Article 602 of the Saudi Civil Transactions Law
المادة 602 من نظام المعاملات المدنية · الفرع الثاني: آثار عقد الكفالة
A person who stood surety for jointly liable debtors, all of them, may claim against any one of them for everything he paid of the debt.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا كان المدينون متضامنين فلمن كفلهم جميعًا الرجوع على أي منهم بكل ما وفاه من الدين.
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 602 explained in plain English
This article deals with a special case: where the debt is owed by several jointly liable debtors and one person stands surety for all of them, and this surety then pays the debt or part of it.
The rule is that in this case the surety may claim against any one of them he chooses, and claim from him everything he paid of the debt, not just his share. The surety is not required to divide his claim among the debtors according to their shares.
This rule rests on two conditions that appear from the text:
- that the debtors are jointly liable for the debt.
- that the surety has stood surety for all of them, not just some.
If the surety stood surety for one of them and not the others, or there was no joint liability among them, this article does not deal with that case.
The claim here is for what the surety actually paid. Article 601 is linked to it, which preserves the surety's right to claim against the debtor if he did not inform him of the ground for the debt's extinction or voidness. To assess the position in a specific dispute, you are advised to consult a lawyer who specializes in civil cases.
Practical example
Three partners borrowed a sum from a person in Riyadh and were jointly liable for repaying it, and Fahd stood surety for all of them. They were unable to pay, so Fahd paid the whole amount. Fahd is entitled to claim from any one of the three everything he paid, without being bound to claim a third from each.
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 602 of the Saudi Civil Transactions Law
If I stood surety for several jointly liable debtors and paid the debt, do I claim a share from each?
Under the article, you may claim against any one of them for everything you paid of the debt, provided you stood surety for all of them.
Does this rule apply if I stood surety for only one of the jointly liable debtors?
The article deals with a person who stood surety for all the jointly liable debtors, so its text does not cover a person who stood surety for only some of 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.