Article 224 of the Saudi Civil Transactions Law
المادة 224 من نظام المعاملات المدنية · الفرع الثالث: تضامن المدينين
The Article provides that if one of the jointly liable debtors pays the debt, he and the other debtors are released toward the creditor.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا وفى أحد المدينين المتضامنين الدين برئت ذمته وذمة باقي المدينين.
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 224 explained in plain English
This Article states the effect of payment where debtors are jointly liable.
The rule: If one of the jointly liable debtors pays the debt, he and the other debtors are released.
This is logical, because under solidarity the debt is one, and the creditor may claim it from any of the debtors, as Article 225 provides. Once the creditor obtains his right from one of them, he may not claim the same debt from the others a second time.
But the release here is toward the creditor. The relationship among the debtors themselves after payment is governed by Article 234, which provides that one who paid more than his share has recourse against the others, each in proportion to his share, and the shares are equal unless there is an agreement or legal provision to the contrary, with special rules where one of them alone has the interest in the debt or where one of them is insolvent.
Note that the Article speaks of payment of the debt. As for the extinction of one debtor's share by other causes, such as set-off, merger of liabilities, or release, these have special rules in Articles 226, 227 and 228.
Solidarity itself arises only by agreement or legal provision (Article 222), and arises even if the descriptions of the debtors' debts differ (Article 223).
In practice: a debtor who has paid the entire debt should keep proof of payment, because he needs it to prove his release and to exercise his right of recourse against his partners. In case of dispute, it is advisable to consult a lawyer specializing in civil cases.
Practical example
Ahmed and his friend borrowed a sum from a person in Khobar, and the contract provided for their joint liability. Ahmed paid the full amount. He and his friend are released toward the creditor, and the creditor may not afterwards claim any of this debt from the friend.
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 224 of the Saudi Civil Transactions Law
If one jointly liable debtor pays the whole debt, are the others released?
Yes. If one of the jointly liable debtors pays the debt, he and the other debtors are released.
Can the one who paid the debt have recourse against his partners?
Article 234 governs recourse among the debtors: one who paid more than his share has recourse against each of the others in proportion to his share.
Can the creditor claim from the other debtor after payment?
No. The other debtors were released by the payment.
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.