Article 222 of the Saudi Civil Transactions Law
المادة 222 من نظام المعاملات المدنية · الفرع الثالث: تضامن المدينين
The Article provides that solidarity among debtors is not presumed and arises only by agreement or legal provision.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يكون التضامن بين المدينين إلا باتفاق 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 222 explained in plain English
This Article opens the provisions on solidarity among debtors, and sets the same rule that Article 212 set for creditors: solidarity is not presumed.
The rule: Solidarity among debtors arises only in one of two ways:
- Agreement: for example, where the contract expressly provides that the debtors are jointly liable for performance.
- Legal provision: where a law provides for solidarity in a particular case.
This rule is very important, because solidarity makes the debtors' liability heavier: under Article 225, the creditor may claim his debt from all the jointly liable debtors or some of them, and a claim against one does not prevent a claim against the others. Under Article 224, if one of the jointly liable debtors pays the debt, he and the others are released.
Because these consequences are heavy for a debtor, the Law makes them arise only from a clear intention or from a provision. If several persons are bound by a single debt without agreeing to solidarity and without a legal provision, each of them is not liable for the entire debt merely because they are bound together.
In practice: a creditor who wants to be able to claim the entire debt from any of the debtors should provide for solidarity in the contract. A person who signs an obligation together with others should read carefully whether the contract contains a solidarity clause. If in doubt, it is advisable to consult a lawyer specializing in civil cases.
Practical example
Three students lease an apartment in Riyadh under one contract, and the contract provides that they are jointly liable for paying the rent. Solidarity among them arises here by agreement. If the contract lacked this clause and no legal provision established it, they would not be jointly liable.
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 222 of the Saudi Civil Transactions Law
Is solidarity among debtors presumed?
No. Solidarity among debtors arises only by agreement or legal provision.
How is solidarity among debtors established?
By agreeing to it, for example by stating it in the contract, or by a legal provision that establishes it.
What is the effect of solidarity on a debtor?
Among its effects is that the creditor may claim the debt from all the jointly liable debtors or some of them, as Article 225 provides.
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.