Article 685 of the Saudi Civil Transactions Law
المادة 685 من نظام المعاملات المدنية · الفرع الأول: حق الانتفاع
The article obliges the usufructuary to exercise the care of an ordinary person in preserving the thing, and does not require him to compensate if it is lost or damaged without transgression or negligence on his part.
Official text (Arabic)
This article has not been amended since the law was issued.
يلتزم المنتفع بأن يبذل من العناية في حفظ الشيء المنتفع به ما يبذله الشخص المعتاد؛ فإذا هلك أو تلف دون تعدٍّ أو تقصير منه لم يلزمه التعويض.
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 685 explained in plain English
This article determines the level of care required of the usufructuary, and the limits of his liability for the loss or damage of the thing.
- The standard of care: The usufructuary must exercise in preserving the thing what an ordinary person exercises. The standard is objective: not the highest degree of caution, nor the lowest, but what an average person does in his situation.
- No liability where there is no fault: If the thing is lost or damaged without transgression or negligence on the part of the usufructuary, he is not required to compensate.
It is understood from the wording of the article that the usufructuary's liability for loss or damage during the usufruct is tied to the existence of transgression or negligence on his part.
The article complements what Article 684 provides, that the usufructuary bears during his usufruct the ordinary expenses required to preserve the thing and maintenance work. It differs from Article 686, which deals with loss or damage after the usufruct period has ended where the usufructuary did not return the thing to its owner although he could, and obliges him to compensate even if he did not use the thing after the period ended, unless he proves that the thing would have been lost or damaged even had he returned it.
To assess whether a usufructuary's conduct amounts to negligence in a particular case, you can consult a lawyer who specializes in civil matters and compensation.
Practical example
Nawaf has a right of usufruct over a farm in Al-Jouf, and he looked after its pumps and guarded it as any ordinary person would. Then a sudden flood damaged part of the equipment without any transgression or negligence on his part. Nawaf is not required to compensate for this damage under the article.
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 685 of the Saudi Civil Transactions Law
What level of care is required of the usufructuary?
He must exercise in preserving the thing subject to usufruct what an ordinary person exercises.
Does the usufructuary compensate if the thing is damaged without his fault?
No. If it is lost or damaged without transgression or negligence on his part, he is not required to compensate.
What if the thing is damaged after the usufruct period ends and the usufructuary has not returned it?
Article 686 deals with this: he must compensate if he did not return it although he could, unless he proves that the thing would have been lost or damaged even had he returned it.
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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.