Article 8 of the Saudi Civil Transactions Law
المادة 8 من نظام المعاملات المدنية · الفرع الأول: الشخص ذو الصفة الطبيعية
The article defines domicile as the place of habitual residence, allows a person to have more than one, and makes the place of presence, or the last known place, the domicile of a person with no habitual residence.
Official text (Arabic)
This article has not been amended since the law was issued.
الموطن هو المكان الذي يقيم فيه الشخص عادةً. ويجوز أن يكون للشخص في وقتٍ واحدٍ أكثرُ من موطن، وإذا لم يكن له مكانٌ يقيم فيه عادةً عدّ محل وجوده موطنًا له، فإن لم يكن معلومًا ففي آخر محل وجد فيه.
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 8 explained in plain English
This article defines the meaning of domicile, which is the place a person is tied to in the eyes of the Law.
The general rule: Domicile is the place where a person habitually resides. What counts is habitual residence, not mere passing through or a transient stay.
Multiple domiciles: A person may have more than one domicile at the same time, such as someone who habitually resides in two cities.
A person with no habitual residence: The article provides two successive solutions:
- If a person has no place where he habitually resides, the place where he is present is considered his domicile.
- If his place of presence is not known, his domicile is the last place in which he was found.
In this way the article ensures that every person has a domicile that can be determined.
Its relation to neighboring articles: Article 9 adds a special kind of domicile: the place where a person carries on a trade or profession is his domicile in relation to the management of the business of that trade or profession.
To determine the domicile in a particular case, especially where there are several places of residence, it is advisable to consult a lawyer who specializes in civil cases.
Practical example
Sultan lives with his family in Dammam and spends a habitual part of each year in an apartment he owns in Abha. A person may have more than one domicile at the same time, so both cities can be considered his domicile if his residence in them is habitual. A different person who has no place where he habitually resides has his place of presence as his domicile, and if that is not known, the last place in which he was found.
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 8 of the Saudi Civil Transactions Law
What is domicile in the Civil Transactions Law?
Domicile is the place where a person habitually resides.
Can a person have more than one domicile?
Yes. A person may have more than one domicile at the same time.
What is the domicile of a person with no habitual residence?
His place of presence is considered his domicile, and if it is not known, the last place in which he was found.
More articles on Capacity and General Provisions
- Article 1
The Article sets the order of what applies to civil matters: the Law's provisions, then the general rules in the final provisions, then the most suitable rulings of Sharia, without prejudice to special statutory provisions.
1- تُطبق نصوص هذا النظام على جميع المسائل التي تناولتها في لفظها أو في فحواها، فإن لم يوجد نص يمكن تطبيقه طُبقت القواعد الكلية الواردة في الأحكام الختامية، فإن
- Article 2
The Article provides that all periods and time limits in the Civil Transactions Law are calculated by the Hijri calendar.
تحسب المدد والمواعيد الواردة في هذا النظام بالتقويم الهجري.
- Article 3
The Article provides that a person's legal personality begins with complete live birth and ends with death, and that the rights of an unborn child in the womb are determined by statutory provisions.
1- تبدأ شخصية الإنسان بتمام ولادته حيًّا وتنتهي بموته. 2- حقوق الحمل المستكن تحددها النصوص النظامية.
- Article 4
The Article refers the rules on the missing person, the absent person and the person of unknown parentage to the statutory provisions specific to them rather than regulating them in the Civil Transactions Law.
تسري على المفقود والغائب ومجهول النسب النصوص النظامية الخاصة بهم.
- Article 5
The Article refers the rules on persons' names, titles, families, kinship and nationalities to the statutory provisions specific to them.
تسري على أسماء الأشخاص وألقابهم وأسرهم وقراباتهم وجنسياتهم النصوص النظامية الخاصة بها.
- Article 6
The article defines direct kinship as the link between ascendants and descendants, and indirect kinship as the bond between persons who share a common ancestor without one being a descendant of the other.
1- القرابة المباشرة هي الصلة بين الأصول والفروع. 2- القرابة غير المباشرة هي الرابطة بين أشخاصٍ يجمعهم أصلٌ مشتركٌ دون أن يكون أحدهم فرعًا للآخر.
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.