Article 236 of the Saudi Civil Transactions Law
المادة 236 من نظام المعاملات المدنية · الفرع الرابع: عدم قابلية الالتزام للانقسام
The Article provides that each debtor in an indivisible obligation is bound to perform it in full, and the one who performed has recourse against the others, each in proportion to his share.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا تعدد المدينون في التزام غير قابل للانقسام كان كل منهم ملزمًا بوفاء الدين كاملًا، وللمدين الذي وفى بالدين حق الرجوع على الباقين 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 236 explained in plain English
This Article states the effect of an obligation's indivisibility where there are multiple debtors.
First rule: If there are multiple debtors in an indivisible obligation, each of them is bound to pay the debt in full. None of them can say that he is bound only for his share, because the obligation itself does not admit performance in parts.
Second rule: The debtor who paid the debt has a right of recourse against the others, each in proportion to his share. Being bound to full performance toward the creditor does not mean that the one who performs bears the burden alone in the end.
An indivisible obligation, under Article 235, is one concerning a subject that by nature does not admit division, or one that the purpose intended by the contracting parties shows may not be performed in parts.
Note that this result resembles the effect of solidarity in that the creditor can obtain his full right from any debtor, but its source is different: solidarity among debtors arises only by agreement or legal provision (Article 222), whereas here the obligation to perform in full derives from the nature of the obligation itself.
This Article corresponds to Article 237, which deals with multiple creditors, or the creditor's heirs, in an indivisible obligation.
In practice: a person who shares with others in an indivisible obligation should know that he may be claimed to perform it in full, and that after performance he may have recourse against his fellow debtors. To calculate the shares in a particular case, it is advisable to consult a lawyer specializing in civil cases.
Practical example
Two brothers undertake to sell and deliver one car that they own to a buyer in Riyadh. Delivery is here an obligation that by nature does not admit division, so each of them is bound to deliver the whole car. If one of them alone bears the cost of performance, he may have recourse against his brother 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 236 of the Saudi Civil Transactions Law
Am I bound to perform the whole obligation if it is indivisible?
Yes. If there are multiple debtors in an indivisible obligation, each of them is bound to pay the debt in full.
Can the one who performed the whole obligation have recourse against his partners?
Yes. The debtor who paid the debt has a right of recourse against the others, each in proportion to his share.
What is the difference between this rule and solidarity?
Solidarity arises only by agreement or legal provision (Article 222), whereas here full performance results from the indivisibility of the obligation.
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.