Article 95 of the Saudi Civil Transactions Law

المادة 95 من نظام المعاملات المدنية · الفرع الرابع: آثار العقد

The article requires a contract to be performed according to what it contains and in good faith, and provides that a contract includes its necessary incidents under statutory texts, custom and the nature of the contract.

Official text (Arabic)

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

1- يجب تنفيذ العقد طبقًا لما اشتمل عليه وبطريقة تتفق مع ما يوجبه حسن النية.

2- لا يقتصر العقد على إلزام المتعاقد بما ورد فيه، ولكن يشمل ما هو من مستلزماته وفقًا لما تقضي به النصوص النظامية والعرف وطبيعة العقد.

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 95 explained in plain English

This article shows how a contract is performed and what the contracting party is bound to do, in two paragraphs:

Paragraph 1 — performance in good faith: a contract must be performed according to the terms it contains, and in a manner consistent with what good faith requires. Literal compliance with the terms is not enough if performance is carried out in a way that empties the contract of its purpose or harms the other party without justification.

Paragraph 2 — the incidents of the contract: a contract does not only bind the contracting party to what it expressly states, but also includes what is among its necessary incidents, and these incidents are determined by reference to three sources mentioned in the text:

statutory texts.
custom.
the nature of the contract.

This means that contractual obligations may go beyond what is written in the contract, so a party is bound by what custom or the nature of the transaction requires even if it is not stated.

The article is linked to Article 94, which provides that a valid contract is binding and may not be broken or modified except by agreement or a statutory text; Article 95 determines the content of this obligation and the manner of its performance. Where there is a dispute over what counts as a necessary incident of a particular contract, it is advisable to consult a lawyer who specializes in civil or commercial cases according to the nature of the contract.

Practical example

Sarah bought an air conditioner from a store in Jeddah, and the contract did not mention delivering the user manual or the basic operating accessories. If these things are required by custom and the nature of the sale, they are among the necessary incidents of the contract and the store is bound by them even though they were not written.

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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