Article 585 of the Saudi Civil Transactions Law
المادة 585 من نظام المعاملات المدنية · الفرع الثاني: آثار عقد الكفالة
If the suretyship is unrestricted, the surety's obligation follows the debtor's obligation as to whether it is immediate or deferred.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا وقعت الكفالة مطلقة فإن التزام الكفيل يتبع التزام المدين معجلًا كان أو مؤجلًا.
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 585 explained in plain English
This article deals with unrestricted suretyship, that is, suretyship in which the parties did not fix a special time for the surety's obligation that differs from the time of the debtor's obligation.
The rule is that the surety's obligation in this case follows the debtor's obligation:
- If the debtor's debt is immediate (due and payable now), the surety's obligation is immediate too.
- If the debtor's debt is deferred, the surety's obligation is deferred to the same term.
So in an unrestricted suretyship the surety is not claimed against before the time at which the debtor is claimed against, and is claimed against when the debt falls due from the debtor.
This is consistent with Article 584, which prevents the surety's obligation from being on harsher terms than the debtor's obligation. If the parties agree otherwise than an unrestricted suretyship, Article 586 deals with the case of suretyship of an immediate debt by a deferred suretyship, where the creditor claims against the debtor immediately and does not claim against the surety until the term arrives.
Anyone who wants to know when he can be claimed against under his suretyship is advised to review the wording of the suretyship contract and consult a lawyer who specializes in civil cases.
Practical example
Bandar borrowed a sum to be repaid after six months, and his friend stood surety for him in an unrestricted suretyship without fixing any other date. The friend's obligation is deferred like Bandar's, so he cannot be claimed against before the six months have arrived.
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 585 of the Saudi Civil Transactions Law
What is an unrestricted suretyship?
A suretyship made without restriction, in which the surety's obligation follows the debtor's obligation, whether immediate or deferred.
Can the surety be claimed against before the debt falls due?
In an unrestricted suretyship the surety's obligation follows the debtor's obligation, so if the debt is deferred, the surety's obligation is deferred too.
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 579
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.
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 أيض
- 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.
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.