Article 45 of the Saudi Registered Real Estate Mortgage Law
المادة 45 من نظام الرهن العقاري المسجل
The competent court decides disputes arising from the application of the provisions of the Registered Real Estate Mortgage Law.
Official text (Arabic)
This article has not been amended since the law was issued.
تتولى المحكمة المختصة الفصل في المنازعات الناشئة من تطبيق أحكام هذا النظام.
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 45 explained in plain English
This article identifies the body that decides disputes concerning this law: the competent court is the one that decides disputes arising from the application of the provisions of the Registered Real Estate Mortgage Law.
This includes any dispute arising from applying the provisions of the law, such as a disagreement between the mortgagor and the mortgagee, or between the possessor of the mortgaged property and the mortgagee creditors. The article does not name a particular court, but uses only the phrase "the competent court", so the text does not specify the type or level of the court.
- Body: the competent court.
- Scope of jurisdiction: disputes arising from the application of the provisions of this law.
One provision around which a dispute may arise is that of Article 44, under which the mortgage is not void on the death of the mortgagor or the mortgagee or on loss of capacity, with the heir taking the place of the deceased and the guardian acting for the one who lost capacity. Article 46 fixes the start of the law's application at ninety days after its publication in the Official Gazette.
To identify the competent court for a particular dispute and how to bring a claim before it, the person concerned would do well to consult a lawyer specializing in real estate cases.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentReal Estate Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Real Estate Law lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Mohammed bin Saleh Al-Qarawi Law and Notary Office, Riyadh
Frequently asked questions about Article 45 of the Saudi Registered Real Estate Mortgage Law
Where are disputes about a registered real estate mortgage heard?
The competent court decides disputes arising from the application of the provisions of the Registered Real Estate Mortgage Law.
Does Article 45 name the court?
No. The article refers only to "the competent court" without naming a particular court.
More articles on Defining and Registering Real Estate Mortgage
- Article 1
The Article defines the registered real estate mortgage as a contract giving the creditor an in rem right over a registered property that ranks him ahead of other creditors, and explains how it is registered and who bears its costs.
1- الرهن العقاري المسجل: عقد يسجل وفق أحكام هذا النظام يكسب به المرتهن (الدائن) حقـًا عينيًّا على عقار معين له سجل، ويكون له بمقتضاه أن يتقدم على جميع الدائنين
- Article 46
The Registered Real Estate Mortgage Law takes effect ninety days after the date of its publication in the Official Gazette.
يعمل بهذا النظام بعد مضي تسعين يومًا من تاريخ نشره في الجريدة الرسمية.
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.

