Article 579 of the Saudi Civil Transactions Law
المادة 579 من نظام المعاملات المدنية · الفرع الأول: إنشاء عقد الكفالة
Suretyship is concluded between the surety and the creditor, the creditor's silence counts as acceptance, and it does not depend on the debtor's acceptance, so it is valid without his knowledge and despite his objection.
Official text (Arabic)
This article has not been amended since the law was issued.
1- تنعقد الكفالة بين الكفيل والدائن، ويعد سكوت الدائن إذا وجه إليه الإيجاب قبولًا للكفالة.
2- لا يتوقف انعقاد الكفالة على قبول المدين، وتجوز دون علمه، وتجوز أيضًا رغم معارضته.
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 579 explained in plain English
This article identifies the two parties to the suretyship contract and how it is concluded, and contains two rules:
First: suretyship is a contract between the surety and the creditor
The parties to the contract are the surety and the creditor, which is consistent with the definition in Article 578, which makes the surety obliged to the creditor. The text provides that if the offer (the offer of suretyship) is addressed to the creditor and he is silent, his silence counts as acceptance of the suretyship. This is a notable exception, because suretyship is in the creditor's interest.
Second: the debtor is not a necessary party
- The conclusion of suretyship does not depend on the debtor's acceptance.
- Suretyship is valid without the debtor's knowledge.
- It is also valid despite his objection.
A person may volunteer to stand surety for the debt of a friend or relative without telling him, or even over his refusal, and the suretyship remains concluded.
Even so, the other conditions of suretyship remain required, including what Article 580 provides, that the surety must have full capacity.
Anyone who wants to know the effect of the debtor's knowledge or objection on the surety's rights later is advised to consult a lawyer who specializes in civil cases.
Practical example
Omar learned that his friend owed a debt to a merchant in Dammam, so he wrote to the merchant offering to stand surety for the debt without telling his friend, and the merchant stayed silent. The merchant's silence counts as acceptance, and the suretyship is concluded even though the friend did not know of it.
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 579 of the Saudi Civil Transactions Law
Is the debtor's consent required for suretyship?
No. The conclusion of suretyship does not depend on the debtor's acceptance, and it is valid without his knowledge and despite his objection.
Does the creditor's silence mean he accepts the suretyship?
Yes. If the offer is addressed to the creditor, his silence counts as acceptance of the suretyship.
Who are the parties to the suretyship contract?
Suretyship is concluded between the surety and the creditor.
More articles on Suretyship
- Article 222
The Article provides that solidarity among debtors is not presumed and arises only by agreement or legal provision.
لا يكون التضامن بين المدينين إلا باتفاق أو بنص نظامي.
- Article 578
The article defines suretyship as a contract in which the surety undertakes to the creditor to perform an obligation owed by the debtor if the debtor himself does not perform it.
الكفالة عقدٌ يلتزم بمقتضاه الكفيل للدائن بأن يفي بالتزام على المدين إذا لم يَفِ به المدين نفسه.
- Article 580
The article requires the surety to have full capacity, limits a suretyship by a person on his deathbed to one third of the estate unless the heirs approve, and a suretyship to or for an heir takes effect only with their approval.
1- يجب في عقد الكفالة أن يكون الكفيل كامل الأهلية. 2- الكفالة من المريض مرض الموت لا تنفذ في حق الورثة فيما زاد على (ثلث) التركة إلا بإجازتهم، وإذا كانت الكفالة
- Article 581
The article provides that suretyship is valid only if the obligation guaranteed is valid.
لا تكون الكفالة صحيحة إلا إذا كان الالتزام المكفول به صحيحًا.
- Article 582
The article allows suretyship to be immediate, conditional, for a limited period, or deferred to a term.
يصح أن تكون الكفالة منجزةً أو معلقةً على شرط أو مؤقتةً أو مضافةً إلى أجل.
- Article 583
Suretyship is valid for a future debt if the amount guaranteed is fixed in advance, and for a debt conditional on a condition; for a future debt with no fixed period the surety may withdraw by notifying the creditor.
1- تصح الكفالة في الدين المستقبل إذا حدد مقدمًا مقدار المكفول به، وتصح في الدين المعلق على شرط. 2- للكفيل في الدين المستقبل إذا لم يعين مدة للكفالة أن يرجع عن ك
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.