Article 686 of the Saudi Civil Transactions Law
المادة 686 من نظام المعاملات المدنية · الفرع الأول: حق الانتفاع
The article obliges the usufructuary to compensate if the thing is lost or damaged after the usufruct period ends and he did not return it to its owner although he could, unless he proves it would have been lost or damaged even had he returned it.
Official text (Arabic)
This article has not been amended since the law was issued.
يلزم المنتفع التعويض إذا هلك الشيء المنتفع به أو تلف بعد انقضاء مدة الانتفاع ولم يرده لمالكه مع إمكان الرد؛ ولو لم يستعمل ذلك الشيء بعد انقضاء المدة، ما لم يثبت أن الشي كان سيهلك أو يتلف ولو رده لمالكه.
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 686 explained in plain English
This article deals with the stage after the usufruct period ends. Once the period ends, the usufructuary is expected to return the thing to its owner. If he does not, his liability becomes stricter.
Conditions of the usufructuary's liability under the article:
- The thing is lost or damaged after the usufruct period has ended.
- The usufructuary did not return it to its owner.
- Returning it was possible.
If these conditions are met, he must compensate, even if he did not use the thing after the period ended. Merely keeping it in his hand when he could return it is enough for liability to arise.
The way out of liability: He is not required to compensate if he proves that the thing would have been lost or damaged even had he returned it to its owner. The burden of this proof is on the usufructuary.
This article differs from Article 685, which governs the usufruct period itself, obliging the usufructuary to exercise the care of an ordinary person and not requiring him to compensate if the thing is lost or damaged without transgression or negligence on his part.
It is also related to Article 687, which obliges the usufructuary to inform the owner in certain cases, including loss or damage of the thing, and makes him liable for compensation if he does not inform him within a reasonable period.
Anyone who delayed returning a thing subject to usufruct, or an owner who suffered from that, is well advised to consult a lawyer who specializes in civil matters and compensation.
Practical example
Turki's right of usufruct over a warehouse in Jeddah ended, but he did not return it to its owner although he could, and left it closed and unused. A fire then broke out in the warehouse and damaged part of it. Turki must compensate, unless he proves that the warehouse would have been damaged by the same fire even had he returned it to its owner.
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 686 of the Saudi Civil Transactions Law
Does the usufructuary compensate if the thing is damaged after the period ends and he has not returned it?
Yes, if he did not return it to its owner although he could, even if he did not use it after the period ended.
How can the usufructuary escape compensation in this case?
By proving that the thing would have been lost or damaged even had he returned it to its owner.
What is the difference between this article and Article 685?
Article 685 governs the usufruct period and does not require compensation without transgression or negligence, whereas this article governs the time after the period ends where the thing was not returned although it could be.
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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.