Article 56 of the Saudi Civil Transactions Law
المادة 56 من نظام المعاملات المدنية · الفرع الأول: أركان العقد أولًا: الرضى
If a partially incapacitated person resorts to fraudulent means to conceal his incapacity, he must compensate the other contracting party for the harm caused by the annulment of the contract.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا لجأ ناقص الأهلية إلى طرقٍ احتياليَّةٍ لإخفاء نقص أهليته لزمه التعويض عن الضرر الذي أصاب المتعاقد معه بسبب إبطال العقد.
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 56 explained in plain English
This article protects a person who contracts with a partially incapacitated person who concealed his incapacity by fraudulent means.
The rule in the article rests on three elements:
- that the contracting party is partially incapacitated.
- that he resorts to fraudulent means to conceal his incapacity; the text speaks of fraudulent means, not of mere failure to disclose.
- that the other contracting party suffers harm because of the annulment of the contract.
If these elements are met, the partially incapacitated person must pay compensation for the harm caused to the person who contracted with him by the annulment.
The text deals with what follows the annulment of the contract, imposing on the partially incapacitated person who used fraud liability to compensate the harm resulting from that annulment, and does not itself address the conditions for annulment. The article also does not state how compensation is assessed.
On a related subject, Article 55 provides that transactions by guardians and executors are treated as valid within the limits set by statutory texts. Article 57 deals with the contracting party's right to seek annulment of the contract if he made a material mistake without which he would not have agreed to the contract, particularly if the mistake concerns a quality of the subject matter, the person of the other contracting party or his quality, or a statutory ruling.
If you suffered harm from the annulment of a contract you concluded with a person who concealed his incapacity by fraud, consult a lawyer who specializes in civil cases and compensation.
Practical example
A young man with partial incapacity presented a forged document to a furniture showroom in Riyadh to give the impression that he had reached majority, and bought furniture, so the showroom prepared the order and delivered it to him. The contract was then annulled. The young man must compensate the showroom for the harm caused by the annulment of the contract, because he resorted to a fraudulent means to conceal his incapacity.
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 56 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 56 of the Saudi Civil Transactions Law
Am I entitled to compensation if my contract is annulled with a partially incapacitated person who concealed his condition?
If the partially incapacitated person resorted to fraudulent means to conceal his incapacity, he must compensate you for the harm caused to you by the annulment of the contract.
What is the compensation for in this case?
For the harm caused to the person who contracted with the partially incapacitated person by the annulment of the contract.
What does the text require for a partially incapacitated person to be bound to pay compensation?
That he resorted to fraudulent means to conceal his incapacity, and that the other contracting party suffered harm because of the annulment of the contract.
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.