Article 52 of the Saudi Civil Transactions Law
المادة 52 من نظام المعاملات المدنية · الفرع الأول: أركان العقد أولًا: الرضى
The transactions of a person with diminished mental capacity are treated like those of a minor able to discern, and the transactions of a person who is insane like those of a minor unable to discern.
Official text (Arabic)
This article has not been amended since the law was issued.
1- تصرفات المعتوه في حكم تصرفات الصغير المميز.
2- تصرفات المجنون في حكم تصرفات الصغير غير المميز.
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 52 explained in plain English
This article does not set independent rules for the transactions of a person with diminished mental capacity or a person who is insane, but attaches each of them to the rule for a minor:
- A person with diminished mental capacity: his transactions are treated like the transactions of a minor able to discern.
- A person who is insane: his transactions are treated like the transactions of a minor unable to discern.
This means that what the law provides for the transactions of a minor able to discern applies to the transactions of a person with diminished mental capacity, and what it provides for the transactions of a minor unable to discern applies to the transactions of a person who is insane. The article does not equate the two cases, but places each in a different position.
The article does not define a person with diminished mental capacity or a person who is insane, and does not state how insanity or diminished capacity is proven.
This article is connected to Article 51, which allows the guardian or executor, once the minor has completed 15 years of age, to hand over to him a portion of his property and authorize him to conduct financial transactions, so that the authorized minor able to discern is treated as one who has reached majority in the transactions he was authorized to conduct. It is also connected to Article 53, which treats the transactions of a spendthrift and of a person of impaired judgment after interdiction like those of a minor able to discern, and treats their transactions before interdiction as valid unless they resulted from exploitation or collusion. So a person with diminished mental capacity, and a spendthrift and a person of impaired judgment after interdiction, are all attached to the minor able to discern.
If a member of your family has a condition that affects his judgment and concluded a contract, consult a lawyer who specializes in personal status or civil cases to assess his position.
Practical example
A man who is insane concluded a contract in Jeddah to sell his car. By the text of the article his transactions are treated like those of a minor unable to discern. If he had instead been a person with diminished mental capacity and not insane, his transactions would be treated like those of a minor able to discern.
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 52 of the Saudi Civil Transactions Law
What is the rule on the transactions of a person with diminished mental capacity?
They are treated like the transactions of a minor able to discern.
What is the rule on the transactions of a person who is insane?
They are treated like the transactions of a minor unable to discern.
Are an insane person and a person with diminished mental capacity treated the same?
No. The article attaches a person with diminished mental capacity to a minor able to discern, and a person who is insane to a minor unable to discern.
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.

