Article 230 of the Saudi Civil Transactions Law
المادة 230 من نظام المعاملات المدنية · الفرع الثالث: تضامن المدينين
The Article provides that non-hearing of a claim due to lapse of time as to one jointly liable debtor benefits the others only to the extent of his share, and that suspension or interruption of the period for one cannot be asserted against the others.
Official text (Arabic)
This article has not been amended since the law was issued.
1- لا يفيد عدم سماع الدعوى لمرور الزمن بالنسبة إلى أحد المدينين المتضامنين باقي المدينين إلا بقدر حصة ذلك المدين.
2- ليس للدائن أن يتمسك بوقف سريان مرور الزمن أو انقطاعه بالنسبة إلى أحد المدينين المتضامنين في مواجهة 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 230 explained in plain English
This Article addresses the effect of lapse of time (non-hearing of a claim) where debtors are jointly liable, and contains two rules:
1- Completion of lapse of time as to one debtor: If a claim can no longer be heard due to lapse of time as to one of the jointly liable debtors, this benefits the other debtors only to the extent of that debtor's share. His share of the debt is deducted when the others are claimed from, and the remainder stays recoverable as long as the claim can be heard against them.
2- Suspension or interruption of lapse of time: The creditor may not rely on the suspension or interruption of the running of the period as to one of the jointly liable debtors against the other debtors. What suspends or interrupts the period as to a particular debtor has its effect confined to him and does not extend to the others.
This Article does not set the lapse-of-time periods or the causes of their suspension or interruption; it does not address them. Its role here is to state how the effects of lapse of time are distributed among jointly liable debtors.
This rule is consistent with the logic of the preceding Articles, such as Article 226 on set-off and Article 227 on merger of liabilities, where a cause specific to one debtor benefits the others only to the extent of his share. It is also consistent with Article 231, which provides that the creditor's warning to one of the jointly liable debtors, or his judicial claim against him, has no effect as to the others.
In practice: a creditor who wants to preserve his right against all the jointly liable debtors should track the position of each debtor separately. To calculate the periods in a particular case, it is advisable to consult a lawyer specializing in civil cases.
Practical example
A creditor in Riyadh is owed a debt by two jointly liable debtors. The creditor took a step that interrupted the lapse of time as to only one of them. The creditor may not rely on that interruption against the other debtor, so if lapse of time is completed in the other debtor's case, the interruption of the period in his colleague's case cannot be asserted against him.
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 230 of the Saudi Civil Transactions Law
If lapse of time is completed for one jointly liable debtor, do the others benefit?
They benefit only to the extent of that debtor's share.
Does interruption of lapse of time for one debtor apply to the others?
No. The creditor may not rely on the suspension or interruption of lapse of time as to one of the debtors against the others.
Does this Article set the lapse-of-time periods?
No. It only states the effect of lapse of time and of its suspension and interruption among jointly liable debtors.
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.