose existence or disappearance depends on a future event that may or may not occur.
يكون الالتزام معلَّقًا على شرطٍ إذا كان وجوده أو زواله مترتِّبًا على أمرٍ مستقبلٍ محتمل الوقوع.
- Article 198
The article provides that an obligation made conditional on an event that has occurred is treated as immediate, and one made conditional on something impossible has a void condition and is itself void.
إذا علق الالتزام على أمر واقع عد الالتزام ناجزًا، وإذا علق على أمر مستحيل عد الشرط باطلًا، ويبطل الالتزام الذي علق عليه.
- Article 199
The article provides that an obligation does not arise if it is made conditional on a condition whose purpose is to encourage something unlawful.
لا ينشأ الالتزام إذا عُلق على شرطٍ يكون القصد من التعليق عليه الحض على أمر غير مشروع.
- Article 200
The article provides that an obligation does not exist if it is made conditional on a suspensive condition making its existence depend on the mere will of the obligor.
لا يكون الالتزام قائمًا إذا علق على شرط واقف يجعل وجود الالتزام متوقفًا على محض إرادة الملتزم.
- Article 201
The article provides that an obligation subject to a suspensive condition is not enforceable unless the condition is fulfilled and cannot be performed before then, while the creditor may take steps to preserve his right.
لا يكون الالتزام المعلق على شرط واقف نافذًا إلا إذا تحقق الشرط المعلق عليه، ولا يكون الالتزام قبل تحقق الشرط قابلًا للتنفيذ، وللدائن أن يتخذ من الإجراءات ما يُح
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.