Article 596 of the Saudi Civil Transactions Law
المادة 596 من نظام المعاملات المدنية · الفرع الثاني: آثار عقد الكفالة
If the sureties are jointly liable and one of them pays the debt, he may claim against each of the others for his share of the debt and his portion of the share of the insolvent one among them.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا كان الكفلاء متضامنين فيما بينهم ووفى أحدهم الدين؛ كان له أن يرجع على كل واحد من الباقين بحصته في الدين وبنصيبه في حصة المعسر منهم.
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 596 explained in plain English
This article deals with the relationship between jointly liable sureties after one of them pays the debt.
Conditions of the rule:
- that the sureties are jointly liable among themselves.
- that one of them pays the debt.
The rights of the surety who paid:
- to claim against each of the remaining sureties for his share of the debt.
- to claim against each of them also for his portion of the share of the insolvent one among them; if one of the sureties is insolvent and cannot pay, his share is spread among the rest and the surety who paid does not bear it alone.
This rule achieves fairness among sureties: joint liability allows the creditor to claim the whole debt from any of them, but does not mean that the one who pays bears the whole burden in the end.
Linked to this rule is Article 595, which allows each surety to be claimed against for the whole debt where there are several sureties, unless they stood surety in one contract without stipulating their joint liability. The surety's claim against the debtor himself is regulated by Article 597, which allows him to claim what he paid and the expenses the contract required if the suretyship was with the debtor's knowledge and without his objection.
To calculate the shares or claim them, you are advised to consult a lawyer who specializes in civil cases.
Practical example
Four friends stood surety for a debt of SAR 120,000 in a joint suretyship, and one of them paid the whole amount, while one of the others was insolvent. The one who paid claims against each of the two who are able, for his share of the debt, and also for his portion of the share of the insolvent surety.
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 596 of the Saudi Civil Transactions Law
Can the surety who paid the debt claim against the other sureties?
Yes. If the sureties are jointly liable among themselves, he claims against each of the others for his share of the debt.
Who bears the share of an insolvent surety?
The surety who paid claims against each of the others for his portion of the share of the insolvent one among 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.