Article 223 of the Saudi Civil Transactions Law
المادة 223 من نظام المعاملات المدنية · الفرع الثالث: تضامن المدينين
The Article provides that solidarity among debtors arises even if the descriptions of their debts differ, such as where the debt of some is deferred or conditional and the debt of others is immediate.
Official text (Arabic)
This article has not been amended since the law was issued.
يتحقق التضامن بين المدينين ولو كان دين بعضهم مؤجلًا أو معلقًا على شرطٍ أو مرتبطًا بأي وصف مؤثرٍ فيه، وكان دين الآخرين منجزًا أو خاليًا من ذلك الوصف.
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 223 explained in plain English
This Article clarifies that solidarity among debtors does not require their debts to have identical descriptions.
The rule: Solidarity arises among debtors even if the debt of some of them is:
- Deferred, meaning it does not fall due until after a period.
- Or subject to a condition.
- Or tied to any description that affects it.
while the debt of the others is immediate, meaning due now and unconditional, or free of that description.
Solidarity concerns the unity of the debt and the creditor's right to claim it from any of the debtors, and it is not prevented by the position of each debtor in his relationship with the creditor being different.
The importance of this rule appears in light of Article 225, which allows the creditor to claim from all the jointly liable debtors or some of them, but requires him to take into account in his claim any description affecting the debt in his relationship with each debtor. If the debt of one of the debtors is deferred, for example, the creditor takes that description into account when claiming from that debtor, without this canceling the solidarity itself.
Solidarity itself arises only by agreement or legal provision, as Article 222 provides. This Article does not create solidarity; it confirms that a difference in descriptions does not prevent it from arising once its source exists.
For anyone drafting a contract with several debtors under different conditions or terms, it is advisable to consult a lawyer specializing in civil cases to get the drafting right.
Practical example
Two merchants agree with a supplier in Jeddah that they will be jointly liable for the price of goods, with the first merchant's debt being immediate and the second's deferred for six months. Solidarity arises between them despite the difference in term, and when claiming from the second, the supplier takes into account that his debt is deferred.
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 223 of the Saudi Civil Transactions Law
Is solidarity valid if one debtor's debt is deferred?
Yes. Solidarity arises even if the debt of some of them is deferred and the debt of the others is immediate.
Does a condition on one debtor's debt prevent solidarity?
No. The Article provides that solidarity arises even if the debt of some of them is conditional.
How does the creditor claim from debtors whose debts have different descriptions?
Article 225 requires him to take into account in his claim any description affecting the debt in his relationship with each 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.