Civil Transactions Law
Art. 720Status unknownSaudi ArabiaRegulation
Issued by Ministry of Investment (misa.gov.sa)
Without prejudice to the provisions of Article 1 of this Law, the rules set forth in
this Article shall be applied in a manner not inconsistent with legal provisions,
subject to their respective nature, conditions, and exceptions. Said rules shall
comprise the following:
Rule 1
Matters shall be determined according to intentions.
Rule 2
In contracts, effect shall be given to intention and meaning, not to form.
Rule 3
Custom shall have legal effect.
Rule 4
A matter established by custom shall be equivalent to a matter established by
text.
Rule 5
A matter established by custom shall be equivalent to a matter stipulated as a
condition.
Rule 6
A matter deemed highly unlikely by custom shall be equivalent to a matter
deemed impossible.
Rule 7
Certainty may not be dispelled by doubt.
Rule 8
A matter shall be presumed unaltered.
Rule 9
Freedom from liability shall be presumed.
Civil Transactions Law
Rule 10
Contracts and conditions shall be presumed valid and binding.
Rule 11
Claimed attributes shall be presumed false.
Rule 12
A disputed time of an incident shall be determined according to the most likely
time.
Rule 13
A statement shall not be derived from the silence of a person, but silence shall
be tantamount to a statement where a statement is required.
Rule 14
No inference may be made in the face of an explicit statement.
Rule 15
Erroneous conjecture shall not be deemed valid.
Rule 16
Harm shall be removed.
Rule 17
Harm shall not be removed by a similar harm.
Rule 18
A greater harm shall be repelled by a lesser harm.
Rule 19
Preventing harm shall take precedence over gaining benefit.
Rule 20
If a prohibition and a benefit are in conflict, precedence shall be given to the
prohibition.
Rule 21
Hardship shall beget facility.
Civil Transactions Law
Rule 22
The extent of necessity shall determine the extent of permissibility.
Rule 23
Necessity shall not invalidate the rights of others.
Rule 24
Words shall be presumed to reflect their literal meaning.
Rule 25
Words shall be presumed to have meaning and shall not be disregarded.
Rule 26
The absolute shall be applied in its absolute sense, unless there is evidence of
restriction, either by text or implication.
Rule 27
A description of a thing that is present shall be deemed inconsequential, but a
description of a thing that is absent shall be deemed consequential.
Rule 28
An attachment shall follow the principal.
Rule 29
Flexibility may be exercised with attachments but not with other than
attachments.
Rule 30
A condition enforced at the outset of a matter may be overlooked during the
course of said matter.
Rule 31
The existence of an attachment shall be contingent upon the existence of the
principal.
Rule 32
No opinion may be given in the presence of a text.
Rule 33
A person who takes possession of another person’s property shall remain liable
Civil Transactions Law
until such property is returned.
Rule 34
The person warranting a thing shall retain its yields.
Rule 35
A matter without which an obligation cannot be performed shall itself be
deemed an obligation.
Rule 36
If the reason prohibiting a matter ceases to exist, such matter shall revert to its
prior status.
Rule 37
The absence of an excuse permitting a matter shall render such matter
prohibited.
Rule 38
What is forfeited may not be reinstated.
Rule 39
If the original rule cannot be applied, the alternative rule shall be applied
Rule 40
A person who attempts to renege on a matter shall be estopped.
Rule 41
Ignorance of the law is not an excuse.
Section 2: Entry into Force
The Arabic text is the legally binding version. The English translation is provided for guidance only.
Freshness not yet recorded