Article 233 of the Saudi Civil Transactions Law
المادة 233 من نظام المعاملات المدنية · الفرع الثالث: تضامن المدينين
The Article provides that one jointly liable debtor's acknowledgment does not apply to the others, and states when the tendering of an oath to or by him harms or benefits them.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يسري إقرار أحد المدينين المتضامنين بما عليه من الدين في حق باقي المدينين المتضامنين، ولا يضار باقي المدينين المتضامنين إذا وجه إليه الدائن يمينًا فنكل عنها أو وجهها إلى الدائن فحلفها، أما إذا وجه إليه الدائن يمينًا فحلفها فإن باقي المدينين يفيدون من ذلك.
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 233 explained in plain English
This Article addresses the effect on the remaining debtors of acknowledgment and oath made by or relating to one of the jointly liable debtors.
1- Acknowledgment: The acknowledgment by one of the jointly liable debtors of what he owes of the debt does not apply against the other jointly liable debtors. His acknowledgment is evidence against him, and does not bind his fellow debtors.
2- Oath: The Article distinguishes between several forms:
- If the creditor tenders the oath to one of the debtors and he refuses it, meaning he declines to swear it, the other debtors are not harmed by that.
- If the debtor tenders the oath to the creditor and the creditor swears it, the other debtors are likewise not harmed.
- But if the creditor tenders the oath to one of the debtors and he swears it, the other debtors benefit from that.
The rule that unites these provisions is: what harms the debtors in the acts of one of them or in what comes from him does not extend to them, and what benefits them benefits them all.
This is consistent with Article 232, under which a settlement by one of the debtors does not take effect against the others if it imposes on them a new obligation or an increase except with their approval, and with Article 231, which confines the effect of the creditor's warning to one of the debtors to him.
These matters relate to evidence, and to assess their effect in a particular dispute it is advisable to consult a lawyer specializing in civil cases.
Practical example
Salem and Nasser are jointly liable debtors to a merchant in Dammam. Salem acknowledged the whole debt, but his acknowledgment does not apply against Nasser. If the merchant tendered the oath to Salem and he swore it, Nasser would benefit from that. If Salem refused the oath, Nasser is not harmed by his refusal.
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 233 of the Saudi Civil Transactions Law
Am I bound by my co-debtor's acknowledgment of the debt?
No. The acknowledgment by one of the jointly liable debtors of what he owes of the debt does not apply against the others.
If one debtor refuses to swear an oath, are the others harmed?
No. The other debtors are not harmed if the creditor tenders the oath to one of them and he refuses it.
When do the other debtors benefit from an oath?
If the creditor tenders the oath to one of the debtors and he swears it, the others benefit from that.
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.