Article 220 of the Saudi Civil Transactions Law
المادة 220 من نظام المعاملات المدنية · الفرع الثاني: الدين المشترك
The Article allows each partner in a shared debt to claim his share, and gives the others the right to share in what he collects, unless they leave to him what he collected.
Official text (Arabic)
This article has not been amended since the law was issued.
لكل من الشركاء في الدين المشترك المطالبة بقدر حصته فيه، ولباقي الشركاء أن يشاركوه فيما قبض بنسبة حصة كلٍّ منهم، ويتبَعُوا المدين بما بقي؛ ما لم يترك أحد الشركاء للقابض ما قبضه صراحةً أو ضمنًا على أن يتبع المدين بحصته، فليس له في هذه الحال أن يرجع على شريكه.
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 220 explained in plain English
This Article regulates how a shared debt is claimed and the consequences when one partner collects his share.
First: each partner's right to claim. Each partner in a shared debt may claim from the debtor only to the extent of his share, not the entire debt.
Second: the others' right to share. If one of the partners collects something, the other partners may:
- Share with him in what he collected, in proportion to each one's share.
- Then pursue the debtor for what remains of the debt.
What is collected counts as part of the shared debt, and the one who collected it does not keep it to himself if the others ask to share in it.
Third: the exception. If one of the partners leaves to the collecting partner what he collected, expressly or impliedly, on the basis that he will pursue the debtor for his own share, he may not afterwards have recourse against his collecting partner. That is, he chose to pursue the debtor himself instead of sharing with his partner.
This Article builds on the definition of the shared debt in Article 219, and is supplemented by Article 221, which sets out the rule on the collecting partner's disposal of what he collected or its loss in his hands.
These provisions especially concern heirs, since it often happens that one of them collects from the deceased's debtor and his siblings then ask to share in it. A partner should be aware that his express or implied consent to his partner keeping what he collected may cost him the right of recourse against him. In disputes about this, it is advisable to consult a lawyer specializing in civil cases.
Practical example
Three brothers inherited a debt owed by a person in Taif, each with an equal share. The eldest brother collected his share from the debtor. The other two brothers may share with him in what he collected in proportion to each one's share, and then pursue the debtor for the rest. But if one of them agreed that the eldest could keep what he collected while he himself pursued the debtor for his share, he may not afterwards have recourse against his brother.
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 220 of the Saudi Civil Transactions Law
Can one heir claim his share of an inherited debt on his own?
Yes. Each partner in a shared debt may claim to the extent of his share in it.
If my partner collects his share, can I share in it?
Yes. The other partners may share with him in what he collected in proportion to each one's share, and pursue the debtor for what remains.
When do I lose the right of recourse against my partner for what he collected?
If you leave to him, expressly or impliedly, what he collected, on the basis that you will pursue the debtor for your share.
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.