Article 228 of the Saudi Civil Transactions Law
المادة 228 من نظام المعاملات المدنية · الفرع الثالث: تضامن المدينين
The Article distinguishes between a creditor releasing one jointly liable debtor from the debt only, from solidarity only, or absolutely, and states the effect of each case.
Official text (Arabic)
This article has not been amended since the law was issued.
1- إذا أبرأ الدائن أحد المدينين المتضامنين من الدين فقط برئت ذمته وذمة الباقين بقدر حصته وبقي تضامنه.
2- إذا أبرأ الدائن أحد المدينين المتضامنين من التضامن فقط بقي دينه في ذمته وامتنعت مطالبة الدائن له بحصة الآخرين، وللمدينين الرجوع عليه بما يدفعونه عنه بحكم التضامن بينهم.
3- إذا أبرأ الدائن أحد المدينين المتضامنين من الدين بصورةٍ مطلقةٍ، انصرف الإبراء إلى الدين والتضامن معًا؛ ما لم يتبين من دلالة الحال أو من طبيعة التعامل أن الإبراء ينصرف إلى أحدهما.
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 228 explained in plain English
This Article regulates the creditor's release of one of the jointly liable debtors, and distinguishes between three forms:
1- Release from the debt only: The released debtor is discharged, and the others are discharged to the extent of his share, while his solidarity remains. The others are claimed from only for what exceeds the released debtor's share.
2- Release from solidarity only: The released debtor's debt remains owed by him, but the creditor may not claim from him the shares of the others. The other debtors may have recourse against him for what they pay on his behalf by virtue of the solidarity among them.
3- Absolute release: If the creditor releases one of the jointly liable debtors from the debt in absolute terms without specification, the release applies to both the debt and the solidarity, unless the circumstances or the nature of the dealing show that the release applies to only one of them.
These forms show the importance of precise drafting of any release or discharge. A creditor who wishes to keep his right to claim the debtor's own share while relieving him of solidarity, or the reverse, must state this expressly, because an absolute release in principle applies to both.
Article 229 completes this rule by stating the right of the other debtors to have recourse against the released debtor for his share in the portion of any of them who is insolvent, and who bears that share if the creditor releases the released debtor from all liability.
To draft a discharge or release in a debt with joint liability, it is advisable to consult a lawyer specializing in civil cases.
Practical example
Three brothers are jointly liable debtors to a company in Riyadh for SAR 90,000, with each having a share of SAR 30,000. The company released one of them from solidarity only. His debt of SAR 30,000 remains owed by him, and the company does not claim from him the shares of his two brothers. If the two brothers pay anything on his behalf by virtue of the solidarity between them, they may have recourse against him for it.
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 228 of the Saudi Civil Transactions Law
What is the effect of releasing one jointly liable debtor from the debt only?
He is discharged, and the others are discharged to the extent of his share, while his solidarity remains.
What does release from solidarity only mean?
The released debtor's debt remains owed by him, the creditor may not claim from him the shares of the others, and the debtors may have recourse against him for what they pay on his behalf by virtue of the solidarity.
If the creditor released me without specifying, what was I released from?
An absolute release applies to both the debt and the solidarity, unless the circumstances or the nature of the dealing show that it applies to only one 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.