Article 234 of the Saudi Civil Transactions Law
المادة 234 من نظام المعاملات المدنية · الفرع الثالث: تضامن المدينين
The Article regulates the recourse of a jointly liable debtor who paid more than his share against his co-debtors, makes the shares equal in principle, and states who bears the insolvency of one of them.
Official text (Arabic)
This article has not been amended since the law was issued.
1- إذا وفى أحد المدينين المتضامنين أكثر من حصته في الدين فليس له أن يرجع فيما زاد على حصته على أي من الباقين إلا بقدر حصته، ولو كان الموفي قد رجع عليهم بحلوله محل الدائن.
2- تكون حصص المدينين المتضامنين فيما يرجع به بعضهم على بعض متساوية ما لم يوجد اتفاق أو نص نظامي بخلاف ذلك. وإذا كان أحدهم هو وحده صاحب المصلحة في الدين فهو الذي يتحمل الدين كله تجاههم.
3- إذا تبين أن أحد المدينين المتضامنين معسر تحمل المدين الذي وفَّى الدين مع الموسرين من المدينين المتضامنين تبعة هذا الإعسار؛ كل بقدر حصته.
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 234 explained in plain English
This Article regulates the internal relationship between jointly liable debtors after one of them pays the debt or a part exceeding his share. It contains three rules:
1- Recourse in proportion to shares: If one of the jointly liable debtors pays more than his share, he may have recourse for the excess against any of the others only to the extent of that debtor's share. This limit applies even if he has recourse against them by subrogation to the creditor's place.
2- Amount of the shares: The shares of the jointly liable debtors in what they recover from one another are equal, unless there is an agreement or legal provision to the contrary. But if one of them is the only one with an interest in the debt, he bears the entire debt toward them.
3- Insolvency of one of the debtors: If it turns out that one of the jointly liable debtors is insolvent, the debtor who paid the debt bears, together with the solvent jointly liable debtors, the burden of this insolvency, each in proportion to his share.
This Article supplements Article 224, which releases everyone toward the creditor by one debtor's payment, as it determines how the burden is then distributed among them. It is connected with Article 229, which states the rule on the share of the debtor whom the creditor released in the portion of the insolvent debtor.
In practice: one who pays the shared debt should keep proof of payment, and should know that he claims from each co-debtor only his share, not the whole amount. It is useful for the debtors to specify each one's share in their agreement if they want something other than equality. In case of dispute, it is advisable to consult a lawyer specializing in civil cases.
Practical example
Three friends borrowed SAR 90,000 jointly and severally for a joint project in Riyadh, and did not agree on different shares. One of them repaid the whole amount. He has recourse against each of his two friends for his share, which is SAR 30,000. If it turns out that one of them is insolvent, the one who paid and the solvent friend bear the burden of this insolvency, each in proportion to his share.
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 234 of the Saudi Civil Transactions Law
If I paid the whole joint debt, can I claim the rest from one of my partners?
No. You have recourse against each of the others only to the extent of his share, even if you have recourse against them by subrogation to the creditor's place.
How are the shares of jointly liable debtors calculated?
They are equal unless there is an agreement or legal provision to the contrary, and if one of them alone has the interest in the debt, he bears the entire debt toward them.
Who bears the share of an insolvent debtor?
The debtor who paid the debt bears it together with the solvent jointly liable debtors, each in proportion to his share.
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.