Article 518 of the Saudi Civil Transactions Law
المادة 518 من نظام المعاملات المدنية · الفصل الخامس: عقد الحراسة
The article provides that the sequestrator is appointed by agreement of the interested parties, failing which the court may appoint him if it sees that leaving the property in its possessor's hands poses an urgent danger.
Official text (Arabic)
This article has not been amended since the law was issued.
يعين الحارس باتفاق ذوي الشأن على تعيينه، فإن لم يتفقوا فللمحكمة تعيينه إذا رأت أن في بقاء المال في يد حائزه خطرًا عاجلًا.
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 518 explained in plain English
After Article 517 defined sequestration as a contract to keep and manage disputed property and return it with its yield to the person entitled, this article sets out how the sequestrator is appointed, which is one of two ways:
First: agreement. The default is that the interested parties, that is, the parties to the dispute, agree on appointing the sequestrator. This gives them the freedom to choose a person they trust.
Second: appointment by the court. If the interested parties do not agree, the court may appoint the sequestrator, but subject to a specific condition in the text: that it sees that leaving the property in its possessor's hands poses an urgent danger. The mere existence of a dispute over the property is not enough; the court must find an urgent danger from the property remaining with the person who possesses it.
It follows that the court's appointment of a sequestrator is a matter within its discretion; the text says "the court may appoint him", meaning it may do so if it sees that the urgent danger exists.
It is followed by Article 519, which deals with the case where the interested parties agree to hand the property to two or more sequestrators, and bars any one of them from acting alone in keeping or managing the property or dealing with the yield without the permission of the others.
Whether an urgent danger exists depends on the facts of each dispute, so it is advisable to consult a lawyer specializing in civil or real estate matters before requesting sequestration.
Practical example
Two partners disputed a farm in Al-Ahsa that one of them possesses, and they did not agree on a sequestrator. The other partner noticed that the possessor had begun neglecting the farm in a way that threatens to spoil its crops. He may ask the court to appoint a sequestrator, and the court may appoint one if it sees that leaving the farm in its possessor's hands poses an urgent danger.
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 518 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 518 of the Saudi Civil Transactions Law
Who appoints the sequestrator over disputed property?
He is appointed by agreement of the interested parties, and failing that the court may appoint him on the condition stated in the article.
When does the court appoint a sequestrator?
When the interested parties do not agree and the court sees that leaving the property in its possessor's hands poses an urgent danger.
Is the existence of a dispute enough to appoint a court sequestrator?
The text requires, for the court to appoint the sequestrator, that it see an urgent danger in leaving the property in its possessor's hands.
More articles on Deposit and Sequestration
- Article 287
The article prevents set-off between a depositary's debt against the depositor and the deposit, or between a borrower's debt against the lender and the loaned item, except by agreement of the parties.
إذا كان للمودع لديه دينٌ على المودع أو كان للمستعير دين على المعير، فلا تقع المقاصة بين الدين والوديعة أو بين الدين والشيء المعار ولو كان الدين من نوع أي منهما
- Article 506
The article defines deposit as a contract under which the depositary keeps the depositor's property on the basis that he will return it in kind.
الإيداع عقد يحفظ بمقتضاه المودع لديه مال المودع على أن يرده بعينه.
- Article 507
The depositary is not entitled to a fee for keeping the deposit unless otherwise agreed.
ليس للمودع لديه أجر على حفظ الوديعة؛ ما لم يتفق على خلاف ذلك.
- Article 508
If the deposit is unpaid, the contract is formed only when the depositary takes possession of the deposit.
إذا كان الإيداع بلا أجرٍ فلا ينعقد إلا بالقبض.
- Article 509
The article sets the care owed by the depositary in keeping the deposit depending on whether it is paid or unpaid, and who may keep it.
1- يلتزم المودع لديه بأن يبذل في حفظ الوديعة العناية التي يبذلها في حفظ ماله الخاص دون أن يكلف في ذلك أزيد من عناية الشخص المعتاد، فإن كان الإيداع بأجر فعليه أن
- Article 510
The depositary may not deposit the deposit with a third party without the depositor's permission unless he is compelled to, and he must retrieve it once the reason ceases.
ليس للمودع لديه أن يودع الوديعة لدى الغير دون إذن المودع إلا إذا كان مضطرًّا، وعليه استعادتها بعد زوال السبب.
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.