Article 73 of the Saudi Civil Transactions Law

المادة 73 من نظام المعاملات المدنية · الفرع الأول: أركان العقد أولًا: الرضى

If the parties do not specify the quantity of the subject matter and the contract contains what allows it to be determined, the court determines it; if they do not agree on quality and there is no custom or indication, an item of medium quality must be delivered.

Official text (Arabic)

This article has not been amended since the law was issued.

1- إذا لم يحدِّد المتعاقدان مقدار المحل وتضمن العقد ما يمكن للمحكمة تحديده به؛ حددته بناءً على ذلك.

2- إذا لم يتفق المتعاقدان على درجة جودة الشيء ولم يوجد عرف أو قرينة؛ التزم المدين بأن يسلم شيئًا ذا جودة متوسطة.

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 73 explained in plain English

This article deals with two cases in which the contracting parties may neglect to specify important details of the subject matter:

First case: the quantity of the subject matter is not specified

If the contracting parties do not specify the quantity of the subject matter, but the contract contains what allows the court to determine it, the court determines the quantity on that basis. The contract does not fall merely because the quantity is not mentioned, as long as it contains elements that allow it to be determined.

Second case: the grade of quality is not agreed

If the contracting parties do not agree on the grade of quality of the thing, one first looks for a custom or indication that determines quality. If there is no custom or indication, the debtor must deliver a thing of medium quality; he is not bound to deliver the best, and may not deliver the worst.

This article is linked to Article 72, which requires the subject matter to be specified in itself or by type and quantity, or capable of being specified, otherwise the contract is void. This article shows how quantity and quality are determined when the contracting parties are silent, in a way that preserves the contract.

To avoid disputes, the contracting parties are well advised to specify quantity and quality expressly in the contract. If a dispute arises over the quantity or quality owed, it is advisable to consult a lawyer who specializes in civil cases and contracts.

Practical example

A restaurant in Riyadh ordered 100 kilograms of rice from a supplier without specifying its grade of quality, and there was no previous custom or indication between them pointing to a particular type. In this case the supplier must deliver rice of medium quality.

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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