Article 231 of the Saudi Civil Transactions Law
المادة 231 من نظام المعاملات المدنية · الفرع الثالث: تضامن المدينين
The Article provides that a jointly liable debtor answers in performing the obligation only for his own act, that a warning to him or a claim against him does not extend to the others, while his warning to the creditor benefits them.
Official text (Arabic)
This article has not been amended since the law was issued.
1- لا يكون المدين المتضامن مسؤولًا في تنفيذ الالتزام إلا عن فعله.
2- إذا أعذر الدائن المدين المتضامن أو طالبه قضاءً فلا أثر لذلك بالنسبة إلى باقي المدينين المتضامنين، أما إعذار أحد المدينين المتضامنين للدائن فإنه يفيد الباقين.
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 231 explained in plain English
This Article sets limits on what a jointly liable debtor bears of his fellow debtors' acts, and contains two rules:
1- Liability for one's own act: A jointly liable debtor is liable in performing the obligation only for his own act. Solidarity makes each debtor bound by the debt, but it does not make him liable for his fellow debtors' acts in performing the obligation.
2- Effect of warning and judicial claim: The Article distinguishes between two directions:
- If the creditor warns one of the jointly liable debtors or claims against him judicially, this has no effect as to the other jointly liable debtors. The creditor must take these steps against each debtor on whom he wants their effect.
- But if one of the jointly liable debtors warns the creditor, this benefits the others.
The logic here is that what harms the debtors stays confined to the one to whom it is directed, whereas what benefits them extends to all.
This is consistent with Article 230, which prevents the creditor from relying on the suspension or interruption of lapse of time as to one debtor against the others, and with Article 232, under which a settlement concluded by one of the jointly liable debtors does not take effect against the others if it imposes a new obligation or an increase on them except with their approval.
In practice: a creditor who wants the effects of a warning or claim to arise against several debtors should direct it to each of them. To assess this in a particular case, it is advisable to consult a lawyer specializing in civil cases.
Practical example
A company in Jeddah agreed with two jointly liable contractors to carry out works. The company sent a warning to only one of the contractors. That warning has no effect as to the other contractor, and each of them is answerable in performing the obligation only for his own act.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 231 of Civil Transactions Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Civil Litigation & Compensation lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Civil Litigation & Compensation lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributor
Unwan Law Firm
Frequently asked questions about Article 231 of the Saudi Civil Transactions Law
Am I liable for my co-debtor's act in performing the obligation?
No. A jointly liable debtor is liable in performing the obligation only for his own act.
If the creditor warns one jointly liable debtor, does the warning apply to the others?
No. The creditor's warning to one of the debtors, or his judicial claim against him, has no effect as to the others.
Does one debtor's warning to the creditor benefit the other debtors?
Yes. A warning by one of the jointly liable debtors to the creditor benefits the others.
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.