Article 261 of the Saudi Civil Transactions Law
المادة 261 من نظام المعاملات المدنية · الفرع الأول: طرفا الوفاء
One who pays another's debt without being a donor has recourse against the debtor to the extent of what he paid, unless the payment was without the debtor's permission and the debtor proves an interest in objecting to it.
Official text (Arabic)
This article has not been amended since the law was issued.
من وفى دين غيره ولم يكن متبرعًا كان له الرجوع على المدين بقدر ما دفعه، ما لم يكن الوفاء بغير إذن المدين وأثبت أن له أيَّ مصلحة في الاعتراض على الوفاء.
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 261 explained in plain English
This Article answers a common question: if I pay a debt on behalf of another person, am I entitled to recover what I paid from him?
The rule: One who pays another's debt without being a donor may have recourse against the debtor to the extent of what he paid. Two things are drawn from the text:
- Recourse is conditional on the payer not being a donor; one who paid intending to donate has no recourse.
- Recourse is limited to the extent of what he paid in fact, and no more.
The exception: This recourse does not arise if two things concur:
- The payment was made without the debtor's permission.
- It is proved that the debtor had any interest in objecting to the payment.
If the payment was with the debtor's permission, or without his permission and it is not proved that he had an interest in objecting, the payer keeps his right of recourse.
This Article is connected with Article 260, which requires, for payment to be valid, that the payer own the thing he paid with, does not validate payment from a person lacking capacity, and validates payment by a person of limited capacity with something due from him unless it harms him. It is also connected with Article 262, which states the cases in which the payer is subrogated to the creditor who received his right, such as where the payer is bound by the debt together with the debtor, or the creditor and the payer agree on subrogation at or before payment.
One who pays a debt on behalf of a relative or partner and wants to recover it should obtain the debtor's permission or document that the payment is not a donation. In case of dispute, it is advisable to consult a lawyer specializing in civil cases.
Practical example
Fahd paid on behalf of his friend Majed an overdue installment of SAR 8,000 to an appliance shop in Riyadh, after Majed asked him to do so, and without intending to donate. Fahd is entitled to have recourse against Majed for SAR 8,000, the amount he paid.
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 261 of the Saudi Civil Transactions Law
I paid someone else's debt. Can I recover the amount?
Yes. If you were not a donor, you may have recourse against the debtor to the extent of what you paid, unless the payment was without his permission and it is proved that he had an interest in objecting to it.
Can I recover more than I paid?
No. Recourse is to the extent of what the payer paid.
When is the right of recourse against the debtor lost?
If the payment was without the debtor's permission and it is proved that he had any interest in objecting to the payment, or if the payer was a donor.
More articles on Performance of Debt and Set-Off
- Article 21
The article distinguishes fungible things, whose units are alike or close and can stand in for one another on performance, from non-fungible things, whose units differ in a way recognized by custom or whose like is rarely found.
1- الأشياء المثلية هي ما تتماثل آحادها أو تتقارب بحيث يمكن أن يقوم بعضها مقام بعض عند الوفاء بلا فرقٍ يُعتد به عرفًا. 2- الأشياء القيمية هي ما تتفاوت آحادها في
- Article 110
The article provides that a bilateral contract terminates automatically if performance becomes impossible for a reason beyond the debtor's control, and sets the rules for partial and temporary impossibility.
1- في العقود الملزمة للجانبين، إذا أصبح تنفيذ الالتزام مستحيلًا بسببٍ لا يد للمدين فيه، انقضى التزامه والالتزام المقابل له، وانفسخ العقد من تلقاء نفسه. 2- إذا ك
- Article 147
What a non-debtor paid cannot be recovered if, as a result, a good-faith creditor lost the debt instrument or its guarantees or abandoned his claim until its period expired, and the payer may have recourse against the original debtor.
لا محل لاسترداد غير المستحق إذا حصل الوفاء من غير المدين وترتب عليه أن الدائن وهو حسن النية قد تجرد من سند الدين أو مما حصل عليه من الضمانات أو ترك دعواه قِبَل
- Article 162
The article provides that an obligation that does not meet the conditions for compulsory enforcement remains owed on a moral basis (diyanah); if the debtor performs it voluntarily, the performance is valid and is neither a gift nor an undue payment.
إذا لم يستوف الالتزام الشروط النظامية لتنفيذه جبرًا يبقى قائمًا في ذمة المدين ديانةً، فإذا وفاه مختارًا كان وفاؤه صحيحًا ولا يُعدُّ تبرعًا ولا دفعًا لغير المستح
- Article 206
The article permits early performance by the person for whose benefit the term was set unless it harms the other party, treats the term as for the debtor's benefit in case of doubt, and returns the debt to deferred status if what was received early is claimed by another.
1- يجوز تعجيل الوفاء بالدين ممن كان الأجل لمصلحته ما لم يلحق التعجيل ضررًا بالطرف الآخر. 2- عند الشك في كون الأجل لمصلحة المدين أو الدائن فالأصل أن يُعدَّ لمصلح
- Article 207
The article provides that a deferred debt does not fall due on the creditor's death, and falls due on the debtor's death unless it is secured by security in kind, the heirs provide adequate security, or the creditor agrees it remains deferred.
لا يحل الدين المؤجل بموت الدائن، ويحل بموت المدين إلا إذا كان الدين موثَّقًا بضمانٍ عينيٍّ أو قدم الورثة ضمانًا كافيًا عينيًّا أو شخصيًّا أو وافق الدائن على بقا
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.