Article 28 of the Saudi Civil Transactions Law
المادة 28 من نظام المعاملات المدنية · الفصل الخامس: استعمال الحق
The article provides that a person who uses his right lawfully is not liable for any harm that arises from that.
Official text (Arabic)
This article has not been amended since the law was issued.
من استعمل حقه استعمالًا مشروعًا لا يكون مسؤولًا عما ينشأ عن ذلك من ضرر.
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 28 explained in plain English
This article sets a basic rule on the relationship between exercising rights and liability for harm: a person who uses his right lawfully is not liable for any harm that arises from that.
Conditions for there being no liability, according to the text of the article:
- The person must have an established right.
- His use of this right must be lawful use.
If both conditions are met, he is not liable for harm that befalls another as a result of this use.
Limits of the rule: The rule is restricted by the use being lawful. Article 29 explains that abuse in using a right is not permitted, and sets out the cases in which use is abusive:
- If the use aims only to harm others.
- If the benefit from using it is entirely disproportionate to the harm it causes others.
- If it is used for something other than what it was granted for, or for an unlawful purpose.
The existence of the right alone is therefore not enough; its use must be lawful. The two articles did not set out the detailed effect of abusive use.
A person harmed by another's exercise of his right, or who fears being held liable for harm resulting from his exercise of his own right, would do well to consult a lawyer who specializes in civil cases and compensation.
Practical example
Mohammed built a building on his land in Jeddah in accordance with the legal permit, which blocked part of the view from his neighbor. If Mohammed is using his right to build lawfully, he is not liable for the harm that arises from that. But if it were proved that his only aim in building was to harm his neighbor, this would be one of the cases of abuse mentioned in Article 29.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 28 of Civil Transactions Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Civil Litigation & Compensation lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Civil Litigation & Compensation lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributor
Unwan Law Firm
Frequently asked questions about Article 28 of the Saudi Civil Transactions Law
Am I liable if someone else is harmed by my use of my right?
A person is not liable for harm that arises if he used his right lawfully, with the exception of the abusive use that Article 29 specifies.
Is having the right enough to avoid liability for harm?
No. The article requires that the use of the right be lawful.
More articles on Capacity and General Provisions
- Article 1
The Article sets the order of what applies to civil matters: the Law's provisions, then the general rules in the final provisions, then the most suitable rulings of Sharia, without prejudice to special statutory provisions.
1- تُطبق نصوص هذا النظام على جميع المسائل التي تناولتها في لفظها أو في فحواها، فإن لم يوجد نص يمكن تطبيقه طُبقت القواعد الكلية الواردة في الأحكام الختامية، فإن
- Article 2
The Article provides that all periods and time limits in the Civil Transactions Law are calculated by the Hijri calendar.
تحسب المدد والمواعيد الواردة في هذا النظام بالتقويم الهجري.
- Article 3
The Article provides that a person's legal personality begins with complete live birth and ends with death, and that the rights of an unborn child in the womb are determined by statutory provisions.
1- تبدأ شخصية الإنسان بتمام ولادته حيًّا وتنتهي بموته. 2- حقوق الحمل المستكن تحددها النصوص النظامية.
- Article 4
The Article refers the rules on the missing person, the absent person and the person of unknown parentage to the statutory provisions specific to them rather than regulating them in the Civil Transactions Law.
تسري على المفقود والغائب ومجهول النسب النصوص النظامية الخاصة بهم.
- Article 5
The Article refers the rules on persons' names, titles, families, kinship and nationalities to the statutory provisions specific to them.
تسري على أسماء الأشخاص وألقابهم وأسرهم وقراباتهم وجنسياتهم النصوص النظامية الخاصة بها.
- Article 6
The article defines direct kinship as the link between ascendants and descendants, and indirect kinship as the bond between persons who share a common ancestor without one being a descendant of the other.
1- القرابة المباشرة هي الصلة بين الأصول والفروع. 2- القرابة غير المباشرة هي الرابطة بين أشخاصٍ يجمعهم أصلٌ مشتركٌ دون أن يكون أحدهم فرعًا للآخر.
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.