Article 4 of the Saudi Commercial Court Law
المادة 4 من النظام التجاري نظام المحكمة التجارية · الفصل الأول: التاجر ، شروطه ، صفاته ، أنواعه
The article states that anyone who is of full legal capacity or has reached the age of majority has the right to practice the profession of trade of all kinds.
Official text (Arabic)
This article has not been amended since the law was issued.
كل من كان رشيدا أو بلغ سن الرشد فله الحق أن يتعاطى مهنة التجارة بأنواعها.
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 4 explained in plain English
This article deals with capacity to practice trade, that is, who has the right to engage in trade and make it a profession. It makes the criterion maturity (rushd): anyone who is of full legal capacity or has reached the age of majority has the right to practice the profession of trade of all kinds.
The following is understood from the text:
- The right to trade belongs to the person of full capacity without distinction between types of trade, as the text says "of all kinds".
- The article does not give a number for the age of majority, and does not set out the rules for someone who has not reached it; these details are not taken from this text.
This article is connected with what follows in the law, since Article 5 requires every merchant to conduct his commercial affairs with integrity and honor, committing no fraud, deceit or swindling, or else he deserves the penalty under the penalties in the law. Capacity grants the right, and Article 5 places a duty of honesty on whoever exercises it.
If you have a question about a particular person's capacity to practice trade or the effect of lack of maturity on his commercial acts, it is best to consult a lawyer who specializes in commercial cases.
Practical example
Sara has reached the age of majority and wants to open a perfume shop in Jeddah. Under this article, she has the right to practice trade of all kinds because she is of full capacity, while complying with the duties of honesty in Article 5.
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 4 of the Saudi Commercial Court Law
Who has the right to practice trade?
Anyone who is of full legal capacity or has reached the age of majority has the right to practice the profession of trade of all kinds.
Does the article set the age of majority at a specific number?
No. The article mentions maturity and reaching its age without setting a number.
Is the right limited to a particular type of trade?
No. The text gives the person of full capacity the right to practice the profession of trade of all kinds.
More articles on The Merchant and Commercial Acts
- Article 1
The article defines the merchant as a person who engages in commercial transactions and makes them his profession.
التاجر هو من اشتغل بالمعاملات التجارية واتخذها مهنة له.
- Article 5
The article requires every merchant to deal with integrity and honor, without fraud, deceit or swindling, or he deserves the penalty under the penalties in the law.
يجب على كل تاجر أن يسلك في كل أعماله التجارية بدين وشرف، فلا يرتكب غشا ولا تدليسا ولا احتيالا ولا غبنا ولا غررا ولا نكثا ولا شيئا مما يخالف الدين والشرف بوجه من
- Article 147
This article punishes any merchant who violates the requirement of Article 5 with imprisonment from ten days to three months or a fine of ten to fifty pounds, according to his offense and circumstances.
كل تاجر يخالف مقتضى المادة (5) يجازى بالحبس من عشرة أيام إلى ثلاثة أشهر أو بغرامة مالية من عشرة جنيهات إلى خمسين جنيها على حسب مقتضى جريمته وحاله.
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.

