Article 675 of the Saudi Civil Transactions Law
المادة 675 من نظام المعاملات المدنية · الفرع الثالث: أثر الحيازة على الملكية
The article defines the good-faith possessor, presumes his good faith unless the contrary is proven, and states when this status ends.
Official text (Arabic)
This article has not been amended since the law was issued.
1- الحائزُ حَسنُ النية من يجهل أنه يعتدي على حق الغير؛ ما لم يكن الجهل ناشئًا عن خطئه الجسيم. ويُفترض حُسنُ النية في الحائزِ ما لم يقم الدليل على خلاف ذلك.
2- تزول صفة حسن النية عن الحائز من حين علمه بعيوب سند حيازته، أو بإعلامه بها في صحيفة الدعوى.
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 675 explained in plain English
This article determines who the good-faith possessor is, a description with important effects in the rules on possession. It contains three rules:
- The definition: The good-faith possessor is one who does not know that he is infringing another's right. But this ignorance is not enough if it arises from his gross fault; whoever is ignorant because of his own gross negligence is not considered to be in good faith.
- The presumption: Good faith is presumed in the possessor, unless evidence shows otherwise. The possessor is not asked to prove his good faith; whoever claims his bad faith must prove it.
- End of the status: The possessor's status as being in good faith ends at one of two times:
- from the time he learns of the defects in the title of his possession.
- or from the time he is notified of these defects in the statement of claim.
The importance of fixing this moment is that the rules differ between the good-faith possessor and the bad-faith one. One example is what Article 676 provides: the good-faith possessor owns the fruits he collected during his possession with the intention of owning them, whereas the bad-faith possessor is liable for the fruits he collected and those he failed to collect from the time he became a bad-faith possessor.
The article is also related to Article 674, which makes possession of a movable a presumption of ownership when ownership is disputed.
To assess whether a particular possessor is in good faith or when he ceased to be, you can consult a lawyer who specializes in real estate or civil matters.
Practical example
Badr bought land in Tabuk from a person who gave him documents that appeared sound, and he took possession of it and farmed it without knowing of any problem in his title. Badr's good faith is presumed. If the true owner files a claim against him and states in the statement of claim the defects in the title of his possession, Badr ceases to be in good faith from the time he is notified of that.
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 675 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 675 of the Saudi Civil Transactions Law
Who is the good-faith possessor?
He is one who does not know that he is infringing another's right, unless this ignorance arises from his gross fault.
Must the possessor prove his good faith?
No. Good faith is presumed in the possessor unless evidence shows otherwise.
When does the possessor's good-faith status end?
From the time he learns of the defects in the title of his possession, or from the time he is notified of them in the statement of claim.
More articles on Preemption, Possession and Easements
- Article 26
The article divides the real right into principal rights, such as ownership, usufruct, use, habitation, easement and waqf, and accessory rights, such as mortgage and privilege, together with what the legal provisions so consider.
1- يكون الحقُّ العينيُّ أصليًّا أو تبعيًّا. 2- الحقوق العينية الأصلية هي حق الملكية، وحق الانتفاع، وحق الاستعمال، وحق السكنى، وحق الارتفاق، وحق الوقف، وما يعد ك
- Article 658
The article defines preemption (shuf'a) as the right of a co-owner to acquire the sold real estate for the price at which it was sold plus its expenses.
الشفعة حق الشريك في أن يتملّك العقار المبيع بالثمن الذي بيع به وبنفقاته.
- Article 659
The article provides that where more than one preemptor comes together, each one's entitlement to preemption is in proportion to his share.
إذا اجتمع أكثر من شفيع كان استحقاق كل منهم من الشفعة على قدر نصيبه.
- Article 660
The article provides that if a buyer sells property subject to preemption to another before the preemptor is notified of his wish to take by preemption under Article 666, the preemptor takes it only at the price of the second sale plus its expenses.
إذا اشترى شخص ما تصح الشفعة فيه ثم باعه لآخر قبل إعلام الشفيع رغبته الأخذ بالشفعة وفقًا للفقرتين (ب) و(ج) من المادة (السادسة والستين بعد الستمائة) من هذا النظام
- Article 661
The article fixes when the right of preemption is established: when the sale is completed, provided that the reason giving rise to preemption exists.
تثبت الشفعة بتمام البيع مع قيام السبب الموجب لها.
- Article 662
The article requires, for the right of preemption to be established, that the preemptor owned his share in the real estate at the time the buyer bought the seller's share.
ليس للشفيع حق الشفعة إلا إذا كان مالكًا لنصيبه في العقار وقت شراء المشتري نصيب البائع.
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.