Article 599 of the Saudi Civil Transactions Law
المادة 599 من نظام المعاملات المدنية · الفرع الثاني: آثار عقد الكفالة
If the surety pays the debt he takes the creditor's place in all his rights against the debtor, and if he pays part of it he may claim against the debtor for what he paid only after the creditor has collected all of his right.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا وفى الكفيل الدين كان له أن يحل محل الدائن في جميع ما له من حقوق قِبَل المدين، وإذا لم يوفِ إلا بعض الدين، فلا يرجع بما وفى إلا بعد أن يستوفي الدائن كل حقه من 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 599 explained in plain English
This article establishes the principle of the surety taking the creditor's place, and deals with the case of partial payment.
First: full payment
If the surety pays the debt, he takes the creditor's place in all his rights against the debtor. The surety comes to stand in the position of the creditor himself as against the debtor, and benefits from the rights that the creditor had.
Second: partial payment
If the surety paid only part of the debt, he may not claim what he paid except after the creditor has collected all of his right from the debtor. Priority is the creditor's in collecting what remains of his debt, and the surety does not compete with him in that.
The reason is that suretyship exists to protect the creditor, so it would not be right for a surety who paid only part to turn into a competitor of the creditor for the debtor's assets before the creditor has collected his right in full.
Article 598 sets the practical means for this subrogation, as it obliges the creditor to hand the surety the documents and to release the real security to him or transfer his rights in it. Article 600 deals with the case where the surety pays something else in place of the debt or settles with the creditor for less, and what he claims from the debtor in each case.
Anyone who has paid a debt in whole or in part and wants to know his rights against the debtor is advised to consult a lawyer who specializes in civil cases.
Practical example
Ziyad stood surety for a debt of SAR 100,000 and paid the creditor only SAR 40,000. Ziyad is not entitled to claim this amount from the debtor until the creditor has collected the rest of his right from the debtor. Had Ziyad paid the whole debt, he would take the creditor's place in all his rights against the debtor.
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 599 of the Saudi Civil Transactions Law
What does the surety taking the creditor's place mean?
If the surety pays the debt, he has all the rights the creditor has against the debtor.
If the surety pays part of the debt, when does he claim against the debtor?
He may claim what he paid only after the creditor has collected all of his right from 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.