Article 593 of the Saudi Civil Transactions Law
المادة 593 من نظام المعاملات المدنية · الفرع الثاني: آثار عقد الكفالة
The article provides that statutory and judicial suretyship requires the sureties to be jointly liable with the debtor and among themselves.
Official text (Arabic)
This article has not been amended since the law was issued.
تقتضي الكفالة النظامية والقضائية تضامن الكفلاء مع المدين وتضامنهم فيما بينهم.
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 593 explained in plain English
This article sets out a rule specific to two kinds of suretyship: statutory suretyship and judicial suretyship. The article does not define these two kinds, but the names suggest a suretyship whose source is the Law or the courts, not merely the agreement of the parties.
The rule is that this suretyship requires joint liability at two levels:
- Joint liability of the sureties with the debtor: the surety is jointly liable with the debtor.
- Joint liability of the sureties among themselves: if there are several sureties, they are jointly liable.
Why does this matter? Because some of the protections the Law gives a surety are limited to a surety who is not jointly liable. These include Article 594, which prevents enforcement against the property of a non-joint surety before enforcement against the property securing the debt by a real security. Since statutory and judicial suretyship requires joint liability, this protection, which is limited to a non-joint surety, does not apply to them.
To determine whether a particular suretyship counts as statutory or judicial, and what follows from that, you are advised to consult a lawyer who specializes in civil cases.
Practical example
If two people are sureties in a judicial suretyship for a single debtor, they are jointly liable with the debtor and jointly liable among themselves, so neither of them benefits from the protection limited to a non-joint surety in Article 594.
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 593 of the Saudi Civil Transactions Law
Is the surety in a judicial suretyship jointly liable with the debtor?
Yes. Statutory and judicial suretyship requires the sureties to be jointly liable with the debtor and among themselves.
What is the effect of joint liability on the surety's rights?
Some protections, such as those in Article 594, are limited to a non-joint surety, so a jointly liable surety does not benefit from them.
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.