Article 597 of the Saudi Civil Transactions Law
المادة 597 من نظام المعاملات المدنية · الفرع الثاني: آثار عقد الكفالة
The surety may claim against the debtor for what he paid and the contract's expenses if the suretyship was with the debtor's knowledge and without his objection, and may not claim what he paid early on a deferred debt unless the debtor permitted.
Official text (Arabic)
This article has not been amended since the law was issued.
1- للكفيل بمقتضى عقد الكفالة أن يرجع على المدين بما وفى عنه وبما دفعه من نفقات اقتضاها العقد؛ إذا كانت الكفالة بعلم المدين ودون معارضته.
2- إذا عجّل الكفيل وفاء الدين المؤجل فليس له الرجوع على المدين بما عجّل وفاءه من الدين المؤجل قبل حلول الأجل ما لم يكن تعجيله بإذن المدين.
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 597 explained in plain English
This article regulates the surety's right to claim against the debtor after paying for him, and contains two rules:
First: claiming what he paid and the expenses
The surety may claim against the debtor for:
- what he paid on his behalf of the debt.
- the expenses he paid that the contract required.
This requires that the suretyship was with the debtor's knowledge and without his objection.
Second: early payment of a deferred debt
If the surety pays a deferred debt early, he may not claim against the debtor for what he paid early before the term arrives, unless the early payment was with the debtor's permission. The debtor is thus not surprised by a claim before the date of the original debt because of the surety's act alone.
Linked to this article are Article 596, which regulates a jointly liable surety's claim against the other sureties, and Article 598, which obliges the creditor to hand the surety the documents needed to exercise his right to claim against the debtor.
To know your right to claim if the suretyship was without the debtor's knowledge, or to calculate what you are entitled to recover, you are advised to consult a lawyer who specializes in civil cases.
Practical example
Waleed stood surety for his brother, with his knowledge, for a debt falling due after a year, and Waleed then decided of his own accord to pay the debt after two months. Waleed is not entitled to claim from his brother what he paid before the year passes, because the early payment was not with the debtor's permission.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 597 of Civil Transactions Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Civil Litigation & Compensation lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Civil Litigation & Compensation lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributor
Unwan Law Firm
Frequently asked questions about Article 597 of the Saudi Civil Transactions Law
Is the surety entitled to recover from the debtor what he paid?
Yes. The surety claims against the debtor for what he paid and the expenses the contract required, if the suretyship was with the debtor's knowledge and without his objection.
What if the surety pays the debt before its date?
He may not claim against the debtor for what he paid early before the term arrives, unless the early payment was with the debtor's permission.
Is the debtor's knowledge of the suretyship required for claiming against him?
The claim provided in the first paragraph requires that the suretyship was with the debtor's knowledge and without his objection.
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.