Article 695 of the Saudi Civil Transactions Law
المادة 695 من نظام المعاملات المدنية · الفرع الثاني: حق الاستعمال وحق السكنى
The scope of the right of use and the right of residence is determined by the needs of the right-holder and his family, taking into account what the instrument creating the right provides and custom.
Official text (Arabic)
This article has not been amended since the law was issued.
يتحدد حق الاستعمال وحق السكنى بحاجة صاحب الحق وأسرته، ويراعى في هذا الشأن ما يقرره السند المنشئ للحق والعرف.
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 695 explained in plain English
After Article 694 allowed the right of usufruct to be limited to the right of use or the right of residence, this article determines the extent of these two rights and their scope.
- The basic standard: the needs of the right-holder and the needs of his family; the right covers what they need in the way of use or residence.
- The instrument creating the right: what the contract or document that created the right provides is taken into account.
- Custom: what custom has established in this matter is taken into account.
This means that for the holder of a right of residence, for example, one looks not only at his own needs but at his needs and his family's needs, within what the instrument and custom provide. The article combines the standard of need with what the parties agreed and what is customary.
It is followed by Article 696, which prevents assigning the right of use or the right of residence to others except by an express condition in the instrument creating the right or in case of necessity, which is consistent with the right being tied to the needs of its holder and his family.
If the right-holder and the owner of the real estate disagree on the limits of this right, it is useful to refer first to the text of the instrument, and to consult a lawyer who specializes in real estate and civil matters when needed.
Practical example
The owner of a house in Dammam created a right of residence in it for his cousin. The cousin married and had children, so the scope of his right of residence is determined by his needs and his family's needs, taking into account what is in the instrument that created the right and what custom has established.
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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Active contributorFrequently asked questions about Article 695 of the Saudi Civil Transactions Law
Does the right of residence cover the right-holder's family?
Yes. The right of residence is determined by the needs of the right-holder and his family.
What is taken into account in determining the scope of the right of use?
What the instrument creating the right provides and custom are taken into account, along with the needs of the right-holder and his family.
Can the holder of a right of residence assign it to someone else?
Article 696 provides that this is not valid except by an express condition in the instrument creating the right or in case of necessity.
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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.