Article 679 of the Saudi Civil Transactions Law
المادة 679 من نظام المعاملات المدنية · الفرع الأول: حق الانتفاع
The article defines the right of usufruct as a real right that entitles the usufructuary to use and exploit a thing owned by another.
Official text (Arabic)
This article has not been amended since the law was issued.
حق الانتفاع حقٌ عينيٌّ يخول المنتفع استعمال شيء مملوك لغيره واستغلاله.
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 679 explained in plain English
This article gives the definition of the right of usufruct. Under it, the right of usufruct is a real right that entitles the usufructuary to use and exploit a thing owned by another.
The definition contains clear elements:
- A real right: that is, a right that attaches to the thing itself, not merely a personal obligation between two parties.
- A thing owned by another: the usufructuary is not the owner of the thing; ownership remains with its owner.
- Use: that is, the usufructuary benefits from the thing himself, such as by living in the house or farming the land.
- Exploitation: that is, he obtains the income the thing produces.
It is clear from the definition that the usufructuary combines use and exploitation, but the definition does not give him a right to dispose of the substance of the thing, since the thing remains owned by another.
The article is related to Article 680, which sets out the ways of acquiring this right: by legal disposition, by inheritance if the usufruct is for a fixed term, or by preemption from a co-owner in the right of usufruct over real estate.
Anyone who wants to create a right of usufruct, or understand the limits of an existing one, can consult a lawyer who specializes in real estate matters.
Practical example
Mona's father owns a farm in Al-Kharj, and he granted her the right of usufruct over it. Mona can use the farm herself and exploit it, but the farm remains owned by her father.
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 679 of the Saudi Civil Transactions Law
What is the right of usufruct?
It is a real right that entitles the usufructuary to use and exploit a thing owned by another.
Does the usufructuary own the thing?
No. The definition makes the thing owned by someone other than the usufructuary, and the usufructuary's right is limited to use and exploitation.
How is the right of usufruct acquired?
Under Article 680, it is acquired by legal disposition, by inheritance if it is for a fixed term, or by preemption from a co-owner in the right of usufruct over real estate.
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- Article 112
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يكون حارس البناء مسؤولًا عن تعويض الضرر الذي يحدثه تهدّم البناء كله أو بعضه؛ ما لم يثبت أن الضرر لا يرجع سببه إلى إهمال في الصيانة أو قدم في البناء أو عيب فيه.
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تصح هبة الشريك حصته في المال الشائع لشريكه أو لغيره عقارًا كان أو منقولًا، ولو كان الموهوب قابلًا للقسمة.
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.