Article 521 of the Saudi Civil Transactions Law
المادة 521 من نظام المعاملات المدنية · الفصل الخامس: عقد الحراسة
The article requires the sequestrator to exercise the care of the ordinary person in keeping and managing the property entrusted to him.
Official text (Arabic)
This article has not been amended since the law was issued.
يلتزم الحارس بأن يبذل في حفظ الأموال المعهودة إليه حراستها وفي إدارتها عناية الشخص المعتاد.
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 521 explained in plain English
This article sets the level of care required of the sequestrator, which is the care of the ordinary person. This covers two things:
- Keeping: protecting the property entrusted to him from loss or damage.
- Management: managing it in the way an ordinary careful person would be expected to manage it.
The "ordinary person" standard is an objective one: it does not look to what the sequestrator is accustomed to in his own affairs, but to what an ordinary person would do in similar circumstances. If the sequestrator falls short of this level, he is considered in breach of his obligation, even if he is used to being negligent with his own property.
This rule is read together with Article 520, which makes the sequestration contract or the judgment issued for it the first reference in determining the sequestrator's obligations and rights, followed by the rules of the sequestration chapter, of which this article is one. It is followed by Article 522, which bars the sequestrator from dealing with the property outside acts of keeping and management except with the consent of the interested parties, with the court's permission, or without its permission in a case of urgency.
This article does not itself state the penalty for failing to meet this standard of care. If harm occurs and you believe the sequestrator was at fault, it is advisable to consult a lawyer specializing in civil matters.
Practical example
A sequestrator was appointed over a disputed goods warehouse in Jeddah. He learned of a roof leak threatening the goods and took no step to repair it or move them. This conduct falls short of what an ordinary person would do in such a case, so it is a breach of his obligation to keep the goods.
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 521 of the Saudi Civil Transactions Law
What level of care is required of the sequestrator?
The care of the ordinary person in keeping and managing the property entrusted to him.
Is it enough for the sequestrator to treat the property as he treats his own?
The text sets the standard as the care of the ordinary person, not what the sequestrator is accustomed to in his own affairs.
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.