Article 272 of the Saudi Civil Transactions Law
المادة 272 من نظام المعاملات المدنية · الفرع الثالث: محل الوفاء وزمانه ومكانه ونفقاته
The Article provides that payment is made with the thing originally due, so the creditor cannot be forced to accept something else even if of greater value.
Official text (Arabic)
This article has not been amended since the law was issued.
يكون الوفاء بالشيء المستحق أصلًا، فلا يُجبَر الدائن على قبول غيره ولو كان أعلى قيمة.
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 272 explained in plain English
This Article sets a basic rule on payment of obligations: the debtor must perform the very thing due that he undertook, not something else.
In practical terms, this means:
- If the debt is a sum of money, payment is with that sum, and if the obligation is to deliver a specific commodity, payment is by delivering that commodity.
- The creditor cannot be forced to accept something else in place of what is due, even if that thing is of greater value than what is due. What matters is what was agreed, not value.
The Article speaks of not forcing the creditor, so it protects his right to obtain what the debtor undertook to him, and does not prevent him from accepting something not due of his own free will.
This Article is connected with Article 271, which makes an offer followed by a valid deposit take the place of payment; what is offered should be what was originally due. It is also connected with Article 273, which bars the debtor from forcing the creditor to accept partial payment of a single debt unless legal provisions or agreement require otherwise; the creditor is thus protected as to the kind of what is paid to him and as to its amount.
In case of dispute over whether what the debtor offered is really what is due, it is advisable to consult a lawyer specializing in civil cases.
Practical example
A company in Riyadh agreed with a supplier to supply 50 computers of a specific model. The supplier offered instead newer and more expensive models, and the company refused. Under this Article the company is not forced to accept, because payment is made with the thing originally due even if the substitute is of greater value.
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 272 of the Saudi Civil Transactions Law
May the creditor refuse something more expensive than what was agreed?
Yes. The Article provides that the creditor is not forced to accept what is not due even if of greater value.
What is a debt paid with?
Payment is with the thing originally due that the debtor undertook.
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.