Article 588 of the Saudi Civil Transactions Law
المادة 588 من نظام المعاملات المدنية · الفرع الثاني: آثار عقد الكفالة
The surety is discharged to the extent of the debt guarantees the creditor lost through his fault; guarantees include anything allocated to secure the debt, even after the suretyship, and any guarantee provided by law.
Official text (Arabic)
This article has not been amended since the law was issued.
1- تبرأ ذمة الكفيل بقدر ما أضاعه الدائن بخطئه من ضمانات الدين.
2- يقصد بضمانات الدين: كل ما خصص لضمان الدين ولو تقرر بعد الكفالة، وكل ضمان مقرر نظامًا.
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 588 explained in plain English
This article protects the surety from the creditor's fault in preserving the guarantees of the debt.
The rule: the surety is discharged to the extent of what the creditor lost through his fault of the debt guarantees. If the debt had another guarantee (such as a pledge, for example) and the creditor lost it through his fault, the surety does not bear the result of this fault, and his obligation is reduced by the amount of the guarantee lost.
Two points are noted in this rule:
- The discharge is partial, to the extent of what was lost, and not necessarily complete.
- It is required that the loss be through the creditor's fault.
Definition of the debt guarantees: the second paragraph specifies what is meant, which is:
- anything allocated to secure the debt, even if this guarantee was established after the suretyship.
- any guarantee provided by law.
Linked to it are Article 587, which provides that a surety in a suretyship for a limited period is claimed against only for obligations arising during the period of the suretyship, and Article 589, which allows a non-joint surety to warn the creditor to take action against the debtor.
Anyone who believes the creditor lost a guarantee of the debt through his fault is advised to consult a lawyer who specializes in civil cases to assess the effect of that on his obligation.
Practical example
Adel stood surety for a debt of his friend of SAR 200,000, and the debt was also secured by a pledge. The creditor released the pledge through his fault without collecting the debt. Under the article, Adel is discharged to the extent of what the creditor lost of this guarantee.
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 588 of the Saudi Civil Transactions Law
Is the surety discharged if the creditor loses the pledge?
The surety is discharged to the extent of the debt guarantees the creditor lost through his fault.
What is meant by the guarantees of the debt?
Anything allocated to secure the debt, even if established after the suretyship, and any guarantee provided by law.
Does the rule cover a guarantee added after the suretyship was signed?
Yes. The guarantees of the debt include what was allocated to secure the debt even if established after the suretyship.
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.