Article 218 of the Saudi Civil Transactions Law
المادة 218 من نظام المعاملات المدنية · الفرع الأول: تضامن الدائنين
The Article provides that solidarity among creditors does not prevent the debt from being divided among any creditor's heirs; solidarity passes to each heir in proportion to his share, except for an indivisible debt.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يحول تضامن الدائنين دون انقسام الدين بين ورثة أيٍّ منهم، وينتقل التضامن في الدين كله إلى كل وارث بقدر نصيبه من التركة، ما لم يكن الدين غير قابل للانقسام فينتقل التضامن إلى كل وارث في الدين كله.
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 218 explained in plain English
This Article deals with what happens when one of the joint creditors dies and his right passes to his heirs.
The rule: Solidarity among creditors does not prevent the debt from being divided among the heirs of any of them. An heir does not take the place of the deceased in his full capacity; rather:
- Solidarity in the whole debt passes to each heir in proportion to his share of the estate.
Each heir is thus jointly entitled together with the remaining creditors, but only within the limits of his share of the estate.
The exception: If the debt is indivisible, solidarity passes to each heir in the whole debt, not merely in proportion to his share. The reason is that the nature of this debt does not allow it to be divided among the heirs.
In this way the Article combines two things: respect for the inheritance rules that divide the deceased's rights among his heirs, and preservation of the nature of the obligation where it cannot be divided.
This Article forms part of the provisions on solidarity among creditors, and it is followed by Article 219, which treats a debt passing by inheritance to more than one heir as a shared debt.
This Article concerns heirs who find in the deceased's estate a right in which he had joint creditors as partners. To determine each heir's share or whether the debt is divisible, it is advisable to consult a lawyer specializing in civil cases, and a personal status lawyer as regards the shares of the estate.
Practical example
Abdullah was one of two joint creditors of a company in Riyadh for a sum of money. He died and left two sons with equal shares of the estate. Solidarity in the debt passes to each son in proportion to his share of the estate. Had the subject of the debt been something that cannot be divided, solidarity would have passed to each son in the whole debt.
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 218 of the Saudi Civil Transactions Law
Does solidarity pass to the heirs of a joint creditor?
Yes. Solidarity in the whole debt passes to each heir in proportion to his share of the estate.
Does an heir claim the whole debt or only his share?
In principle, in proportion to his share of the estate. If the debt is indivisible, solidarity passes to him in the whole debt.
Does solidarity prevent the debt from being divided among the heirs?
No. The Article provides that solidarity among creditors does not prevent the debt from being divided among the heirs of any of them.
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.