Article 594 of the Saudi Civil Transactions Law
المادة 594 من نظام المعاملات المدنية · الفرع الثاني: آثار عقد الكفالة
If the debt was secured by a real security before or at the time of the suretyship and the surety is not jointly liable, enforcement may not be made against the surety's property before the property securing the debt.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا كان الدين موثَّقًا بضمانٍ عيني قبل الكفالة أو معها ولم يكن الكفيل متضامنًا مع المدين؛ فلا يجوز التنفيذ على أموال الكفيل قبل التنفيذ على الأموال الموثقة للدين.
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 594 explained in plain English
This article addresses a case in which two securities for the debt are combined: a real security (such as a pledge over real estate or movable property) and a personal suretyship.
Conditions of the rule:
- that the debt is secured by a real security.
- that this security was established before the suretyship or at the same time.
- that the surety is not jointly liable with the debtor.
The effect: enforcement may not be made against the surety's property before enforcement against the property securing the debt. The creditor must begin with the property allocated to secure the debt, and then turn to the surety's property.
Note that the text limits the rule to a security established before the suretyship or at the same time, and does not mention a security established after it.
A jointly liable surety does not benefit from this protection, including under Article 593, which provides that statutory and judicial suretyship requires the sureties to be jointly liable with the debtor. Article 595, which regulates claims against sureties where there are several for one debt, is also linked to this article.
Anyone claimed against as a surety for a debt secured by a pledge is advised to consult a lawyer who specializes in civil cases or enforcement cases.
Practical example
A man borrowed from a finance company and pledged his car to secure the debt, and his friend stood surety for him in the same contract in a non-joint suretyship. If the debtor defaults, the company may not enforce against the friend's property before enforcing against the pledged car.
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 594 of the Saudi Civil Transactions Law
Does the creditor begin with the pledge or with the surety?
If the real security came before the suretyship or at the same time and the surety is not jointly liable, enforcement may not be made against the surety's property before the property securing the debt.
Does a jointly liable surety benefit from this rule?
No. The text is limited to a surety who is not jointly liable with the debtor.
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.