What are commercial lawsuits or cases in the Kingdom of Saudi Arabia?

They are lawsuits filed against the merchant arising from a commercial business, a dispute between partners, or arising from commercial regulations.

What is the competent court to consider and adjudicate commercial cases in the Kingdom of Saudi Arabia?

It is the commercial court, which is spread across the various governorates and regions of the Kingdom, whether in the form of an independent court or commercial circuits within the general court.

What are the jurisdictions of the commercial court in the Kingdom of Saudi Arabia?

The commercial court is competent to consider the following:

1. Disputes that arise between merchants due to their original or subsidiary commercial activities.
2. Lawsuits filed against the merchant in commercial contract disputes, when the value of the original claim in the lawsuit exceeds one hundred thousand riyals, and the council may, if necessary, increase this value.
3. Disputes between partners in a joint-stock company.
4. Lawsuits and violations arising from the application of the provisions of the Companies Law.
5. Lawsuits and violations arising from the application of the provisions of the Bankruptcy Law.
6. Lawsuits and violations arising from the application of intellectual property systems.
7. Lawsuits and violations arising from the application of other commercial systems.
8. Lawsuits and requests related to the judicial custodian, trustee, liquidator, appointed expert, and the like; When the dispute is related to a claim that the court has jurisdiction to hear.

9. Claim for compensation for damages arising from a claim previously heard by the court.

Types of commercial claims (cases) in the Kingdom of Saudi Arabia:

1- Appeal (commercial arbitration):

It is a claim that is filed for appeal directly, such as commercial arbitration claims, which is a claim in commercial arbitration disputes, and the requests in it are: (appointing the head of the arbitration panel – ending the arbitration procedures – taking temporary or precautionary measures).

Such as a request to appoint or reject an arbitrator, a request to issue an order to enforce an arbitration award, a request to rule to invalidate an arbitration award, the expiration of the arbitration procedures, in what is within the jurisdiction of the commercial court.

2- Commercial systems:

They are claims and violations arising from the application of the provisions of the commercial systems.

The claims include the following claims:

A. Foreign investment: These are claims and violations arising from the application of the provisions of the foreign investment system, the requests in them are: (compensation in the foreign investment system).

Such as: claims for compensation for damage resulting from committing one of the violations included in the system, and claims to prove violations and impose penalties on them. , and claims to object to decisions issued by the competent administrative authority at the Ministry of Investment.

B. Commercial data: These are claims and violations arising from the application of the provisions of the Commercial Data System, requests include: (termination of a contract in the Commercial Data System – compensation in the Commercial Data System – penalties and violations in the Commercial Data System).

Such as: placing incorrect or non-conforming commercial data on goods, products or imports.

C. Maritime trade: These are claims and violations arising from the application of the Commercial Maritime System, requests include: (termination of a contract in the Maritime Trade System – invalidation of the contract in the Maritime Trade System – compensation in the Maritime Trade System – cancellation of the administrative decision in the Maritime Trade System).

Such as: import and export, shipbuilding, leasing, and selling, and obligations of transport and shipping agents, claims for delayed delivery and differences in specifications, and the destruction of goods and marine insurance.

D. Commercial Franchise: These are the lawsuits and violations arising from the application of the provisions of the Commercial Franchise System, and the requests therein are: (Extension of the Franchise Agreement – Proof of Franchise – Contractual Obligations – Termination of a Contract in the Commercial Franchise System – Invalidation of the Contract in the Commercial Franchise System – Compensation in the Commercial Franchise System – Cancellation of the Administrative Decision in the Commercial Franchise System – Penalties and Violations in the Commercial Franchise System – Request for Commercial Franchise Commission – Request for Commercial Franchise Profit).

E. Commercial Mortgage: These are the lawsuits and violations arising from the application of the provisions of the Commercial Mortgage System, and the requests therein are: (The mortgagor’s request to deliver the proceeds of the mortgaged money – Delivery of the mortgaged money to the mortgagee – Tracking the mortgaged money – Selling the mortgaged money in accordance with Article Twenty-Five – Claiming the expenses and costs incurred by the holder – Permission to sell the mortgaged money – Compensation in the Commercial Mortgage System – Objection to an action taken by the holder – Procedures to preserve the mortgaged money – Lifting the mortgaged money from the hand).

Such as: Proving and recovering the mortgaged money, its proceeds and profits, and its investment rights, destruction of the mortgaged money, execution on the mortgaged money, mortgageable money.

F. Commercial Register: These are lawsuits and violations arising from the application of the provisions of the Commercial Register System, and the requests therein are: (Compensation in the Commercial Register System – Cancellation of the administrative decision in the Commercial Register System).

G. Combating Commercial Fraud: These are lawsuits and violations arising from the application of the provisions of the Commercial Fraud Combat System.

Such as: lawsuits for compensation for damage resulting from committing one of the violations included in the system, and lawsuits to prove violations and impose penalties on them.

H. Commercial Papers: These are lawsuits related to private rights arising from the application of the provisions of the Commercial Papers System (check – bill of exchange – promissory note), and the request therein is: (Not due).

Such as: The request submitted by the debtor to claim the non-due of the commercial paper or request its delivery. To oblige the value of the valid commercial paper.

T. Unfair Competition: These are lawsuits and violations arising from the application of the provisions of the Unfair Competition System, and the request therein is: (Compensation in the Competition System).

Such as: lawsuits for compensation for damage resulting from committing one of the violations included in the system, and lawsuits to prove violations and impose penalties on them.

A. Commercial agencies: These are lawsuits and violations arising from the application of the provisions of the Commercial Agencies System, and the requests therein are: (Extension of the agency agreement – Proof of the agency – Contractual obligations – Termination of a contract in the Commercial Agencies System – Compensation in the Commercial Agencies System – Cancellation of the administrative decision in the Commercial Agencies System – Penalties and violations in the Commercial Agencies System – Request for commission for commercial agencies – Request for profit in commercial agencies).

K. Trade names: These are disputes arising from the application of the provisions of the Trade names System, except for administrative disputes, and the requests therein are: (Compensation in the Trade names System – Cancellation of the administrative decision in the Trade names System).

L. Protection of trade secrets: These are disputes arising from the application of the provisions of the Regulation for the Protection of Confidential Commercial Information, except for administrative disputes, and the requests therein are: (Compensation in the Trade secrets protection system – Preventing the exploitation of confidential commercial information – Selling confidential information).

3- Companies:
This is a lawsuit in disputes that occur between partners in a joint-stock company, or disputes arising from the application of the Companies System.
The lawsuits include the following lawsuits:
A. Speculative companies: Speculative companies are companies established on the basis that the capital is from one party and the work is from the other, so that everyone shares in the resulting profit. The requests in them are: (return of capital – profits – proof of partnership – proof of exit – termination of partnership – dissolution of the speculative companies contract – invalidation of the speculative companies contract – compensation of speculative companies – delivery of documents in the speculative contracts).

Example: Partner actions such as aggression and negligence, guaranteeing capital, delivering profits, dissolving the partnership, accounting, and the like.

B. Regular companies: These are lawsuits and violations arising from the application of the companies system, and the requests in them are: (dissolution of the contract of a regular company – invalidation of the contract of regular companies – compensation of regular companies – cancellation of the administrative decision issued against the regular company).

Example: dismissal of the director, liquidation of the company, payment of profits, liability lawsuit, and invalidity lawsuit, and the like.

C. Company Contract: A company is a contract whereby two or more partners contribute a share of money or work or both of them together in a project to share the resulting profit or loss, and the requests therein are: (Determining non-essential issues – invalidating the company contract – proving the invalidity of the company contract – obligating the benefit obtained – determining the amount of the subject of the obligation in the company contract – reducing an obligation in a company contract – increasing an obligation in a company contract – obligating the specific implementation of the company contract – compensation in the company contract – increasing or decreasing the amount of compensation agreed upon in the company contract – dividing profits between partners – distributing losses between partners – objecting to a partner’s actions – reviewing the company’s books and documents – holding the manager accountable – leaving the company before the expiry of the term – removing one or more partners – liquidating the company – amending or exempting arbitrary terms in the contract – proving the termination of the company contract – dissolving the company contract).

4- Judicial requests:
These are urgent matters that are feared to be lost, litigation fees, and damages from commercial transactions between merchants related to lawsuits that commercial courts have jurisdiction to consider.
The lawsuits include the following lawsuits:
A. Attorneys’ or agents’ fees: A claim for attorneys’ or pleading fees or their recovery, filed by the attorney or agent against his client or vice versa based on an agreement between the two parties, whether the agreement was before or after filing the lawsuit or judicial request.
A lawsuit for attorneys’ fees is considered by the same circuit that considered the original lawsuit, and the city and address of the defendant must be selected in the same city of the court that considered the original lawsuit, or the court will be modified during the linking process automatically from the system upon referral to the competent circuit. This lawsuit may be from the client or agent, and the requests in it are: (Attorneys’ or agents’ fees in a case – recovery of the amounts paid to the attorney or agent).
B. A claim for damage between merchants due to tortious liability: It is a claim for damage filed by a merchant against a merchant due to his original or subsidiary commercial activities arising from his tortious liability not related to the contracts concluded between them, with the exception of claims related to real estate and claims arising from traffic accidents included in Article (31) of the Sharia Litigation System, in which the requests are: (Compensation for damage between merchants due to tortious liability – lifting the damage occurring between merchants due to tortious liability).

C. Appointed in commercial cases: is any lawsuit or request related to judicial assistants appointed by a decision or ruling issued by a commercial department, such as the judicial guardian, expert, liquidator, arbitrator, bankruptcy trustee, regulatory trustee, evaluator, with the exception of those appointed in arbitration cases, in which the requests are: (dismissal of a judicial assistant – resignation of a judicial assistant – fees of a judicial assistant – refund of fees of a judicial assistant – authorization to act from a judicial assistant – objection to the actions of a judicial assistant – extension of the term of work of a judicial assistant – compensation for those appointed in commercial cases – delivery of documents to those appointed in commercial cases).
D. Payment orders. The request shall be: (Issuing a payment order).
E. Compensation for litigation expenses.
F. Grievance against a payment order: The request shall be: (Cancellation of the payment order).

5- Commercial contracts:

These are the lawsuits filed against the merchant arising from a commercial contract, whether it is a written or unwritten contract.
The lawsuits include the following lawsuits:
A. Lease: These are the lawsuits filed between merchants regarding their commercial activities related to the lease or against the merchant arising from a commercial lease contract in which the value of the original dispute exceeds five hundred thousand, whether it is a written or unwritten contract. Exceptions to this are real estate leases and financial leases, the requests for which are: (rent of a property – termination of a lease contract – compensation in a lease contract – invalidation of a lease contract – delivery of documents in a lease contract – maintenance of the leased property – maintenance value of the leased property – delivery of the leased property).
Such as: equipment leases, cars, scaffolding, etc.
B. Commercial transfer: These are lawsuits filed between merchants regarding their commercial activities related to disputes arising from the transfer contract, whereby the debt is transferred from one person to another, or against the merchant arising from the commercial transfer, the value of the original dispute exceeds five hundred thousand, whether the contract is written or unwritten. The requests include: (Obligating the assignee to pay the debt – invalidating the commercial transfer contract – delivering documents in the commercial transfer contract).

C. Advertising, publicity and marketing: These are lawsuits filed between merchants regarding their commercial activities related to advertising, publicity and marketing, or against the merchant arising from a commercial advertising, publicity and marketing contract, the value of the original dispute exceeds five hundred thousand, whether the contract is written or unwritten. The requests include: (Advertising dues – Termination of an advertising, publicity and marketing contract – Compensation in an advertising, publicity and marketing contract – Penalty clause in an advertising, publicity and marketing contract – Refund in an advertising, publicity and marketing contract – Delivery of documents in an advertising, publicity and marketing contract – Enabling the implementation of the contract).

D. Commercial guarantee: These are lawsuits filed between merchants regarding their commercial activities related to disputes arising from his guarantee of a person due to his commercial activities or against the merchant arising from the commercial guarantee, the value of the original dispute exceeds five hundred thousand, whether the contract is written or unwritten, the requests include: (termination of a commercial guarantee contract – delivery of documents in a commercial guarantee contract).
E. Contracting: These are lawsuits filed between merchants regarding their commercial activities related to disputes arising from the contracting activity or against the merchant arising from the contracting contract if the value of the original dispute exceeds five hundred thousand, whether the contract is written or unwritten, the requests include: (Commercial deductions – preventing the liquidation of the performance guarantee or bank guarantee – returning the amount of the performance guarantee or bank guarantee – continuation of the contract or enabling the subject of the contract – termination of a contracting contract – invalidation of a contracting contract – compensation in a contracting contract – penalty clause in a contracting contract – delivery of documents in a contracting contract – return of equipment and tools in a contracting contract – value of implementation on account).
Example: Building construction contracts such as building, renovation, bridge and tunnel construction, demolition and excavation, operating contracting, maintenance contracting, manufacturing contracting, etc.

F. Offices and shops: These are lawsuits filed between merchants regarding their commercial activities related to the activities of offices and shops or against the merchant arising from contracts for offices and shops, the value of the original dispute exceeds five hundred thousand, whether the contract is written or unwritten, the requests include: (termination of the contract for offices and shops – compensation in the contract for offices and shops – penalty clause in the contract for offices and shops – refund of the price in the contract for offices and shops – delivery of documents in the contract for offices and shops – financial dues in the contract for offices and shops).
G. Transportation: These are lawsuits filed between merchants regarding their commercial activities related to transportation contracts or against the merchant arising from a commercial transportation contract, the value of the original dispute exceeds five hundred thousand, whether the contract is written or unwritten. Whereby the carrier undertakes to transport goods or persons from one point to another, whether the transport is by land or air, in return for a fee, the requests include: (transportation fee – compensation in the transport contract – penalty clause in the transport contract – delivery of the transported item – return of the transport fee – delivery of documents in a transport contract).
H. Sale and supply: These are lawsuits filed between merchants regarding their commercial activities related to sale and supply or against the merchant arising from a commercial sale or supply contract in which the value of the original dispute exceeds five hundred thousand, whether the contract is written or unwritten, whether the contract is for one time or repetitively, the requests include: (cancellation of a sale and supply contract – invalidation of a sale and supply contract – compensation in a sale and supply contract – penalty clause in a sale and supply contract – transfer of ownership of the sold item – delivery of documents in a sale and supply contract – entitlement to a deposit in a sale and supply contract – return of a deposit in a sale or supply – commercial maintenance and repair of a sale and supply).
T. Brokerage: These are lawsuits filed between traders regarding their commercial activities related to brokerage or against the trader arising from a commercial brokerage contract in which the value of the original dispute exceeds five hundred thousand, whether the contract is written or unwritten. The requests include: (request for commission in exchange for brokerage – recovery of commission – proof of a certain percentage of the commission – termination of a brokerage contract – compensation in a brokerage contract – penalty clause in a brokerage contract – delivery of documents in a brokerage contract).

6- Intellectual Property:
These are lawsuits related to intellectual property.
The lawsuits include the following lawsuits:
A. Copyright Protection: These are disputes arising from the application of the provisions of the Copyright Protection System, except for administrative disputes, and the requests in them are: (stopping the attack – canceling an administrative decision – compensation in the Copyright Protection System – compensation for damages in commercial litigation – applying the fines and penalties stipulated in the Copyright Protection System).
B. Patents: These are disputes arising from the application of the provisions of the Patent System, layout designs for integrated circuits, plant varieties and industrial models, except for administrative disputes, and the requests in them are: (preventing the exploitation of patents – canceling an administrative decision of patents – compensation in the Patent System – applying the fines and penalties stipulated in the Patent System – compensation for damages in commercial litigation).
C. Trademarks: These are disputes arising from the application of the provisions of the Trademarks System, except for administrative disputes, and the requests in them are: (compensation in the Commercial Workers System – cancellation of the administrative decision in the Commercial Workers System – cancellation of the trademark – cancellation of the trademark for previous use – stopping the infringement of the trademark – application of fines and penalties stipulated in the Trademarks System – compensation for damages of commercial litigation).

7- Urgent lawsuits:

They are urgent lawsuits that are within the jurisdiction of the Commercial Court.

The lawsuits include the following lawsuits:

A. Precautionary seizure.

B. Judicial custody: This is a lawsuit to demand that the disputed funds be placed in the hands of the person who is responsible for preserving and managing the funds in disputes within the jurisdiction of the Commercial Court.

C. Travel ban: This is a lawsuit to demand that the defendant be prevented from traveling if there are reasons to believe that the defendant’s travel is expected, and that it exposes the plaintiff’s right to danger or delays its performance in disputes within the jurisdiction of the Commercial Court.

– If there is an existing lawsuit between the parties, the plaintiff shall file a counterclaim to prevent travel.

– If the travel ban request is made after the issuance of the judgment, the enforcement court shall have jurisdiction over it.

D. Stopping new works: A lawsuit to demand stopping new works initiated by the defendant that may harm the plaintiff in disputes within the jurisdiction of the commercial court.

– Includes what the commercial court has jurisdiction to consider.

– It is filed as an urgent lawsuit before the completion of the work.

E. Inspection to prove a condition: A lawsuit by an interested party, even if it is potential, to prove the features of a fact that may become the subject of a dispute before the judiciary in the future against the opponent in disputes within the jurisdiction of the commercial court.

F. Stopping execution: A request to stop the execution of decisions issued by enforcement courts.

G. Obtaining a sample of a product: A lawsuit to demand obtaining a sample of a product.

H. Reserving certain documents.

I. Preventing disposal.

J. Permission to dispose.

K. Other urgent requests: These are other urgent requests (according to Article 36 of the Commercial Courts Law).

L. Proof of testimony: This is a lawsuit to prove a testimony that is feared to be lost.

A lawsuit from an interested party, even if it is potential, to prove a testimony that is feared to be lost, and that may become a subject of dispute before the judiciary in the future against the opponent in disputes within the jurisdiction of the Commercial Court.

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This is a brief overview of commercial lawsuits or cases in the Kingdom of Saudi Arabia. If you want legal advice on commercial cases or to appoint a lawyer specialized in commercial cases, Thiqa Law Firm and Legal Consultations has lawyers specialized in commercial cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What are civil lawsuits or cases in the Kingdom of Saudi Arabia?

They are all lawsuits, cases and evidence outside the jurisdiction of other courts and the Board of Grievances.

What is the competent court for civil cases in the Kingdom of Saudi Arabia?

It is the General Court, which is spread across the various governorates and regions of the Kingdom.

What is the jurisdiction of the general courts in the Kingdom of Saudi Arabia?

General courts are competent to consider all lawsuits, cases and final evidence and the like outside the jurisdiction of other courts, notaries public and the Board of Grievances, and in particular they may consider the following:

A – Lawsuits related to real estate, from a dispute over ownership, or a right related to it, or a claim for damage from the real estate itself or from its beneficiaries, or a claim for the establishment of benefits or eviction or payment of rent or contribution to it, or a claim to prevent interference with its possession or recovery, and the like, unless the system provides otherwise.

C – Lawsuits arising from traffic accidents and violations stipulated in the Traffic Law and its executive regulations.

Types and classification of lawsuits or civil cases in which the general courts in the Kingdom of Saudi Arabia have jurisdiction:

Types of civil lawsuits (cases) in the Kingdom of Saudi Arabia in which the general courts “the court” have jurisdiction:

1- Other:

A. Proof of a contract: It is the demand to prove the existence of a contract concluded between the plaintiff and the defendant. It is not necessary for the contract to be written, as it may be an oral agreement.

B. Liability arising from a harmful act: It is the demand to remove harm from those who have an interest in the lawsuit or compensation for it, not including litigation damages and lawsuit expenses, attorney fees, damage to property, traffic accidents and their effects, and the requests in it are: (removal of harm – compensation for harm – payment of the amount of harm).

C. Return of the item: It is a demand to return a movable item – if it exists – or to deliver a similar item – if it has a similar item – otherwise, to pay its value. It includes the return of a deposit – a loan – a stolen item – a sold item – an usurped item. It does not include the demand to return a gift between spouses or a gift to an heir. The requests in it are: (Return of the item – Value of a similar item).

D. Istisna’a contract: It is a demand in a contract for a specific work described in the conscience, in which the worker undertakes to provide the materials with the work for a known price paid by the other party. It includes the demand to complete the agreed upon work, or to deliver the due installments of the price, or to deliver the full price, or to receive the agreed upon work, or to deliver the item. The requests in it are: (Completion of the agreed upon work – delivery of the item – delivery of the due installments of the price – receipt of the agreed upon work – delivery of the full price).

E. Termination or invalidation of a contract: It is a demand to terminate a contract concluded between two or more parties, or to prove its termination, or the invalidity of the contract. The requests in it are: (Termination of a contract – Proof of the termination of a contract – Invalidity of the contract).

F. Division of joint benefits: It is the demand to divide a common benefit in a property, so that the partners may benefit from it jointly in time or place in a specific manner, and the requests in it are: (Division of the benefit by jointly in time – Division of the benefit by jointly in place – Estimation of the expenses of the common property – Leasing the common property due to the impossibility of jointly).

The demand includes: the obligation to divide the benefits, or the expenses of the common property if the existing benefit is jointly, or leasing the common property due to the impossibility of jointly.

G. Demand for documents: It is the demand to deliver paper documents, whether official or ordinary, and the requests in it are: (Proof of non-entitlement – Delivery of documents).

– The demand for delivery includes – Suspension of execution – Invalidation of the instrument – Proof of non-entitlement.

– The subject of the instrument itself must be within the jurisdiction of the general court.

2- Urgent lawsuits:

It is a lawsuit that the system has made urgent for fear of missing time to prevent imminent harm or to verify a right whose evidence is feared to be lost when disputed, and this ruling does not affect the subject of the lawsuit.

A. Judicial custody: It is a lawsuit to demand that the disputed funds be placed in the hands of the person who is responsible for preserving and managing the funds in disputes that fall within the jurisdiction of the General Court, not including if the dispute is related to a company, or a share in a company within an estate.

B. Travel ban: It is a lawsuit to demand that the defendant be prevented from traveling if there are reasons to believe that the defendant’s travel is expected, and that it exposes the plaintiff’s right to danger or delays its performance in disputes that fall within the jurisdiction of the General Court.

– If there is an existing lawsuit between the parties, the plaintiff shall file a counterclaim to prevent travel.

– If the travel ban request is made after the issuance of the judgment, the enforcement court shall have jurisdiction over it.

C. Stopping new works: It is a lawsuit to demand stopping new works that the defendant has started that would harm the plaintiff in disputes that fall within the jurisdiction of the General Court.

– It includes what the General Court has jurisdiction to consider.

– It is filed as an urgent lawsuit before the completion of the work.

– If the work is completed, a “harm removal lawsuit” is filed.

D. Daily or weekly wage of the worker: It is a claim by a joint worker for his wage, and that is from those who must be paid his wage at least once a week.

E. Recovering possession of a property: This lawsuit is specific to real estate and is a request from the person who had the property in his possession and it was taken from him to return it to him.

F. Meanings to prove the condition: It is a lawsuit from an interested party, even if it is potential, to prove the features of a fact that may become the subject of a dispute before the judiciary in the future, or to prove a testimony that is feared to be lost in the face of the opponent in disputes that fall within the jurisdiction of the General Court.

G. Preventing interference with possession: This lawsuit is specific to real estate and is a request by the plaintiff (possessor) to stop the defendant from harassing him in the property under his possession.

H. Precautionary attachment: A request submitted by the plaintiff to attach the defendant’s assets before filing the original lawsuit, which is within the jurisdiction of the general courts.

T. Proof of testimony: A lawsuit by an interested party, even if it is potential, to prove testimony that is feared to be lost, and that may become a subject of dispute before the judiciary in the future against the opponent in disputes within the jurisdiction of the general court.

3- Financial:

It is a claim for a sum of money in a non-traffic accident or urgent request.

A. Proof of mortgage or sale of mortgaged property: It is a claim from the plaintiff to prove mortgage, or sell the mortgaged property, and deliver the debt from its price if the debtor is unable or refuses to pay the debt, unless the reason for the debt is commercial for the debtor, and the requests in it are: (Proof of mortgage – Transfer of ownership of the mortgaged property and calculating its value from the debt – Selling the mortgaged property and collecting the amount of the debt).

B. Return of stolen property: It is a claim from the person from whom it was stolen from the thief to return what he stole, or replace it, including a claim for the equivalent fee from the time of the theft until the stolen money is returned if he has a fee, and the requests in it are: (Return of the stolen money – Fee for the equivalent of the stolen money – Value of the stolen money).

C. Loan: It is the plaintiff’s demand for the defendant to return or pay the value of an item that he delivered to him in order to benefit from it without compensation, and then the defendant refused to return it or lost it or it was damaged, including the demand for the rent of the loan from the time of refusal to deliver it until the ruling to return it, and the requests in it are: (the rent of the loan from the time of refusal to deliver it).

D. Loan or advance: It is the demand to return the amount of a loan or advance, but does not include the demand to return the loan if its reason is commercial and the request in it is: (return the current amount of the loan).

E. Gift of something other than real estate: It is a demand to prove the gift of an item or money, or the demand to deliver it, and the requests in it are: (return of the gifted item – proof of the gift – delivery of the gift).

– Includes the demand to return the gifted item. – Does not include a gift between spouses or a gift to an heir.

F. Attorneys’ or agent’s fees: A claim for attorney’s fees or pleading or their recovery, filed by the attorney or agent against his client or vice versa based on an agreement between the two parties, whether the agreement was before or after filing the lawsuit or judicial request, and the requests in it are: (Attorney’s or agent’s fees in a case – Attorney’s or agent’s fees in a case other than a case – Recovering the amounts paid to the attorney or agent).

– This lawsuit is specific between the client and his agent.

– It is filed in the same court that heard the original lawsuit if it is pleading fees.

– This classification includes a claim for compensation for damages resulting from the agreement between the client and his agent.

– It does not include a claim for fees between the plaintiff and the defendant in the original lawsuit.

Z. Work fees: These are lawsuits related to lease contracts to complete work such as moving furniture, installation, maintenance, etc., and the requests in it are: (Work fees agreed upon in the contract – Return of the amount paid).

– It includes a claim for the financial amount, whether it is the fee agreed upon in the contract, or in excess of it.

– Does not include real estate rent, movable rent, attorney fees, and architectural contracting.

– This classification includes a claim to terminate a contract.

H. Real estate rent: It is a claim for a financial amount resulting from the rent of a real estate owned by the plaintiff, and the requests in it are: (Real estate rent – fair rent for the period exceeding the contract – payment of a utility bill – compensation for damage to the rented property).

– The claim includes amounts for real estate rent, utility bills, or damage.

– Based on the circular of His Excellency the Minister of Justice No. 13/T/8843 dated 19-12-1443 AH, the contract must be registered on the electronic network (Ejar) via the portal https://www.ejar.sa/t.

T. Movable property rent: It is a claim to claim a financial amount resulting from the rent of a movable property, such as cars, equipment, etc., and the requests in it are: (The rent of the property agreed upon in the contract – The rent of the remaining property).

– The claim includes the financial amount, whether it is the rent agreed upon in the contract, or the excess thereof. – It does not include the rent of the property.

J. Compensation for litigation damages: It is the claim for compensation for damages arising from litigation and lawsuit expenses.

– This lawsuit is between the plaintiff and the defendant in the original case.

– It is filed in the same court that heard the original lawsuit.

– It does not include the claim between the client and his agent in the original lawsuit.

K. Sale price: It is the seller’s claim to the buyer for a financial amount resulting from the sale of a fixed or movable property, including the claim to deliver the full price or the remaining amount thereof, or to deliver the current part, or to deliver the current part and deliver the remainder when it is due, and the requests in it are: (deliver the current part – deliver the current part and the remaining part when it is due – deliver the remainder of the price – deliver the full price – deliver the sold item).

L. Transfer of debt from one person to another: It is a claim for a debt owed by the plaintiff by a third party that has been transferred to the defendant. For example: If the plaintiff has a debt owed by Zaid, and Zaid has a debt owed by Amr, and Zaid refers the plaintiff to Amr in order to claim the debt, the plaintiff may file a lawsuit against the assignee, which does not mean a bank transfer, guarantee or warranty, and the request for it is: (Payment of the transfer amount).

M. Partnership in non-real estate properties: It is a claim arising from a partnership in the ownership of a non-real estate property that is not intended for trade, such as cars and the like, including a claim to prove the partnership, or the sale of the property, or the division of the property, or the division of the benefits (sharing), or the benefit fee, or to determine the percentage of the partnership, it does not include the partnership resulting from inheritance, and the requests for it are: (Proof of partnership – sale of the property – division of the benefits – division of the property – benefit fee – proof of the percentage of the partnership).

N. Guarantee: It is the debtor’s demand for the guarantor (guarantor) to pay the debt, regardless of the reason for the debt, including the guarantor’s demand to bring his guarantor, and the requests in it are: (Obligating the guarantor to bring the guarantor – Obligating the guarantor to pay the amount in the event that it is not possible to bring the guarantor – Obligating the guarantor to pay the current amount – Obligating the guarantor to pay the full amount).

Q. Accounting for an agent: It is a demand to hold an agent accountable – not an heir – and obligate him to deliver the covenant he has or the deficit in his account that falls within the jurisdiction of the General Court. It is not necessary to have an agency deed, taking into account what is stated in Article (91) of the Labor Law, and the requests in it are: (Delivering the deficit amount – Paying the value of the goods – Returning the goods and compensating for the decrease in their value – Returning the goods).

A. The guarantor’s claim for the guaranteed person as a guarantor for his sponsored person: It is a financial claim submitted by the guarantor against his sponsored person to deliver a sum of money that he guaranteed for the creditor or to release him (the first right holder), and the requests in it are: (Release from the guarantee – Delivery of the amount paid to the principal in the guarantee contract).

F. Blood money for an injury or blood money in a non-traffic accident: It is the claim for blood money for an injury or blood money for murder or blood money for benefits, arising from non-traffic accidents, and the requests in it are: (Obligating the treasury to pay blood money – Blood money for wounds, cuts and injuries in a non-traffic accident – Blood money for wounds, cuts and injuries – Blood money for an injury or blood money in a non-traffic accident – Obligating the aqila to pay blood money – Blood money estimated by Sharia).

P. Deposit: It is a claim by a person who deposited money (in kind or cash) with another person in order to preserve it for a period of time, then refused to return it or it was damaged or lost due to transgression or negligence, so he requests that he be obligated to return it, or requests that he be obligated to pay the same if it has a similar value, or its value if it was damaged or lost due to transgression or negligence, including the claim for the deposit fee from the time of refusal to deliver it until the ruling to return it, and the requests in it are: (Return of the deposit – the deposit fee from the time of refusal to deliver it – the value of the deposit).

4- Appeal: (Arbitration) in general.

It is the suit that is filed for appeal directly, such as arbitration suits in contracts that are within the jurisdiction of the General Court. They are the suits arising from arbitration disputes in civil suits when there is an agreement on arbitration, and the requests in it are: (appointing the head of the arbitration panel – ending the arbitration procedures – taking temporary or precautionary measures).

The second paragraph of Article 9 of the Arbitration Law states: “2 – The arbitration agreement must be in writing, otherwise it is void.

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This is a brief overview of lawsuits or civil cases in the Kingdom of Saudi Arabia. If you would like legal advice on civil cases or to appoint a lawyer specializing in civil cases in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specializing in civil cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What are criminal lawsuits or cases in the Kingdom of Saudi Arabia?

They are lawsuits resulting from the commission of criminal acts that caused harm to others, and lawsuits related to original lawsuits that fall within the specific jurisdiction of criminal courts.

What is the court competent to consider and adjudicate criminal cases in the Kingdom of Saudi Arabia?

It is the criminal court, as it is spread across the various governorates and regions of the Kingdom.

What are the jurisdictions of the criminal court in the Kingdom of Saudi Arabia?

The Criminal Procedures System in the Kingdom of Saudi Arabia is responsible for clarifying the jurisdiction of criminal courts and the procedures followed before them.

The criminal court is competent to adjudicate:

A- All criminal cases.

B- All matters on which the ruling in the criminal case brought before it depends, unless the system provides otherwise.

C- If the ruling in the criminal case depends on the outcome of the ruling in another criminal case, the case must be suspended until the other case is adjudicated.

The criminal courts in the Kingdom of Saudi Arabia are composed of several specialized departments, which are:

1. Departments of Retribution and Hudud Cases.
2. Discriminatory cases circuits.
3. Juvenile cases circuits.

Types of criminal lawsuits (cases) in the Kingdom of Saudi Arabia:

1- Public right lawsuits:

Public right is the right of the state to take revenge on the criminal and impose legal penalties that deter anyone who dares to commit any criminal crime for which the system imposes a public right penalty.

Public right cases are cases related to crimes that affect the public interest in the state, such as murder or theft. The public right lawsuit is filed by the state, represented by the Public Prosecution, to punish the accused for violating the right of society and the state to demand his punishment for that crime he committed against society.

Imposing legal penalties on public right is of great importance, which lies in the following:

• Achieving equality and justice among members of society.
• Imposing legal penalties on perpetrators and anyone who violates the legal systems established by the state to ensure the security of society and its members.
• Protecting society, its members, its public facilities, their rights and interests.

The public right penalty in Saudi Arabia is considered one of the severe penalties due to the seriousness of the crimes committed in which there is a public right. However, the punishment for public law in Saudi Arabia varies according to the crime committed by the perpetrator and the right violated. The legislator in the Kingdom of Saudi Arabia has established many criminal systems that punish anyone who commits crimes that affect society and affect its members. Among the criminal systems in Saudi Arabia are the following:

• The Penal System for Forgery Crimes.
• The Anti-Human Trafficking System.
• The Weapons and Ammunition System.
• The Anti-Narcotics and Psychotropic Substances System.
• The Anti-Cybercrime System.
• The Anti-Money Laundering System.
• The Anti-Commercial Cover-up System.
• The Anti-Harassment System.
• The Penalty System for Impersonating Public Authority Personnel.

Examples of some cases in public law in the Kingdom of Saudi Arabia are the following:

• Cases of assault.
• Cases of extortion.
• Cases of threats.
• Cases of slander or insults and cursing.
• Cases of bounced checks.
• Cases of drugs and psychotropic substances.
• Cases of terrorism crimes and their financing.
• Cases of financial fraud and breach of trust.
• Cases of impersonating a public authority person.
• Cases of counterfeiting and imitating money.
• Cases of limits.
• Cases of retaliation.
• Cybercrime cases.
• Forgery cases.
• Bribery cases.
• Theft cases.
• Harassment cases.
• Weapons and ammunition cases.
• Commercial cover-up cases.
• Human trafficking cases.
• Harm cases.
• Child protection cases.
• Money laundering cases.

And many other cases for which the public right penalty is imposed on the perpetrators and which threaten the security and safety of the state and society. Accordingly, the perpetrators are sentenced to imprisonment under the public right according to the type of crime committed, its circumstances, and the judge’s discretion in ruling on these crimes.

2- Claiming the private right in criminal or penal lawsuits in the Kingdom of Saudi Arabia:

It is the right that arises for the victim from the perpetrator after he commits a crime against him.

They include: • Forgery • Harm (exploitation, abuse) • Cybercrimes • Harassment (by word, action or gesture) • Struggling or physical assault • False testimony • Theft • Assault on honor (luring for the purpose of indecency, other) • Destruction of property • Shooting • A malicious complaint or lawsuit • Impersonation of another person (public employee, other) • Magic, divination or sorcery • Kidnapping • Murder (intentional, quasi-intentional, attempted murder) • Violation of the sanctity of a place • Insult or cursing • Defamation or defamation of reputation • Blackmail • Fraud and deception • Incitement • Threat (by word, action or gesture)

3- Judicial requests related to criminal or penal cases in the Kingdom of Saudi Arabia:

These are requests related to felonies that are submitted to the court either before filing criminal cases, during their consideration or after ruling on them.

They include:

A. Travel ban: It is an urgent lawsuit to demand that the defendant be prevented from traveling if there are reasons to believe that the defendant’s travel is expected, and that it exposes the plaintiff’s right to danger or delays its performance.

– The subject of the dispute must be within the jurisdiction of the criminal court. – It does not include the request for a travel ban after the issuance of the judgment in the lawsuit. – It does not include the cancellation or lifting of the travel ban.

B. Proof of waiver: It is a criminal termination related to proving the victim or his heirs’ waiver of retaliation or the punishment for slander.

– It does not include the waiver of the crimes included in the lawsuit to claim the private right except for retaliation and the punishment for slander.

C. Delivery of seized items: It is a lawsuit to request the delivery of private seized items held by government agencies (seizure or investigation authorities).

– It does not include the request to return the stolen item filed against individuals, and if the claim is related to that, a lawsuit to return the item can be filed. – It does not include the delivery of seized items if a criminal lawsuit related to the seized items has not been filed in court. The lawsuit must be filed in the same court where the original lawsuit is being heard.

D. Inspection to prove the case: It is a claim by an interested party, even if it is possible, to prove a case that is feared to be lost, and is likely to become a subject of dispute before the judiciary in the future against the opponent in disputes within the jurisdiction of the criminal court.

E. Proof of testimony: It is a claim by an interested party, even if it is possible, to prove a testimony that is feared to be lost, and is likely to become a subject of dispute before the judiciary in the future against the opponent in disputes within the jurisdiction of the criminal court.

F. Grievance against an arrest order: It is a grievance against an arrest order or an extension of the arrest issued by the investigation authorities against the accused during the course of the investigation procedures and which is still in effect.

– The request is submitted by the detainee or his agent or his relative up to the first degree (father, mother, son, daughter). – It does not include objection to the arrest decision issued by the court. – The grievance is submitted to the court before filing the general criminal lawsuit. – The person against whom the arrest order was issued has the right to grievance before the investigation authority in accordance with Article 115 of the Criminal Procedures Law.

4- Limits:

These are lawsuits in which the penalties prescribed by Sharia are demanded for various types of crimes.

The limit of slander is the accusation of adultery or sodomy explicitly or implicitly.

5- Retribution:

These are lawsuits in which the offender is demanded to be punished with a penalty of the same type as his crime, whether the demand is for retribution in the soul or something less than that.

Less than the soul: The demand to destroy an organ of the offender in a manner similar to his crime by cutting it off or destroying its benefit or set-off by wounding him.

In the soul: A lawsuit filed by the blood relatives to demand the killing of the killer in retribution.

6- Financial claims:

These are lawsuits in which blood money, compensation, governments and other financial compensations arising from criminal crimes and related to a case in the public right or an original criminal case are demanded.

Types of lawsuits or cases of financial claims related to criminal or penal lawsuits in the Kingdom of Saudi Arabia:

A. Attorney or agent fees: A claim for attorney or attorney fees or their recovery, filed by the attorney or agent against his client or vice versa based on an agreement between the two parties, whether the agreement was before or after filing the lawsuit or judicial request.

B. Arsh: A claim for compensation for a crime not legally determined before the expiration of the general criminal case.

C. Compensation for imprisonment: A claim for compensation for imprisonment or the period of imprisonment in excess of the period sentenced in the event of a criminal case filed in court.

C. Blood money: A claim in crimes of destruction of life, organs or benefits to claim its blood money legally determined before the expiration of the general criminal case.

D. Return of the property: A claim for the return of an object taken unlawfully before the expiration of the general criminal case.

E. Compensation for litigation damages: A claim for compensation for damages arising from litigation and lawsuit expenses for a previous case pending before the criminal court.

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This is a brief overview of criminal lawsuits or cases in the Kingdom of Saudi Arabia. If you want legal advice on criminal cases or to hire a lawyer specialized in criminal cases, Thiqa Law Firm and Legal Consultations has lawyers specialized in criminal cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

Definition of the Personal Status Law in the Kingdom of Saudi Arabia:

The Personal Status Law in the Kingdom of Saudi Arabia is, in brief, a set of legal rules that regulate the relationship between individuals in terms of kinship, marriage, and what results from it in terms of affinity, birth, guardianship, custody, mutual rights and duties, and what may be affected by its dissolution, which results in rights to alimony, custody, inheritance, and wills.

Jurisdiction of the Personal Status Court in the Kingdom of Saudi Arabia:
It is competent to consider all disputes arising from the marriage contract, kinship, wills, endowments, inheritance, or guardianship over the person or money, and what arises from them, and the Penalties stipulated in the Guardianship System for Minors’ Money in accordance with Article Thirty-Three of the Sharia Procedures System and its Executive Regulations.

Personal Status Courts are competent to consider:

A- All personal status matters, including:

1- Proof of marriage, divorce, khul’, annulment of marriage, return, custody, alimony, and visitation.

2- Proof of endowment, will, lineage, absence, death and limitation of hair.

3- Inheritance and division of the estate including real estate if there is a dispute or a share of endowment, will or absentee.

4- Proof of the appointment of guardians and the establishment of guardians and supervisors, and permission for them to conduct actions that require the court’s permission, and their removal when necessary, and the placement of guardians on fools and lifting it from them.

5- Proof of the power of an attorney of a mute who does not know how to read or write.

6- Marriage of a woman who has no guardian, or whose guardians prevent her.

B- Lawsuits arising from personal status issues.

C- Lawsuits filed to impose the penalties stipulated in the system of the General Authority for Guardianship over the Property of Minors and Those in Their Care.

Types of Personal Status Lawsuits (Cases) in the Kingdom of Saudi Arabia:

1. General Classification:

These are lawsuits related to personal status issues, and related to documents, the gift of one of the spouses or heirs or the revocation thereof, proof of breastfeeding or marriage, the establishment of a judicial guardian, travel ban, request for compensation, lawyers’ or agents’ fees, and objection to the final deed.

Types of General Classification Lawsuits:

A. Establishing a judicial guardian: This is a lawsuit in disputes over a real estate or movable property in which there is a dispute or the right to it is not proven, and it is feared that if it remains in the hands of a possessor of it will be exposed to an urgent danger, so it is temporarily placed in the hands of a trustee who undertakes to preserve it, manage it, and return it with its collected yield to the person who proves the right to it, and the requests in it are: (Establishing a Judicial guardian in an estate – Establishing a judicial guardian in a waqf or will – Establishing a judicial guardian over a person who lacks legal capacity or is under interdiction).

– The real estate or movable property to be placed under judicial custody must be within the jurisdiction of the Personal Status Court, such as the appointment of a judicial custodian in an estate, endowment, will, or in the funds of an incompetent person.

– If a similar case is under consideration (related to the disputed funds or real estate), the request will not be accepted, as the plaintiff must submit a request for that case (judicial custody request) from the requests for cases on the electronic portal .

B. Compensation for litigation damages: It is a lawsuit filed to request material compensation for damages incurred by one of the parties to the dispute as a result of a previous lawsuit pending before the Personal Status Court.

– The compensation claim includes the claim for litigation fees incurred by one of the parties to the dispute against the other as a result of filing the original lawsuit.

C. Attorneys’ or agents’ fees: It is a lawsuit to claim attorneys’ or agents’ fees for the plaintiff in personal status cases, and the requests in it are: (Attorneys’ or agents’ fees in a case – Recovering the amounts paid to the attorney or agent).

– This classification includes the claim for attorney fees if he has taken over the pleading in a case, or judicial custody fees, or guardianship fees unless there is a previous enforceable judgment instrument.

D. Claim for documents: These are lawsuits filed against those who possess official or private documents; Such as documents of the wife, children, or incapacitated person, or estate documents, and the requests in them are: (Documents between spouses – Documents between relatives who are not heirs – Documents between heirs – Endowment or will documents).

– Includes the husband’s request to extract or deliver an official or documentary document to the wife or children, or vice versa.

– Includes the request of adult children for one of the parents to deliver or extract an official or documentary document.

– Includes the request between heirs to deliver everything related to the estate.

– The request is accepted if its content is to extract an identity for the adult Saudi son, so the lawsuit is filed by the adult son or his representative and is submitted with an exception to accept the lawsuit without an identity to the head of the court .

– The application will not be accepted if the request is for documents that can be obtained or extracted, such as a request to hand over the family record, as a Saudi woman can obtain a copy through the Civil Status Department even if she is married, and it is not required to bring a divorce certificate.

– The application will not be accepted if its content is to hand over a certificate of inheritance only without other documents, but an exception is made if the certificate was issued before the implementation of the Judicial Documents Regulations dated 01/26/1440 AH.

– The application will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the Competent authorities first, then submit the application.

H. Objection to a final certificate: It is a lawsuit to object to the certificates issued by the final departments after they have been proven by requesting their amendment or cancellation.

Examples of final certificates: Guardianship certificate, guardianship certificate for a mentally disabled minor, guardianship certificate for a minor, divorce certificate, heirs certificate.

– This classification does not include lawsuits filed to object to (lawsuit documents) such as custody, alimony and visitation.

– The request from the finalist in the final document to request cancellation or amendment is not accepted.

F. Travel ban: An urgent lawsuit to prevent one of the parties from traveling temporarily to avoid the effects or damages that may result from his travel to the other party. The plaintiff is given seven days from the date of filing the lawsuit to file the original lawsuit in dispute, and the request in it is: (Travel ban, personal status).

– This request is accepted if the dispute between the opponents falls within the jurisdiction of the Personal Status Court.

– If there is a case under consideration for the same parties, this request is not accepted, as the plaintiff must submit a counter-claim on that case from the requests on the cases on the electronic portal.

– It does not include a travel ban suit if submitted by the plaintiff and the content of the request is to prevent her husband from issuing a final exit visa for her or her children.

Z. Gift or revocation thereof: These are lawsuits filed against one of the spouses or their families or one of the heirs to request proof of the gift (present) or its return or cancellation, and the requests in them are: (proof of gift – revocation of gift – proof of gift to an heir – cancellation of gift to an heir).

– This classification does not include the claim to return a debt owed between the spouses, whether the claim is during or after the marriage, as these requests are outside the jurisdiction of the Personal Status.

– The jurisdiction of the Personal Status Court is established on the subject of the gift if it is between spouses or heirs only after the death of the testator, and other than that it is outside its jurisdiction.

– The application will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi woman, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the application.

H. Proof of testimony: It is a lawsuit from an interested party, even if it is possible, to prove a testimony that is feared to be lost, and it is likely to become a subject of dispute before the judiciary in the future against the opponent in disputes within the jurisdiction of the Personal Status Court, and the request in it is: (verification to prove a testimony that is feared to be lost).

2. Lawsuits “cases” of custody, visitation and alimony:

These are personal status lawsuits related to custody and handing over a minor to his custodian, alimony, housing, visitation, breastfeeding fees, and a nursing fee.

Types of lawsuits (cases) of custody, visitation and alimony:

A. Breastfeeding or Custody Fee: It is a lawsuit in disputes over breastfeeding or custody fees, and the requests in it are: (breastfeeding fee – custody fee – reduction of breastfeeding fee – reduction of custody fee – cancellation of breastfeeding fee – cancellation of custody fee – return of undeserved nursing fee – return of undeserved nursing fee).

– It is necessary to specify the period of breastfeeding/custody requested, and it is possible to combine past and future.

– The claim for breastfeeding/custody fee before birth is not accepted due to the lack of its cause.

– The request is not accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the request.

B. Handing over a minor to his custodian: It is a lawsuit filed to hand over a child who is not more than seven years old during or after the marriage, and the ruling in it is subject to immediate enforcement as it is one of the urgent lawsuits.

– A request to hand over a minor to his custodian is not accepted if it is filed by the father. The rule is that it should be filed by the mother only, except in exceptional cases such as if the child is in the father’s custody for a long period and the defendant takes the child by force.

C. Custody: It is a lawsuit filed to request the custody of minor children in age or mind in the event of a dispute over their custody, during or after the marriage, and the requests in it are: (a ruling granting the plaintiff custody of the minor – obligating the defendant to have custody of the minor).

– Any relative who has the right to custody may request it, and if the children are in the custody of someone other than the parents, the one who has the right to claim it may file a lawsuit against him.

– If the content of the request is to hand over a minor (under the age of seven) to his custodian urgently, it is necessary to amend the type of lawsuit to (hand over a minor to his custodian) so that the lawsuit is urgent.

– The request from the wife is accepted even if the wife has a custody documentation document as long as there is a dispute.

– The custody request filed by the father will not be accepted if the children whose custody is requested reside with him and the mother does not have a custody deed.

– The request from the wife will not be accepted if she acknowledges that there is no dispute over the custody of the children, and she may submit a request to document custody.

– The custody request from the mother over her children will not be accepted if their father is deceased, and she may submit a request to terminate it to prove guardianship over the minor.

– The request will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, and then submit the request.

D. Minor visitation: It is a lawsuit filed to request seeing the children, during the marriage or after the separation of the parents, and the ruling in it is subject to immediate enforcement as it is an urgent lawsuit, and the requests in it are: (weekly visitation – monthly visitation – quarterly vacation visitation – summer rent visitation – Eid al-Fitr visitation – Eid al-Adha visitation).

– The lawsuit will not be accepted if the age of the minor who is requested to be seen exceeds 7 years.

E. Increasing, decreasing or canceling maintenance: It is a lawsuit in disputes over increasing, decreasing or canceling the alimony awarded, and the requests in it are: (Increasing maintenance – decreasing maintenance – canceling maintenance – returning undeserved maintenance).

– To be accepted, there must be a previous judicial ruling specifying the amount of maintenance, and the plaintiff’s request must be either to increase, decrease or cancel the previously awarded alimony.

F. Visiting children or others: It is a lawsuit in disputes over visiting minors in age or mind, whether submitted by one of the parents or others, and the requests in it are: (Enabling the plaintiff to visit the minor).

– This classification includes visiting children and relatives who are minors in age or mind.

– The request is not accepted if its content is a request for the husband to visit the wife.

– The request to visit children is not accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the request.

– This classification includes a request to visit a minor, or modify visitation times, or not allow the defendant to visit.

Z. Past maintenance: It is a lawsuit in disputes over past maintenance and housing rent, whether for the wife or children during the marriage or after separation, or for those who are required to support them from guardians or agents and others, and the requests in it are: (Past maintenance for the wife and children or one of them – Past housing rent for the wife and children or one of them).

– This classification includes the claim for divorce alimony, waiting period alimony, and pregnancy alimony.

– It is necessary to separate past and future alimony in two separate lawsuits.

– The minor child in custody (age or mind) is not added to the parties to the lawsuit, as his alimony is given to his custodian.

– When claiming past alimony, the plaintiff must be the provider or his heirs after his death.

– The alimony request submitted by the father against the children or their custodian is not accepted unless the request is to cancel or reduce a previous ruling, and the type of lawsuit must be changed to (increase, decrease, or cancel alimony).

– The request is not accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the request.

H. Continuous maintenance: It is a lawsuit in disputes over continuous maintenance and housing rent, whether for the wife or children during the marriage or after separation, or for those who are required to be supported by guardians, agents, and others, and the requests in it are: (continuous maintenance for the wife and children or one of them – continuous housing rent for the wife and children or one of them).

– This classification includes the claim for pregnancy maintenance.

– It is necessary to separate past and ongoing maintenance in two independent lawsuits.

– The minor child in custody (age or mind) is not added to the parties to the lawsuit, as his maintenance is given to his custodian.

– The maintenance request submitted by the father against the children or their custodian is not accepted unless the request is to cancel or reduce a previous ruling, and it is necessary to change the type of lawsuit to (increase, decrease, or cancel maintenance).

– A request for continuous maintenance is not accepted if it is filed by a married daughter against her father, as her maintenance is required by her husband.

– The claim for ongoing maintenance for the fetus before its birth is not accepted, and the pregnant woman may claim pregnancy maintenance.

– The request will not be accepted if the marriage is in violation of the regulations for the marriage of a Saudi man to a non-Saudi woman and a Saudi woman to a non-Saudi, as the marriage status must be corrected through the competent authorities first, then the request must be submitted.

3. Marriage and separation “cases” lawsuits:

These are lawsuits related to proving marriage, divorce, khul’, annulment of marriage, return, dowry, good living, separation between spouses, and marital furniture.

Types of marriage and separation lawsuits (cases):

A. Proof of review: This is a lawsuit filed by the wife or husband to prove the return after divorce.

– The claim for proof of review does not include a request (for the wife to return to the marital home).

– The request will not be accepted if the marriage is in violation of the regulations for the marriage of a Saudi man to a non-Saudi woman and a Saudi woman to a non-Saudi, as the marriage status must be corrected through the competent authorities first, then the request must be submitted.

– The lawsuit is filed in the event of a dispute between the two parties on the subject of proving the return, but if there is no dispute on the subject, a request for documentation of the return can be submitted.

B. Proof of divorce: It is a lawsuit filed by the wife against the husband to request proof of the divorce after it was issued by the husband.

– The request is not accepted if the divorce did not occur or was pronounced, and the type of lawsuit must be modified to one of the separation classifications (dissolution of marriage or khul’).

– The lawsuit is not accepted from the husband, as he can prove his divorce by submitting a request for documentation of divorce.

C. Proof of marriage: These are lawsuits filed by one of the spouses to prove a marriage that is not documented by an official authority.

– If one of the parties is Saudi and the other is not Saudi, the approval of the emirate is required first, then submitting a request for termination to prove the marriage.

– The lawsuit can be filed against the husband’s heirs after his death.

– The lawsuit is filed in the event of a dispute between the two parties on the subject of proving the marriage, but if there is no dispute on the subject, a request for termination to prove the marriage can be submitted.

D. Dowry: A claim for the dowry or part of it during the marriage (for the wife) or after separation, and the requests in it are: (payment of the dowry – return of the dowry).

– The claim includes the dowry or deferred payment or what was presented from the dowry if it was not collected, and what is included in it whether the claim was filed by the husband or the wife.

– The claim is not accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the request.

H. Marital furniture: A claim in disputes to claim marital furniture.

– The request is accepted if it is among the requests to claim marital documents, but if the claim is for marital documents only, it is necessary to change the type of claim to (claim for documents).

– The marital furniture claim does not include a request to recover debt from the husband or stolen goods, as these requests are outside the jurisdiction of personal status.

– The marital furniture lawsuit includes a claim for the value of the furniture in the event that the furniture was disposed of by the defendant, whether by selling it or destroying it.

– The application will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi woman, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the application.

F. Dissolution of a marriage contract: It is a lawsuit filed by one of the spouses against the other to dissolve the marriage contract due to a defect in the other, and the requests in it are: (Dissolution of a marriage contract – Dissolution of a marriage contract with compensation).

– The application will not be accepted if the husband divorced and did not return, as it is necessary to change the type of lawsuit to (Proof of Divorce) in this case.

– The application will not be accepted if it is submitted by the wife and includes a request to deliver the dowry or deferred payment, as it is necessary to change the type of lawsuit to (Dowry).

– The application will be accepted from the husband provided that he declares his desire to dissolve the marriage due to a legitimate excuse, but if his request is to recover the dowry or return the costs of the marriage only without requesting dissolution, it will not be accepted and it is necessary to change the type of lawsuit to (Dowry). If he expresses his desire to divorce his wife without any request, he shall direct the documentation services to document the divorce.

4. Guardianship “cases” lawsuits:

It is the lawsuit filed against the guardian or someone related to him to request a legitimate right such as marriage and proof of lineage, or to preserve money such as guardianship and holding the guardian accountable, or to nullify its justification such as lifting guardianship and denying lineage.

Types of guardianship lawsuits (cases):

A. Proof of lineage or denial of lineage: It is the lawsuit filed by the plaintiff against one of his relatives to prove his lineage, or against someone whose lineage has been attributed to him to request his denial; due to the nullification of its justification.

– The lawsuit to prove/deny paternity filed by the wife against a husband or former husband to prove the paternity of the children, or vice versa.

– The lawsuit to prove paternity filed by the children against one of the parents or relatives.

– The application will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the application.

B. Interdiction or lifting it: is the lawsuit filed by someone who has an interest against someone who is foolish or insane, requesting to prevent him from financial transactions, or the request of the interdiction person to lift that due to the lack of justification.

C. Dismissal of a guardian: is the lawsuit filed against the guardian of a minor in age or mind to remove him from guardianship for a legal justification.

– The lawsuit is submitted to request the removal of the guardian from the General Authority for Guardianship of the Funds of Minors and Those in Their Care, except if the General Authority for Guardianship of the Funds of Minors and Those in Their Care is the guardian of the minor, in which case the lawsuit is submitted by someone who has the capacity to request its removal.

D. Obstruction: It is a lawsuit filed by a woman – or someone with an interest – against her guardian who refused to marry her to her equal, requesting proof of obstruction and transfer of the guardianship of marriage, and the request in it is: (Proof of obstruction and transfer of the guardianship of marriage).

– The request for an obstruction lawsuit is accepted if it is filed by the woman, or someone with an interest in the lawsuit such as her mother or siblings, even in the absence of a suitor, based on the judicial circular issued by the Supreme Judicial Council No. 1410/T and dated 04/21/1441 AH regarding the rules of the obstruction lawsuit.

– The request is accepted if the lawsuit is filed by more than one woman if there is one guardian.

H. Guardian Accountability: It is the lawsuit filed against the guardian of a minor in age or mind regarding the actions he took towards the ward or his money, and demanding the fulfillment of the right from him, and the request in it is: ( Disclosure of the guardian – Establishment of an accountant against the guardian – Recovery from the guardian – Guardian Accountability).

– This classification includes lawsuits to hold the guardian accountable for the minor in terms of age or mind regarding the actions he has taken under the guardianship instrument.

– The request to hold the guardian accountable for the minor in terms of age or mind is accepted if the request for accountability is financial, but if the request is to impose a penalty on the defendant, such as a request to hold the guardian accountable for a crime he committed against his children, then the lawsuit is criminal and falls outside the jurisdiction of the Personal Status Court.

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This is a brief overview of personal lawsuits or cases in the Kingdom of Saudi Arabia. If you want legal advice in personal status cases or to appoint a lawyer specialized in personal status cases in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specialized in personal status cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What are labor lawsuits or cases in the Kingdom of Saudi Arabia?

They are lawsuits related to employment contracts, disciplinary penalties, and the imposition of penalties stipulated in the Labor Law.

What are the jurisdictions of labor courts in the Kingdom of Saudi Arabia?

Labor courts are competent to consider the following:

A – Disputes related to employment contracts, wages, rights, work injuries, and compensation therefor.

B – Disputes related to the employer imposing disciplinary penalties on the worker, or related to the request for exemption from them.

C – Lawsuits filed to impose penalties stipulated in the Labor Law.

D – Disputes resulting from dismissal from work.

E – Complaints of employers and workers whose objections were not accepted against any decision issued by any competent body in the General Organization for Social Insurance, related to the requirement of registration, contributions, or compensation.

F – Disputes related to workers subject to the provisions of the Labor Law, including government workers.

Z- Disputes arising from the application of the Labor Law and the Social Insurance Law, without prejudice to the jurisdiction of other courts and the Board of Grievances.

Types of classification of labor lawsuits or cases in the Kingdom of Saudi Arabia:

1. Objection to decisions.

It is a request to cancel or mitigate administrative decisions issued by the employer, domestic labor committees, or the General Organization for Social Insurance according to the deadlines set by the system before the labor court.

It includes the following lawsuits:

A- Social Insurance: It is a lawsuit filed by the worker or the employer against the General Organization for Social Insurance to demand the cancellation of the registration and subscription decision or compensation after following the procedural sequence stipulated in the Social Insurance Law, and the request is: (Cancel the decision issued by Social Insurance).

– It is necessary to file a complaint with the General Organization for Social Insurance before objecting to the Social Insurance decision. – The lawsuit to object to Social Insurance is filed with the General Organization for Social Insurance.

B- Proof of the correct reason for ending the relationship: It is a lawsuit filed by the worker against the employer to prove the correct reason for ending the labor relationship.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

C- Imposing statutory penalties: It is the lawsuit filed by the Public Prosecutor at the Ministry of Human Resources against the employer to demand the imposition of the statutory penalty, and the requests in it are: (Proof of the violation and imposition of the penalty – seizure of an amount).

– What the Public Prosecutor at the Ministry of Human Resources raises to apply the statutory penalties on those who violate the provisions, regulations or executive decisions of the labor system.

D- A lawsuit to object to the administrative decision of the establishment: It is the lawsuit filed by the worker against the employer to demand the cancellation of the administrative decision or exemption from disciplinary penalties, and the requests in it are: (Re-evaluation of the job – cancellation of the spatial transfer decision – cancellation of the job transfer decision – cancellation of the wage reduction decision – cancellation of the deduction decision – cancellation of the disciplinary penalty decision – amendment of the disciplinary penalty decision).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – Includes the request to cancel the disciplinary penalty decision. – Includes the request to cancel the spatial transfer. – The claim includes canceling the job transfer. – The claim includes canceling the salary reduction. – The claim includes canceling the deductions (suspension from work with deprivation of salary – fines).

– It does not include the commission request, as the commission request is filed in an independent lawsuit.

E- Domestic Service Committees: It is the lawsuit filed by the worker or employer to request canceling the decision issued by the Domestic Labor Committees within the deadlines set for that by the system (which is ten days from receiving the decision subject to the grievance), and the request in it is: (cancelling the decision subject to the grievance).

– It is necessary to file a complaint with the Domestic Service Committees before objecting to the decision of the Domestic Service Committees. – The lawsuit to object to the decisions of the Domestic Service Committees is filed with the Ministry of Human Resources and Social Development.

2. Incidental and urgent requests.

It is a lawsuit that the system has given it the character of urgency for fear of missing time to pay imminent harm or to verify a right whose evidence is feared to be lost when it is disputed.

The following lawsuits include:

A- Travel ban: A lawsuit to demand that the defendant be prevented from traveling if there are reasons to believe that the defendant’s travel is expected, and that it jeopardizes the plaintiff’s right or delays its performance in disputes within the jurisdiction of the labor court

– If there is an existing lawsuit between the parties, the plaintiff shall file a counterclaim to prevent travel. – If the request for travel ban is after the issuance of the judgment, the enforcement court shall have jurisdiction over it.

B- Daily or weekly wage of the worker: It is the lawsuit or request submitted by the male or female worker against the employer to demand the daily or weekly wage that is late in payment when due, including the claim if the plaintiff is a private employee of the defendant.

C- Suspension of execution: It is a request submitted by the person against whom execution is being carried out or by someone with an interest to obtain a judicial decision from the subject court to suspend the executive instrument, such as (a judgment, settlement report, check, decision, or promissory note) subject to execution.

D- Inspection to prove the condition: A lawsuit by an interested party, even if it is potential, to prove the features of a fact that may become the subject of a dispute before the judiciary in the future against the opponent in disputes within the jurisdiction of the labor court.

– Includes proof of inspection of the property to be inspected.

E- Precautionary seizure: A request submitted by an interested party to issue an order to seize the defendant’s property and keep it in his custody for the purpose of collecting the amount claimed.

F. Proof of testimony: A lawsuit by an interested party, even if it is potential, to prove testimony that he fears will be lost against the opponent in disputes within the jurisdiction of the labor court.

3. Financial rights:

These are financial disputes between the worker and the employer that arose under the employment contract or system, such as wages, end-of-service gratuity, commissions, allowances, damages, etc.

Includes the following claims:

A- Reward: The claim filed by the worker against the employer to demand payment of an end-of-service gratuity upon termination of the employment relationship or a gratuity stipulated in the contract or internal work regulations that is overdue, and the requests in it are: (end-of-service gratuity – other gratuity).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the claim. – Includes a claim for an annual gratuity. – Includes a claim for a training gratuity.

– Does not include a claim for an end-of-service gratuity if the employment relationship is ongoing. – Does not include a claim for an end-of-service gratuity if the type of contract is temporary, for some time, flexible, or rehabilitation and training. – Does not include a request for commissions, as a request for commissions is filed in a separate claim form.

B- Attorney or agent fees: It is the lawsuit filed by the attorney or agent against his client (employer or worker) or vice versa to request attorney fees or pleading or recovering the late payment after completing the work, and the requests in it are: (Attorney or agent fees in a case – recovering the amounts paid to the attorney or agent).

– This lawsuit is specific between the agent and his client. – Pleading fees are submitted to the court that considered the original lawsuit. – This classification includes the claim for damages resulting from the agreement between the client and his agent.

– It does not include the claim for fees between the plaintiff and the defendant in the original lawsuit. – It does not include the claim for attorney fees for judgments issued by non-labor courts or circuits. – It does not include the claim for fees for lawsuits considered in labor dispute settlement bodies. – It does not include the claim for attorney fees or pleading before the amicable settlement.

C- Wage: It is the lawsuit filed by the worker against the employer to claim the wages that were delayed when due or the employer’s claim against the worker to recover wages paid without a legitimate reason, and the requests in it are: (delayed wages – overtime – wages for work during official leave – wages for the period of suspension – wage increase difference – deducted wages – delivery of wages for unenjoyed vacations – recovery of wages paid without a legitimate reason).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – Includes the claim for overtime wages. – Includes the claim for wages for work during official leave. – Includes the delivery of wages for unenjoyed vacations. – Includes the claim for wages for the period of suspension. – Includes the claim for the difference in wage increase. – Includes the claim for wage increase. – Includes the claim for deducted wages. – To claim the daily or weekly wage, the type of lawsuit is selected (daily or weekly wage of the worker).

– It does not include the request for commissions, as the request for commissions is filed in a separate lawsuit. – It does not include the claim for wages if the contract type is qualification and training.

D- Allowance: It is the lawsuit filed by the worker to claim the amounts paid by the employer to the worker in exchange for the energy he expends or for the risks he is exposed to in performing his work, which are determined for the worker under the employment contract or the internal work organization regulations, and the requests in it are: (allowance – treatment costs for lack of insurance).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – It includes the claim for housing allowance. – It includes the claim for the nature of work allowance. – It includes the claim for ticket allowance. – It includes the claim for transportation allowance. – It includes the claim for transportation allowance. – It includes the claim for danger allowance. – It includes the claim for subsistence allowance. – It includes the claim for children’s education allowance. – It includes the claim for communication allowance.

– It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit. – It does not include the claim for allowance if the type of contract is qualification and training.

E- Payment or refund of fees: It is the lawsuit filed by the worker against the employer to claim payment of government fees from the competent authorities (Ministry of Interior – Ministry of Human Resources), and the requests in it are: (Refund of government fees paid – Payment of fees).

– It is necessary to apply for the amicable settlement service for labor disputes before filing a lawsuit. – Includes the claim for payment of government fees (residence renewal fees, work permit renewal fees, recruitment fees, profession modification fees, exit and return visa issuance fees, late fees). – Includes the claim for refund of government fees (residence renewal fees, work permit renewal fees, recruitment fees, profession modification fees, exit and return visa issuance fees, late fees).

– Does not include the claim for dependent fees. – Does not include the request for commissions, as the request for commissions is filed in a separate lawsuit. – Does not include the claim for refund of fees if the contract type is flexible or qualification and training. – Includes the worker’s claim for service transfer fees if the employer obliges the worker to pay the costs on his behalf. – The claim for service transfer fees does not include what the employer paid in exchange for transferring the worker’s services to him.

F- Value of the Damaged Item: It is the lawsuit or request submitted by the employer against the worker to claim compensation for the machines or products that the worker has damaged that are owned by the employer or in his custody, and the requests in it are (value of the damaged item – damage compensation).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– The claim does not include the value of the damaged item if the contract type is qualification and training.

Z- Financial amounts spent by the worker for the benefit of the work: It is the lawsuit filed by the worker against the employer to claim the financial amounts he paid by directing the employer to manage the work affairs, and the request in it is: (refund of the amount paid).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – It includes the claim to pay bills or violations. – It includes the claim to cover the financial burden of the facility.

– It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

H- Commissions: It is the lawsuit filed by the worker to claim financial amounts paid by the employer in exchange for what he does in marketing, production or collection and is stipulated in the contract or internal work organization regulations and is considered part of the worker’s actual wage, and the requests in it are, for example: (Sales – Collection – Profits – Net Profits – Other).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– The request for commissions is not combined with other requests.

4. Job rights:

These are non-financial disputes that arise for the worker under the employment contract, system or internal work organization regulations such as travel tickets, return ticket home, promotions, housing, work empowerment, etc.

These include the following lawsuits:

A- Housing insurance: This is the lawsuit filed by the worker against the employer to oblige him to provide the agreed upon housing, and the requests in it are: (Housing insurance according to the contract – Housing insurance according to the internal regulations).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

B- Travel tickets: This is the lawsuit filed by the worker against the employer to oblige him to grant a return ticket to his home country after the end of the contract or to deliver travel tickets according to the entitlement document.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – The claim for travel tickets is filed by a non-Saudi. – Includes annual leave travel tickets. – Includes return travel tickets.

– Does not include the claim for travel tickets if the contract type is for some time, flexible, qualification and training, or (employee). – Does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

C- Promotion or bonus: It is the lawsuit filed by the worker against the employer to demand his promotion to the higher grade he deserves.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – Includes the claim for bonus.

– Does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

D- Placement in a job, modification, or equality in rank: It is the lawsuit filed by the worker against the employer to oblige him to place him, modify, or equalize his due job rank, and the requests in it are: (Placement in a job – Modification of the job rank – Modification of the job rank according to the internal regulations – Job equality).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – Includes the claim for placement in a job. – Includes the claim for modification of the job rank – Includes the claim for job equality.

– It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

E- Delivering a trust or recovering an advance:

Delivering a trust: is the lawsuit or request submitted by the employer against the male or female worker to demand the return of the trust in his or her possession, while recovering a loan: is the lawsuit or request submitted by the employer against the female worker to demand the return of the financial amounts paid to him or her as a loan.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– It does not include the claim for financial trust, as its jurisdiction is with the General Court in accordance with Supreme Court Decision No. 4/3/159 dated 05/26/1441. – It does not include the claim for the recovery of personal advances. – It does not include the financial claim in a lawsuit of the worker’s unlawful seizure of funds. – It does not include the worker’s financial claim in a lawsuit of embezzlement. – It does not include the worker’s financial claim in a lawsuit of breach of trust. – It does not include the worker’s financial claim in a lawsuit of budget deficit.

W- Enabling work: is the lawsuit filed by the worker against the employer to oblige him to perform the agreed-upon work.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– It does not include the claim if the relationship status ended due to a legitimate or illegitimate reason. – It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

5. Documents and papers:

They are disputes arising from documentary claims from the worker against the employer or vice versa that arose under the employment contract or the system or internal work organization regulations such as a copy of the contract, documents deposited with the employer, etc.

They include the following lawsuits:

A- A copy of the employment contract: is the lawsuit filed by the worker against the employer to oblige him to deliver a copy of the employment contract, and the requests in it are: (writing the employment contract – a copy of the employment contract – termination of the employment contract).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

B- Documents and papers: It is the lawsuit filed by the worker against the employer or vice versa to oblige the return of the documents and papers given to him, and the requests in it are, for example: (passport – employment contract – university certificate – medical insurance card – ID – driver’s license – other).

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – Includes the passport. – Includes certificates and other documents related to the worker. – Includes the residence permit – medical insurance document.

– It does not include the request for commissions, as the request for commissions is filed in a separate lawsuit.

C- Service Certificate: It is the lawsuit filed by the worker against the employer to oblige him to hand over the service certificate for the period of his work.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

6. Compensation:

Claims related to financial compensation requested from the worker or the employer.

It includes the following lawsuits:

A. Treatment costs.

B- Compensation for failure to register in insurance: It is the lawsuit filed by the worker against the employer to demand compensation for not registering with social insurance according to the dates set at the beginning of the contract, which leads to the loss of the benefits granted to him under the social insurance system.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – The lawsuit is filed against the employer and not against the General Organization for Social Insurance.

– It does not include the request for registration in social insurance. – It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

C- Termination of the labor relationship by the employer: It is the lawsuit filed by the worker against the employer to claim compensation for terminating the labor relationship for an unlawful reason according to Article 77 of the Labor Law.

– It is necessary to apply for the amicable settlement of labor disputes service before filing the lawsuit.

– It does not include the claim for compensation for terminating the labor relationship if the labor relationship is ongoing. – It does not include the claim for compensation for the absenteeism report. – It does not include the claim for recruitment costs. – It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

D- Termination of the labor relationship by the worker: It is the lawsuit filed by the employer against the worker to claim compensation for terminating the labor relationship for an unlawful reason according to Article 77 of the Labor Law.

– It is necessary to apply for the amicable settlement of labor disputes service before filing the lawsuit.

– It does not include the claim for compensation for terminating the labor relationship if the labor relationship is ongoing. – It does not include the claim for compensation for the absenteeism report. – It does not include the claim for recruitment costs.

E- Employer’s failure to comply with the notice period: is the lawsuit filed by the worker against the employer to claim compensation for not notifying the desire to terminate the employment relationship.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– It does not include the claim for compensation for not adhering to the notice period if the employment relationship is ongoing. – It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit. – It does not include the claim for compensation for not adhering to the notice period in fixed-term contracts.

F- The worker’s failure to comply with the notice period: is the lawsuit filed by the employer against the worker to claim compensation for not notifying the desire to terminate the employment relationship.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– It does not include the claim for compensation for not adhering to the notice period if the employment relationship is ongoing. – It does not include the claim for compensation for not adhering to the notice period in fixed-term contracts. – It does not include the request for commissions, as the request for commissions is filed in an independent lawsuit.

Z- Compensation for litigation damages: is the lawsuit filed by the worker against the employer or vice versa to claim compensation for expenses arising from a case pending in the labor court or labor circuit in the general court, which he incurred due to claiming his labor rights.

– It is filed in the same court that heard the original lawsuit.

– The claim does not include compensation for litigation damages for judgments issued by non-labor courts or circuits. – The claim does not include compensation for litigation damages for lawsuits pending in labor dispute settlement bodies. – – The claim does not include compensation for litigation damages for pleading before an amicable settlement.

H- Leave balance: is a claim for compensation for leave balance.

I- Work injury: is a claim filed by the worker against an employer who is not subject to the (Occupational Hazards Branch) at the General Organization for Social Insurance to claim compensation for a work injury stipulated in the Social Insurance System.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit.

– The claim does not include if the facility is subject to the Occupational Hazards Branch at the General Organization for Social Insurance.

L- Non-competition and protection of secrets: is the lawsuit filed by the employer against the worker to oblige him to implement the non-competition condition or compensation for breach of the condition or compensation for disclosure of secrets.

– It is necessary to apply for the amicable settlement service for labor disputes before filing the lawsuit. – Includes the claim for compensation for unfair competition or disclosure of secrets. – Includes the claim to continue implementing the non-competition condition.

7. Appeal:

The lawsuits that are directly considered by the appeals departments in labor contracts.

Includes the following lawsuit:

Arbitration (labor): are lawsuits arising from arbitration disputes in labor lawsuits when there is an agreement on arbitration.

The following terms contained in this system indicate the meanings shown before them, unless the context requires otherwise: 1- Arbitration agreement: is an agreement between two or more parties to refer to arbitration all or some of the specific disputes that have arisen or may arise between them regarding a specific legal relationship, whether contractual or non-contractual, whether the arbitration agreement is in the form of an arbitration clause included in a contract, or in the form of an independent arbitration agreement. 2 – Arbitration Panel: It is the individual arbitrator or the team of arbitrators who decides the dispute referred to arbitration. 3 – The competent court: It is the court that has the legal jurisdiction to decide the disputes that have been agreed to arbitrate.

The second paragraph of Article Nine of the Arbitration System states: “2 – The arbitration agreement must be in writing, otherwise it is void.”

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This is a brief overview of labor lawsuits or cases in the Kingdom of Saudi Arabia. If you are a worker or an employer and would like legal advice on labor issues or cases or would like to appoint a lawyer specialized in labor cases in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specialized in labor cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What are enforcement lawsuits or cases in the Kingdom of Saudi Arabia?

These are lawsuits that arise due to enforcement, and are related to the availability of conditions for its validity, and are presented by the parties to the dispute or others.

What is the enforcement judge in the Kingdom of Saudi Arabia?

The enforcement judge: The head of the enforcement department and its judges, the judge of the enforcement department, and the judge of the court who is responsible for the duties of the enforcement judge, as the case may be.

What are enforcement disputes?

These are lawsuits that arise due to enforcement, and are related to the availability of conditions for its validity, and are presented by the parties to the enforcement dispute or others.

What are the powers of the enforcement judge in the Kingdom of Saudi Arabia?
The enforcement judge is responsible for the authority of compulsory enforcement and its supervision, and is assisted in this by a sufficient number of enforcement officers, and the provisions contained in the Sharia Litigation System are followed before him unless this system provides otherwise, except for the rulings and decisions issued in administrative and criminal cases.
The enforcement judge is competent to adjudicate enforcement disputes regardless of their value, in accordance with the provisions of the urgent judiciary. He is also competent to issue decisions and orders related to enforcement, and he has the right to order the assistance of the police or the competent force, as well as to order a travel ban and lift it, order imprisonment and release, order the disclosure of assets, and consider an insolvency lawsuit.

What is the territorial jurisdiction of the enforcement judge or the enforcement court in the Kingdom of Saudi Arabia?

1 – In the court circuit that issued the executive instrument.

2 – In the location of the entity in whose region the instrument was created.

3 – In the debtor’s domicile.

4 – In the domicile of the debtor’s real estate or movable property.
The regulations specify the necessary provisions for this article.

What are the types of executive instruments in the Kingdom of Saudi Arabia?
Forcible enforcement is not permitted except by an executive instrument for a right of a specified amount due and payable, and executive instruments are:
1 – Judgments, decisions, and orders issued by the courts.
2 – Arbitrators’ rulings appended to an enforcement order in accordance with the arbitration system.
3 – Minutes of settlement issued by the authorized authorities or approved by the courts.
4 – Commercial papers.
5 – Contracts and authenticated documents.
6 – Judgments, judicial orders, arbitrators’ rulings, and authenticated documents issued in a foreign country.
7 – Ordinary papers whose contents are fully or partially recognized as due.
8 – Contracts and other papers that have the force of an enforcement instrument under a system.

What are the types of enforcement lawsuits or cases in the Kingdom of Saudi Arabia?

1. Refusal to accept the instrument:

It is an objection submitted by the applicant for enforcement to dispute the department’s refusal to implement the enforcement instrument, and the requests in it are: (acceptance of the instrument and its implementation – acceptance of the part that was not implemented).

2. Insolvency or solvency lawsuit:

These are insolvency lawsuits filed by the person against whom the execution is being carried out against the applicants for execution, claiming inability to pay, and solvency lawsuits are filed by the applicant for execution after insolvency is proven to prove the existence of funds for the person against whom the execution is being carried out and requesting execution on them, and the requests in them are: (Proof of insolvency – Proof of solvency).

3. Formal disputes:

A lawsuit filed by the person against whom the execution is being carried out against the applicant for execution to invalidate the executive instrument due to a defect in the form, such as forgery, denial of signature, and lack of formal conditions for the executive instrument.

Types of lawsuits or cases of formal disputes:

A. Lack of a formal condition for the instrument, forgery, or denial of signature: This is a lawsuit filed by the person against whom the execution is being carried out to invalidate the executive instrument due to a defect in the formal conditions of the instrument, or forgery according to the type of instrument, or denial of signature on it, and the request in it is: (Voiding the instrument due to lack of a formal condition for the instrument, or forgery, or denial of signature).

B. Lack of capacity: It is a lawsuit filed by the person against whom the execution is being carried out to stop the execution due to his lack of capacity or the lack of capacity of the person requesting execution, and the request in it is: (Voiding the instrument due to lack of capacity).

4. Non-formal disputes:

A lawsuit filed by the person against whom the execution is being carried out against the person requesting execution to void the instrument of execution due to a defect in form such as forgery, denial of signature, and lack of formal requirements for the instrument of execution.

Types of lawsuits or cases of non-formal disputes:

A. Release after the issuance of the instrument of execution: It is a lawsuit filed by the person against whom the execution is being carried out to request proof of the waiver issued by the person requesting execution after the issuance of the instrument of execution, and the request in it is: (Proof of release).

B. Postponement after the issuance of the instrument of execution: It is a lawsuit filed by the person against whom the execution is being carried out against the person requesting execution to request proof of the postponement of the right in the instrument of execution, and the request in it is: (Proof of postponement).

C. Transfer after the issuance of the instrument of execution: It is a lawsuit filed by the person against whom the execution is being carried out against the person requesting execution to request proof of the referral of the person requesting execution to a third party with regard to the right subject to execution, and the request in it is: (Proof of transfer).

D. Settlement after issuance of the executive instrument: A lawsuit filed by the person against whom the execution is being carried out to request proof of a settlement issued between him and the person requesting execution after the issuance of the executive instrument, and the request in it is: (Proof of settlement).

E. The seized money exceeds the amount of the debt claimed: It is a lawsuit filed by the person against whom the execution is being carried out against the person requesting execution to request proof that the seized money exceeds the debt owed by him and to lift the seizure from the excess, and the request in it is: (Lift the seizure from the excess money).

F. Settlement pursuant to an executive instrument: It is a lawsuit filed by the person against whom the execution is being carried out against the person requesting execution to request deducting the amount of the claim between them from another amount proven to him by an executive instrument against the person requesting execution, and the request in it is: (Conducting the settling).

G. Payment after issuance of the executive instrument: It is a lawsuit filed by the person against whom the execution is being carried out to prove payment of the amount of the claim or part thereof after the issuance of the executive instrument, and the request in it is: (Proof of payment).

H. The occupant’s refusal to vacate the property due to his holding an enforceable instrument: This is a lawsuit filed by the occupant of the property against the person requesting enforcement, in which he refuses to vacate the property for which a judicial order to vacate has been issued, other than against him, due to his holding an enforceable instrument that allows him to remain in the property subject to the eviction. The requests in it are: (suspension of enforcement and cancellation of the eviction order – delivery of the property subject to enforcement).

A. Collusion during the auction or influencing the auction price: It is a lawsuit filed by the applicant for execution or the person against whom execution is being carried out or others to request proof of collusion during the auction or influencing its price, and the request in it is: (Return of the amount of the bid).

J. Return of what was collected in error: It is a lawsuit filed by the person against whom execution is being carried out to request the return of what was collected in error, this does not include deposits made to the court’s account by mistake, and the request in it is: (Return of what was collected in error).

K. Validity of the report of the garnishee of what is in his possession: It is a lawsuit filed by the person against whom execution is being carried out to request consideration of the validity of the report of the garnishee of what is in his possession, and the request in it is: (Correction of the report).

L. Defect in the sold item: It is a lawsuit filed by the buyer of the sold item through the court and alleges the existence of a defect in it, and the requests in it are: (Proof of the annulment of the sale – Return of what was paid as the price of the sale – Return of the deposit amount – Reimbursement of the deficiency for a defect in the sold item – Return of the amount of the bid for a defect in the sold item – Return of the difference in the bid for a defect in the sold item).

M. Compensation claim: It is a claim to claim compensation for damages arising from execution, not including attorney fees filed between the attorney and the applicant for execution, nor litigation damages due to its special classification, and the request in it is: (compensation).

N. Dispute over the judicial custodian’s fee, accounting or replacement: It is a claim filed by one of the parties to execution or the judicial custodian to dispute the judicial custodian’s fee, replacement or accounting, and the requests in it are: (Adjusting the judicial custodian’s fee – replacing the judicial custodian – accounting for the judicial custodian).

Q. Settlement: It is a claim filed to dispute the settlement procedure on the money of the person against whom execution is being carried out due to its insufficiency for all creditors or its jurisdiction over it, and the request in it is: (Objection to the minutes).

A. Attorney or agent fees: It is a claim for attorney or pleading fees or their recovery as a result of an executive dispute, filed by the attorney or agent against his client or vice versa, and the requests in it are: (Attorney or agent fees in a case – Recovering the amounts paid to the attorney or agent).

The attorney fees claim is considered by the same circuit that considered the original case, and the city and address of the defendant must be selected in the same city as the court that considered the original case, or the court will be modified during the linking process automatically from the system regarding referral to the competent circuit.

F. Compensation for litigation damages: It is a claim for compensation for damages arising from litigation and lawsuit expenses, the request in it is: (Compensation for litigation damages implementation).

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This is a brief overview of enforcement lawsuits or cases in the Kingdom of Saudi Arabia. If you want legal advice on enforcement cases or to appoint a lawyer specialized in enforcement cases, Thiqa Law Firm and Legal Consultations has lawyers specialized in enforcement cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What are termination cases or termination lawsuits in the Kingdom of Saudi Arabia:

It is the request submitted by a person to the court requesting that he be given a proof document or permissions without facing an opponent.

What is the sub-classification of the lawsuit for termination cases in the Kingdom of Saudi Arabia:

Heirs.
Wilayat (Wilaya).
Social proofs.
Waqfs and wills.
Permissions.
Amendments to deeds.

What are the types of termination lawsuits or termination cases in the Kingdom of Saudi Arabia:

1. Heirs:

Types of heirs’ termination lawsuits:

A. Division of an estate by mutual consent in the presence of a minor, absentee, missing person, endowment or will.

Note: Division of the estate in the event of a dispute, in this case an estate division lawsuit is filed with the Personal Status.

B. Statement of the shares of the heirs in the presence of a minor, absentee, missing person, endowment or will.

C. Proof of death or confinement of the heirs of a deceased in special cases.

2. Guardianships:

They are terminations related to guardianships over a minor in age or mind or lost property.

For example: establishing guardianship over a minor in age or mind or lost property, continuing guardianship over a minor in mind, proving the maturity of a minor in mind.

Types of lawsuits to terminate guardianship or guardianships:

A. Establishing guardianship over a minor in age.

B. Establishing guardianship over a minor in mind.

C. Proving the maturity of a minor in mind.

D. Terminating guardianship at the request of the guardian.

E. Estimating the maintenance of a minor.

F. Terminating guardianship due to the death of the guardian.

G. Establishing guardianship over lost or absent property.

H. Terminating guardianship over lost property.

I. Guardianship, care and custody of an orphan or people with special needs.

3. Social proofs:

For example: Approval of early marriage, proof of guardians’ absence from the woman for the purpose of marriage, marriage contract under the guardianship of the judge, proof of the closest guardian for marriage, proof of loss and absence.

Types of social proof termination claims:

A. Waiver of blood money or unintentional and quasi-intentional injury.

It is a termination that includes the waiver of the right holder in a traffic accident or the like, of blood money or injury compensation with or without compensation, if the killing or injury was by mistake. The presence of the waiver is not required if the waiver is without compensation, and the requests in it are: (Waiver of blood money for a deceased in unintentional and quasi-intentional killing – Waiver of blood money for injury without compensation – Waiver of blood money for injury with compensation).

B. Approval of early marriage.

C. Proof of the separation of guardians from the woman for the purpose of marriage.

D. Marriage contract under the jurisdiction of the judge, and the requests in it are: (Marriage contract under the jurisdiction of the judge – Correction of a previous marriage contract).

E. Proof of the closest guardian for marriage.

F. Proof of loss and absence.

G. Proof of the condition of a missing person being cleared of safety and presence.

H. Proof of the crescent sighting certificate.

4. Endowments and Wills:

These are the terminations related to endowments and wills.

Such as: appointing a supervisor for an endowment, authorization to dispose of endowment or will property, amending and adding to the endowment or will deed, investor requesting cancellation or amendment to the investment contract authorized by the court.

Types of lawsuits to terminate endowments and wills:

A. Appointing a supervisor for an endowment.

B. Authorization to dispose of endowment or will property.

C. Amending and adding to the endowment or will deed.

D. Investor requesting cancellation or amendment to the investment contract authorized by the court.

E. Handing over endowment or will funds deposited with the General Authority for Endowments.

F. Appointing a supervisor for an endowment or will.

G. Resignation of an endowment or will supervisor.

H. Proof of an endowment or will for a deceased person, including an absent, minor, or missing person among the heirs.

5. Permissions:

It is the permission to dispose of the property of a minor, missing or absent person.

Types of lawsuits to terminate permissions:

A. Permission to dispose of the property of a minor, missing or absent person.

6. Amendments to deeds:

They are the terminations related to amendments to real estate or final deeds.

Such as: marginalization on a real estate deed, amendment and marginalization on a final deed, replacement of a lost or damaged deed

Types of lawsuits to terminate amendments to deeds:

A. Amendment and marginalization on a final deed.

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This is a brief overview of termination lawsuits in the Kingdom of Saudi Arabia. If you would like legal advice or to appoint a lawyer specialized in termination lawsuits in the Kingdom of Saudi Arabia, you can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From inside the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What are real estate lawsuits or cases in the Kingdom of Saudi Arabia?

They are disputes over a property or a right related to it.

Jurisdiction of courts in real estate cases in the Kingdom of Saudi Arabia:

The principle of real estate cases is that they fall within the jurisdiction of the general courts competent to consider them, with the exception of matters, namely:

1- Real estate contributions arising before 22/8/1426 AH, which are competent to consider the Real Estate Contributions Committee.

2- Requests for fortification: which are competent to consider the Committee for Considering Requests for Proof of Real Estate Ownership (Ihkam Platform).

3- Commercial lawsuits related to the property, such as the property being part of a commercial deal or the property being owned by a company in which the partners are in dispute, which are competent to consider the commercial courts.

4- Inheritance lawsuits related to the property, such as it being part of an inheritance in which the heirs are in dispute, which are competent to consider the personal status courts.

5- Financial lease contract lawsuits related to a property, which are competent to consider the committees for resolving financial disputes and violations.

6- Appealing the decisions of the real estate expropriation committees for the public benefit, and the Administrative Court of the Board of Grievances is competent to consider them.

What are the types of real estate lawsuits or cases in the Kingdom of Saudi Arabia?

1. Building construction contracts: It is a lawsuit in disputes over building construction contracting work that changes the condition of the property, which is filed against a non-merchant or against a merchant for his original or subsidiary non-commercial work, including, for example: construction, restoration, demolition and excavation, and the requests in it are: (continuation of the construction contracting contract – maintenance in a building construction contract – repair in a building construction contract – invalidation of a building construction contract – termination of a building construction contract – compensation in a building construction contract – penalty clause in a building construction contract – execution by way of compensation).

– It includes a claim for a sum of money, or termination of the contract, or penalty clause, or starting or completing work, or compensation, or financial dues for additional work.

2. Real Estate Ownership: It is a claim to prove ownership of the real estate in the possession of the defendant or part of it for any reason of ownership such as purchase, gift, etc., and the requests in it are: (Proof of ownership of the real estate – cancellation of a deed – vacating the specified part – proving ownership of the specified part – releasing the mortgage on the real estate).

– This does not include the claim of overlapping real estate and requests for deeds of fortification, nor the gift between spouses or the gift to an heir

3. Eviction of a real estate: It is a claim to remove the occupant from a real estate whose benefit is owned by the plaintiff, and the requests in it are: (termination of the rental contract and eviction of the real estate – eviction of the disputed real estate – proof of the termination of the contract and eviction of the real estate).

– Includes the claim to terminate the contract. – Based on the circular of His Excellency the Minister of Justice No. 13/T/8843 dated 19-12-1443 AH, the contract must be registered in the electronic network (Ejar) via the portal https://www.ejar.sa/t

4. Overlapping real estate: It is a dispute over the ownership of part of a property between neighbors due to overlap, and the requests in it are: (Lifting the hand from the property – Proving the invalidity of the defendant’s ownership of this part).

5. Division of joint real estate: It is a lawsuit in a property owned by more than one person, filed by one or some of them against the rest of the partners demanding a forced division and handing over his share of the property, and the requests in it are: (Dissolving the partnership by dividing the property and handing over his share of it – Dissolving the partnership by selling the property and handing over his share of the price).

– Includes demanding a ruling to dissolve the partnership and hand over his share of the joint property, or selling the property and handing over his share of the price. – This classification does not include joint real estate by inheritance and has not been previously divided. – It does not include real estate owned by companies subject to the companies system. – Does not include the division of consent.

6. Real estate contribution: These are claims related to contributions that were contracted between two or more parties, one of whom is called a shareholder and the other a manager of the contribution, and the manager of the contribution undertakes to trade in a specific property, and the shares are equal, and the owners of the shares share in the profit and loss, and this includes lawsuits related to real estate contributions in an indivisible connection, and lawsuits arising from them or resulting from them, which fall within the jurisdiction of the general courts and outside the jurisdiction of the Real Estate Contributions Committee (liquidation), and the requests in them are: (contribution profits – liquidation of the contribution – proof of real estate contribution – return of the capital of the contribution).

– It is required that the lawsuit be in a specific and defined property. – It is required that the lawsuit be related to the real estate contribution in an indivisible connection, or arise from it or result from it.

7. Masa’il or Hama: It is a lawsuit in real estate disputes related to the dispute over the watercourse to the farms, or the farms’ Hama, which is disputed as a facility for the farm, and is not included in the plaintiff’s ownership deed of the property, and the requests in it are: (lifting the hand in dispute – returning the stream to its course – dividing the water between the beneficiaries – closing the water course – preventing the transfer of sand and soil – canceling the deed or the part overlapping with the disputed area – preventing exposure to the disputed area – lifting the hand in dispute).

8. Right of pre-emption: It is a claim for the right of pre-emption in a property sold by a partner in the property, or a participant in the facilities, or a neighbor, and the requests in it are: (Proof of pre-emption and ruling to own the property).

9. Digression: It is a claim to oblige the defendant to open a road or return it to what it was, and the requests in it are: (opening a road for crossing – enabling me to cross).

The most important real estate systems, circulars, decisions and real estate controls in the Kingdom of Saudi Arabia:

1. The system of real estate registration.

2. Time-sharing system in tourism real estate units.

3. Non-Saudis’ ownership and investment system.

4. Regulating the ownership of real estate by GCC citizens in GCC member states for the purpose of housing and investment.

5. Decision regulating the relationship between the tenant (investor) and government agencies regarding long-term real estate investment contracts.

6. Real estate expropriation system for public benefit and temporary seizure of real estate.

7. Municipal real estate disposal system.

8. Real Estate Contributions System.

9. Controls for offering real estate contributions.

10. Registered Real Estate Mortgage System.

11. State Real Estate Rental System.

12. Regulation of the General Housing Authority.

13. Regulation of Housing Support.

14. Barren Land Distribution System.

15. Roads and Buildings System.

16. White Land Fees System.

17. Saudi Building Code Implementation System.

18. Contractors Classification System.

19. Regulation of the General Authority for State Real Estate.

20. Organizational Arrangements for the General Authority for State Real Estate.

21. Regulations for Disposing of State Real Estate, Second Edition.

22. Controls for Allocating, Recovering and Transferring Real Estate between Government Agencies.

23. Rules for Monitoring State Real Estate and Removing Encroachments.

24. Instructions for Implementing the Regulations for Disposing of State Real Estate.

25. Controls for Government Agencies to Rent Real Estate Outside the Kingdom.

26. Rules and mechanism of work of committees to review real estate ownership applications.

27. Controls on state ownership of real estate.

28. Documentation system.

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This is a brief overview of real estate lawsuits or cases in the Kingdom of Saudi Arabia. If you want legal advice on real estate cases or to appoint a lawyer specialized in real estate cases, Thiqa Law Firm and Legal Consultations has lawyers specialized in real estate cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What are the lawsuits (cases) for the division of estates, inheritance or inheritance in the Kingdom of Saudi Arabia:

They are lawsuits filed by one or more heirs against the rest, requesting the delivery of the legal share of the deceased’s estate, whether it is real estate, movable property, prices, cash, or shares, or requesting the accountability of the heir who disposed of the estate under a power of attorney.

Types of lawsuits (cases) for the division of estates in the Kingdom of Saudi Arabia:

A. A lawsuit for the division of an estate of more than fifty million riyals: These are lawsuits filed by one or more heirs against the rest, requesting the delivery of the legal share of the deceased’s estate that exceeds one hundred million riyals, whether it is real estate, movable property, prices, cash, or shares.

– Based on the circular of His Excellency the Minister of Justice No. 1545/T dated 11/25/1441 AH, the consideration of large lawsuits (in which the value of the claim exceeds 50 million riyals) is limited to the courts of the following cities (Riyadh – Medina – Dammam – Abha – Jeddah).

– It is necessary to add all the heirs to the parties to the lawsuit according to the heirs’ inventory deed, and to add the guardian of the minor to the parties to the lawsuit (if there is a minor claimant), and if there is a deceased among them, it is necessary to add his heirs.

B. Division of a real estate estate: These are lawsuits filed by one or more heirs against the rest requesting the delivery of the legal share of the deceased’s property, and the requests in them are: (disclosure of the estate – division of the estate – delivery of my share of the estate – sale of real estate and delivery of my share of the estate).

– It is not acceptable to combine the division of a real estate and financial estate in one request.

– It is not acceptable to combine the request to oblige the defendant to disclose the estate and the request for division.

– It is necessary to add all the heirs to the parties to the lawsuit according to the heirs’ inventory deed, and to add the guardian of the minor to the parties to the lawsuit (if there is a minor claimant), and if there is a deceased among them, he is not added to the parties to the lawsuit, but his heirs must be added.

– If the disputed property deed is with the plaintiff, it must be updated to accept the request.

– The request is accepted if it is stated that the property is owned by the deceased, even if it is registered in the name of one of the heirs, as long as he does not dispute its ownership. However, if there is a dispute over ownership, the request is not accepted, and in this case the plaintiff must first submit a request to prove ownership of the property before the General Court, then submit a request to divide the estate of the property.

C. Division of a financial estate: These are lawsuits filed by one or more heirs against the rest, requesting the delivery of the legal share of the deceased’s financial estate: cash, shares, prices, or movables, and the requests in them are: (disclosure of the estate – division of the estate – delivery of my share of the estate – sale of movables and delivery of my share of the estate).

– It is necessary to add all the heirs to the parties to the lawsuit according to the heirs’ inventory deed and add the guardian of the minor to the parties to the lawsuit (if there is a minor plaintiff), and if there is a deceased among them, his heirs must be added.

– It is not acceptable to combine the division of a real estate and a financial estate in one request.

– It is not acceptable to combine the request for disclosure of the estate with the request for division.

D. Accounting for an estate: These are lawsuits filed by one or more heirs against the heir who disposed of the estate, or the liquidator, or the judicial guardian, requesting disclosure or delivery of his share of the estate, or his failure to do so, and the requests in them are: (disclosure of the dispositions of my share of the estate – appointing an accountant and delivering my share – recovering my share of the estate – accounting).

– The lawsuit includes holding the agent accountable for the request for disclosure, or delivery of a share of the estate, or holding him accountable for his dispositions of the estate.

– The agent must be an heir for the request to be accepted in the personal status courts, otherwise it is outside their jurisdiction.

– The request to hold the heir accountable for his dispositions of the estate is accepted without a power of attorney.

– If the principal is alive, the request for accountability from others is not accepted except by power of attorney or guardianship.

(Terminations in Estates Inheritance Inheritance in the Kingdom of Saudi Arabia)

What is meant by terminations in estates inheritance?

It is the request submitted by a person to the court requesting that he be given a document of proof or permissions related to the estate inheritance without facing an opponent.

What are the types of terminations in estates inheritance:

A. Division of an estate by mutual consent in the presence of a minor, absentee, missing person, endowment or will.

Note: Division of the estate in the event of a dispute, in this case a lawsuit for division of the estate is filed with the Personal Status.

B. Statement of the shares of the heirs in the presence of a minor, absentee, missing person, endowment or will.

C. Proof of death or limitation of the heirs of a deceased in special cases.

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This is a brief overview of inheritance lawsuits in the Kingdom of Saudi Arabia. If you would like legal advice on inheritance lawsuits or to hire a lawyer specializing in inheritance lawsuits in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specializing in inheritance lawsuits.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What are the lawsuits (cases) of endowments and wills in the Kingdom of Saudi Arabia:

They are the lawsuits filed against the founder or the testator or their heirs regarding (proving or invalidating the endowment or will), or filed against the supervisor regarding (proving entitlement or its delivery – holding the supervisor accountable or removing him).

Types of lawsuits (cases) of endowments and wills in the Kingdom of Saudi Arabia:

A. Invalidation of an endowment or will: It is the lawsuit filed by the heir or an interested party against the founder or his heirs or the heirs of the testator regarding the invalidation of an endowment or will, and the requests in it are: (Invalidation of an endowment against the founder – Invalidation of an endowment against the heirs of the founder – Invalidation of a will).

– This classification does not include the demand to hold the supervisor of the endowment accountable for his negligence or failure that caused the endowment to be suspended, as the suspension of the endowment means the demand to invalidate the endowment proof deed for any reason.

B. Proof of Waqf or Will: is the lawsuit filed by the supervisor, heir, beneficiary or interested party against the founder, his heirs or the heirs of the testator regarding proving a Waqf or Will, and the requests in it are: (Proof of Waqf against the founder – Proof of Waqf against the heirs of the founder – Proof of a Will).

– A request to prove Waqf or Will is not accepted if the founder or testator is alive.

– This classification does not include the request to appoint a supervisor for a Waqf or Will, as this request is submitted as a termination.

C. Entitlement to Waqf or Will: is the lawsuit filed by the beneficiary in the Waqf or Will requesting proof of his entitlement or delivery of his share, and the requests in it are: (Proof of entitlement to Waqf – Delivery of entitlement to Waqf – Proof of entitlement to a Will – Delivery of entitlement to a Will – Dispute in an investment or construction contract).

– This classification includes a request to prove entitlement, delivery of entitlement, or consideration of disputes in investment contracts or Waqf construction.

D. Dismissal of a Waqf or Will Supervisor: is a lawsuit filed by the heir or beneficiary against the supervisor or trustee requesting his removal from the supervision of the Waqf or Will for a legal justification.

– It does not include a lawsuit to dismiss a Waqf or Will Supervisor if it is filed against someone other than the supervisor of the Waqf or the trustee.

– A request to dismiss a Waqf or Will Supervisor is accepted if the request includes the appointment of a new supervisor.

H. Accountability of a Waqf or Will Supervisor: is a lawsuit filed by the heir or beneficiary against the supervisor, trustee or disposer of the Waqf or Will regarding his accountability for his negligence or breach of the Waqf or Will, and the requests in it are: (Disclosure of a Waqf or Will Supervisor – Appointment of an Accountant against a Waqf or Will Supervisor – Accountability of a Waqf or Will Supervisor).

(Terminations in Waqf and Wills in the Kingdom of Saudi Arabia)

What is meant by terminations in Waqf and Wills?

It is the request submitted by a person to the court requesting to be given a document of proof or permissions related to endowments and wills without facing an opponent.

Types of terminations in endowments and wills:

A. Appointing a supervisor over an endowment.

B. Permission to dispose of endowment or will property.

C. Amending and adding to the endowment or will deed.

D. Requesting the investor to cancel or amend the investment contract authorized by the court.

E. Handing over the endowment or will funds deposited with the General Authority for Endowments.

F. Appointing a supervisor over an endowment or will.

G. Resignation of an supervisor over an endowment or will.

H. Proving an endowment or will for a deceased person among whose heirs is an absent, minor, or missing person.

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This is a brief overview of endowment and wills lawsuits or cases in the Kingdom of Saudi Arabia. If you would like legal advice on endowment and wills cases or to appoint a lawyer specialized in endowment and wills cases in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specialized in endowment and wills cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What are traffic lawsuits or cases in the Kingdom of Saudi Arabia?

It is a claim arising from an incident in which one of the parties is a moving vehicle and results in human or material damages unintentionally.

What is the competent court to consider traffic lawsuits or cases in the Kingdom of Saudi Arabia?

Traffic cases are considered in the General Court or in the Traffic Circuits, which are judicial circuits under the jurisdiction of the General Courts.

What is the subject-matter jurisdiction of the Traffic Circuits in the Kingdom of Saudi Arabia?

They are competent in lawsuits arising from traffic accidents, and lawsuits arising from violations of the Traffic Law and its Executive Regulations.

What is the territorial jurisdiction of traffic lawsuits or cases?

The dispute occurred in the country of the defendant.

If the accident occurred in a country other than the country of the defendant, the plaintiff has the option to file the case in the country of the defendant or in the court of the country in which the accident occurred.

What are the types of traffic cases considered in the general courts or traffic circuits?

Private right arising from a traffic accident: It is a claim for a private right arising from an incident in which one of the parties is a moving vehicle and results in human or material damages unintentionally.

(damage compensation – vehicle shipping fee – modification of damage assessment – modification of the percentage of responsibility in the accident – compensation for wounds, cuts and injuries in a traffic accident – blood money for wounds, cuts and injuries in a traffic accident – accident assessment fees – compensation for damages to a non-vehicle – value of damages to a non-vehicle – compensation for damages arising from a traffic accident).

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This is a brief overview of traffic lawsuits or cases in the Kingdom of Saudi Arabia. If you would like legal advice on traffic cases or to appoint a lawyer specializing in traffic cases in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specializing in traffic cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From inside the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

The jurisdiction of the Committee for Settlement of Tax Violations and Disputes in the Kingdom of Saudi Arabia:

A – Settling violations, disputes, and public and private rights lawsuits arising from the application of the provisions of the tax systems and their regulations, and the decisions and instructions issued based on them.

B – Settling objections of interested parties to the decisions issued by the Authority in application of the provisions of the tax systems and their regulations, and the decisions and instructions issued based on them.

The Settlement Committee has all the necessary powers to investigate and settle lawsuits that fall within its jurisdiction, including the authority to summon witnesses, order the submission of evidence and documents, issue decisions, and impose penalties.

The jurisdiction of the Committee for Settlement of Customs Violations and Disputes in the Kingdom of Saudi Arabia:

The departments of the Customs Settlement Committee are competent to:

A – Customs smuggling crimes and the like, and the attempt to commit any of them.

B – Violations included in the Unified Customs System, its Executive Regulations and its Explanatory Memorandum.

C – Objections to collection decisions issued by the Authority.

D- Objections submitted to decisions issued regarding collected customs fines stipulated in the Unified Customs System, its Executive Regulations and its Explanatory Memorandum.

The Adjudication Committee has all the necessary powers to investigate and adjudicate cases within its jurisdiction, including the authority to summon witnesses, order the submission of evidence and documents, issue decisions, and impose penalties.

Types of zakat, tax and customs cases in the Kingdom of Saudi Arabia:

Zakat: Accounts linkage – Estimated linkage.

Income Tax: Linkage – Fine – Linkage and Fine.
Value Added Tax: Revaluation Declaration – Fine – Fine and Declaration – Fine for non-registration – Fine for late submission of declarations – Fine for tax evasion – Refund requests.
Excise tax: Revaluation declaration – Fine – Fine and declaration – Fine for non-registration – Fine for late filing of declarations – Fine for tax evasion.
Withholding tax: Declaration – Fine – Fine and declaration.
Zakat and income tax: Assessment – Assessment and fine.
Zakat and income tax and withholding: Assessment – Assessment and fine.
Zakat and withholding tax: Assessment – Fine – Fine and declaration.
Income tax and withholding: Assessment – Fine – Fine and declaration.
Real estate transactions tax: Reassessment – Refund requests – Fines.
Customs fine: Fine decisions Import and export violations – Fine decisions Customs data violations – Fine decisions Transit goods violations – Fine decisions Warehouse violations – Fine decisions Customs supervised zone violations – Fine decisions Temporary entry violations – Fine decisions Re-export violations – Collection decisions Re-estimation of the value of low-value invoices – Collection decisions Re-estimation of the value of the customs tariff item – Collection decisions International agreements Closing fees – Collection decisions International agreements Exemptions – Mixed – Other.

Administrative Customs: Fines decisions Import and export violations – Fines decisions Customs data violations – Fines decisions Transit goods violations – Fines decisions Warehouse violations – Fines decisions Customs areas violations – Fines decisions Temporary entry violations – Fines decisions Re-export violations – Collection decisions Re-estimation of the value of low-value invoices – Collection decisions Re-estimation of the value of the customs tariff item – Collection decisions International agreements Closing fees – Collection decisions International agreements Exemptions – Mixed – Other.

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This is a brief overview of zakat, tax and customs lawsuits or cases in the Kingdom of Saudi Arabia. If you want legal advice on zakat, tax and customs cases or to appoint a lawyer specialized in zakat, tax and customs cases, Thiqa Law Firm and Legal Consultations has lawyers specialized in zakat, tax and customs cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What is the “Overview” of the General Secretariat of Insurance Disputes and Violations Resolution Committees in the Kingdom of Saudi Arabia?

The entry of the insurance sector into the economic world and Saudi society has become a major turning point, as this sector, with all its technical components that distinguish it from other sectors, has become one of the most important pillars of the modern economy. This development came with the decision of His Excellency the Minister of Finance No. (1/9288) dated (22/09/1426 AH), which was the starting point for establishing the General Secretariat of Insurance Disputes and Violations Resolution Committees, as the committees are considered an integrated body that is responsible for resolving disputes and violations that reach them through the General Secretariat of the Committees. The General Secretariat’s achievement of its role is translated into several tasks stipulated in the rules of work of the committees issued pursuant to Cabinet Resolution No. (190) dated (09/05/1435 AH), as the General Secretariat undertakes all administrative work related to the tasks of the committees and conducting research, studies and consultations, as well as completing the administrative procedures prior to presenting the lawsuits. Disputes before the committees, which vary between registering, arranging and numbering lawsuits, to the tasks of notifying the dates of sessions before the committees, and the subsequent work of control and correspondence between the parties to the lawsuits. The role of the General Secretariat also expands to include proposing reconciliation procedures between the parties to the lawsuits, which results in the amicable termination of some lawsuits before presenting them to the committees. The tasks of the General Secretariat also extend to include the stage following the issuance of decisions by the committees, so that the Secretariat classifies and delivers them to the parties. The work of the General Secretariat of the committees also extends to include conducting annual statistics on the committees’ decisions and the duration of litigation before them. In addition to the aforementioned work of the General Secretariat, any other procedure that falls within its tasks is added to what is specified by the ministerial decision.

What is the formation of the General Secretariat of the Primary Committees for Settling Insurance Disputes and Violations in the Kingdom of Saudi Arabia?

The primary committees are formed by a decision of the Council of Ministers, from three full-time members – if possible – with specializations, at least one of whom is a legal advisor, for a period of three years, renewable.

Committees:
• Primary Committee in Riyadh.
• Primary Committee in Jeddah Governorate.
• Primary Committee in Dammam.

What is the jurisdiction of the General Secretariat of Insurance Disputes and Violations Resolution Committees in the Kingdom of Saudi Arabia?

• All disputes arising from insurance contracts.

Disputes between insurance companies and reinsurance companies or practitioners of liberal professions related to insurance activity.

Violation of regulatory and supervisory instructions for insurance and reinsurance companies or any of these two activities.

Violations by practitioners of liberal professions.

Violations arising from the application of the system.

If the violation involves a crime, the committee shall refer it to the Public Prosecution, and if the prosecution deems that there is no reason to file the case in the criminal aspect, it shall return the papers to the committee to consider the violation and take the necessary action regarding it.

What is the territorial jurisdiction of the General Secretariat of Insurance Disputes and Violations Resolution Committees in the Kingdom of Saudi Arabia?

According to Ministerial Resolution No. (1648) dated (27/05/1436 AH), the territorial jurisdiction of the primary committees shall be as follows:

– The Primary Committee in Riyadh City: It is competent to consider disputes and violations occurring in: (Riyadh Region – Qassim Region – Northern Borders Region – Hail Region – Al-Jawf Region).
– The Primary Committee in Jeddah Governorate: It is competent to consider disputes and violations occurring in: (Makkah Region – Madinah Region – Jazan Region – Asir Region – Al-Baha Region – Najran Region – Tabuk Region).
– The Primary Committee in Dammam City: It is competent to consider disputes and violations occurring in: (Eastern Region).

What is the formation of the General Secretariat of the Appeal Committees for Settling Insurance Disputes and Violations in the Kingdom of Saudi Arabia?

The Appeal Committee shall be formed by royal order from a minimum of three full-time advisors – if possible – with expertise and experience in the jurisprudence of transactions and insurance, and the membership term shall be three years, renewable.

Where is the headquarters of the Appeal Committee for Settling Insurance Disputes and Violations in the Kingdom of Saudi Arabia?

The city of Riyadh.

What is the jurisdiction of the Appeal Committees for Settling Insurance Disputes and Violations in the Kingdom of Saudi Arabia?

Adjudicating grievances submitted by interested parties against the decisions of the primary committees, and it is permissible to suffice with reviewing the decision in cases where the amount decided is less than fifty thousand riyals, and the decisions of the Appeal Committee shall be final and not subject to appeal.

What are the claims or cases of insurance disputes and violations in the Kingdom of Saudi Arabia?

1- Compensation 2- Insurance premiums.

Claims include: (third party car insurance – comprehensive car insurance – breach of fidelity insurance – engineering insurance – personal accident insurance – marine hull insurance – marine insurance for goods and transportation – theft insurance – travel insurance – money insurance – protection and savings insurance – fire insurance – civil liability insurance – product liability insurance – transportation insurance – medical malpractice insurance – medical insurance – property insurance – home insurance – professional liability insurance – credit insurance – energy insurance – aviation insurance – other insurances).

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This is a brief overview of insurance lawsuits or cases, disputes and violations in the Kingdom of Saudi Arabia. If you would like legal advice on insurance disputes and violations or to appoint a lawyer specialized in insurance disputes and violations, Thiqa Law Firm and Legal Consultations has lawyers specialized in insurance disputes and violations.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What is the “Overview” of the Initial General Secretariat of the Securities Disputes Resolution Committee in the Kingdom of Saudi Arabia?

The General Secretariat of the Securities Disputes Resolution Committees contributes to developing an integrated framework of services that support the work of the resolution committees in carrying out their tasks in a manner consistent with the Capital Market Law.

“Securities disputes” also require a professional and specialized entity, with accelerated performance that is in line with the nature of these transactions, in a market full of variables that affect the pace of its performance. As financial activity is of a complex technical nature, and enjoys special customs that are internationally recognized, which adds difficulty and complexity to the disputes arising from it. In addition, the repercussions of resolving these disputes leave a clear imprint on the stability of financial and economic conditions.

Therefore, the Capital Market Law has assigned the consideration of these disputes to a specialized committee whose members have experience in commercial, financial and securities issues. The system also took into account the specificity of these disputes and required the committee to initiate the lawsuit within a period not exceeding fourteen days from the date of filing it with the committee.

To enable the Securities Disputes Resolution Committee to exercise its powers in these disputes, the system granted in paragraph (a) of Article Thirty all the necessary powers to investigate and resolve the lawsuit, including the authority to summon witnesses, order the submission of evidence and documents, issue decisions, and impose penalties.

In addition, the system has specified a number of powers for the resolution committees, which are represented in considering the grievance against the decisions and procedures issued by the Capital Market Authority or the market or the depository center or the clearing center, in what is known as (administrative lawsuit), and considering lawsuits related to the Capital Market System, its executive regulations, and the regulations of the Authority, the market, the depository center and the clearing center and their rules and instructions, in addition to what the Companies Law has decided regarding the jurisdiction regarding listed joint stock companies, in what is known as (civil lawsuit), and it also decides on the lawsuit filed against violators of the Capital Market System and its executive regulations in what is known as (criminal lawsuit).

These specific jurisdictions are exercised on a broad geographical level that includes all cities and governorates of the Kingdom of Saudi Arabia, thus acquiring exceptional jurisdictional jurisdiction with regard to these judicial jurisdictions.

The system also authorized the Capital Market Authority to prepare regulations and rules that specify the procedures that the committee must follow regarding the lawsuit submitted to it, as the system does not permit the filing of any lawsuit with the committee unless the complaint is first filed with the authority, and unless a period of ninety days has passed since that filing, unless the authority notifies the complainant of the permissibility of filing it as a lawsuit with the committee before the expiry of this period.

The settlement committee is formed from one or more departments, and the number of members of each department is three original members and an alternate member, whose chairman and members are appointed by royal order in accordance with what is stipulated in paragraph (b) of Article Thirty of the Capital Market Law. To provide greater guarantees, the Capital Market Law stipulated that the member directly examining these disputes should not have a direct or indirect financial or commercial interest with the claimants, or a kinship relationship with them up to the fourth degree.

What are the powers and competencies of the Primary Secretariat of the Securities Disputes Resolution Committee in the Kingdom of Saudi Arabia?

The Capital Market Law established the “Securities Disputes Resolution Committee” in consideration of the requirements of disputes arising from the application of the provisions of the Capital Market Law, its executive regulations, and the regulations, rules and instructions of the Authority and the Market in public and private rights. Since financial activity is of a complex technical nature, and enjoys special customs that are internationally recognized, which adds difficulty and complexity to those disputes arising from it. In addition, the repercussions of resolving those disputes leave a clear imprint on the stability of financial and economic conditions.

Since the Capital Market Law has addressed multiple provisions, the Committee exercises its powers to consider those provisions, which can be summarized in the following specific competencies:

• Considering the grievance against the decisions and procedures issued by the Capital Market Authority or the Saudi Capital Market, in what is known as (administrative lawsuit).
• Considering the lawsuits arising between investors within the framework of the provisions of the Capital Market Law, its implementing regulations, and the regulations, rules and instructions of the Authority and the Market in public and private rights, known as (civil lawsuit).
• The lawsuit filed by the Capital Market Authority – as a public prosecution body – against violators of the provisions of the Capital Market Law and its implementing regulations, known as (criminal lawsuit).

These specific jurisdictions are currently exercised on a wide geographical level that includes all cities and governorates of the Kingdom of Saudi Arabia, thus acquiring jurisdictional jurisdiction with regard to these jurisdictions. As limiting jurisdiction to one committee is more likely to unify judicial directives and principles, and to focus and harness capabilities in order to establish the concept of justice in resolving these disputes.

Committee powers.

The Capital Market System has been keen to grant the Settlement Committee broad powers that enable it to exercise its jurisdiction to the broadest extent, in order to consider disputes comprehensively and settle them accurately, as follows:

• Granting it all the necessary powers to investigate and settle the complaint and lawsuit.
• The authority to summon witnesses.
• Issuing the necessary decisions to settle the lawsuit.
• Imposing penalties.
• Ordering the submission of evidence and documents.
• Issuing a decision for compensation.
• Restoring the situation to what it was, or issuing another decision that is appropriate and guarantees the right of the injured party.

What is the “About” about the General Secretariat of the Appeal of the Securities Disputes Resolution Committee in the Kingdom of Saudi Arabia?

The formation of the “Securities Disputes Appeal Committee” comes as an extension of ensuring the right of litigants in securities disputes to obtain a set of guarantees, including the right to litigate in two levels, so that the party who has not registered his conviction to accept the decision issued by the Securities Disputes Resolution Committee (first-degree court) can refer the dispute to the Securities Disputes Appeal Committee (second-degree court) with a different formation from the first level. Paragraph (t) of Article Thirty decided to form a committee called the “Securities Disputes Appeal Committee” that is competent to consider objections to the decisions of the Securities Disputes Resolution Committee, based on the information established in the case file, and the decisions of the Appeal Committee are final.

The Appeal Committee shall consist of one or more departments, and the number of members of each department shall be three original members and an alternate member, whose chairman and members shall be appointed by royal order in accordance with what was decided in paragraph (i) of Article Thirty of the Capital Market Law. The Capital Market Law stipulated that the member directly examining the case shall not have a direct or indirect financial or commercial interest with the claimants, or a kinship relationship with them up to the fourth degree.​

What are the powers and authorities of the General Secretariat of the Appeal Committee for the Resolution of Securities Disputes in the Kingdom of Saudi Arabia?

The Appeal Committee for Securities Disputes is an extension of the powers of the Committee for the Resolution of Specific Securities Disputes, stipulated in paragraph (a) of Article Thirty of the Capital Market Law, which stipulated its jurisdiction to resolve disputes that fall within the scope of the provisions of the law, its implementing regulations, and the regulations, rules and instructions of the Authority and the Market in public and private rights. It shall also be competent to consider grievances against decisions and procedures issued by the Authority or the Market.

Thus, it has territorial jurisdiction, as the Committee exercises comprehensive territorial jurisdiction over all parts of the Kingdom of Saudi Arabia. The specific jurisdiction is to consider appeals against decisions of the Committee for Settlement of Claims between Investors with respect to the Capital Market Law, its executive regulations, and the regulations, rules and instructions of the Authority and the Market in public and private rights, known as (civil lawsuits). It also decides on appeals against decisions of the Committee for Settlement of Claims filed by the Capital Market Authority against violators of the Capital Market Law and its executive regulations, known as (criminal lawsuits). It also decides on appeals issued by the Committee for Settlement of Grievances against decisions and procedures issued by the Authority or the Market, known as (administrative lawsuits).

Powers of the Appeal Committee:

Article Thirty, Paragraph (a) defines the powers of the “Appeal Committee for Securities Disputes” in dealing with appeals against decisions of the Committee for Settlement of Securities Disputes, which are as follows:

1. Refuse to consider decisions issued by the Committee for Settlement of Securities Disputes.

2. Confirm decisions issued by the Committee for Settlement of Securities Disputes.

3. ​Reconsidering the complaint or lawsuit again based on the information established in the lawsuit file before the Securities Disputes Resolution Committee, and issuing the decision it deems appropriate on the subject of the complaint or lawsuit.

Nature of decisions:

The decisions issued by the Appeal Committee in this regard are final decisions, not subject to appeal.

What are the types of lawsuits or cases of the General Secretariat of the Securities Disputes Resolution Committee in the Kingdom of Saudi Arabia?

The cases include: 1- Civil 2- Criminal 3- Administrative.

(Sale trading of shares – Execution of a securities deal – Return of subscribed shares – Fraud and manipulation in the financial market – Sale of shares in installments to obtain financing – Allocation of a securities deal – Appeal against a decision to suspend trading – Disappearance of shares from the client’s portfolio – Subscription in a company not listed on the financial market – Compensation for damages resulting from violating the financial market system – Allocation of the value of the deal – Redemption of units in an investment fund – Delay in allocating shares – Subscription to increase the capital of a company listed on the financial market – Disposal of investment units mortgaged against an installment sale contract – Sale of shares to a company not listed on the financial market – Seizing a portfolio – Disappearance of securities – Delay in executing a securities deal – Disposal of shares mortgaged by Murabaha contracts – Compensation – Obtaining shares for the purpose of financing – Special contracts concluded between traders – Selling a security without permission – Execution of a security deal without a balance – Seizing an investment portfolio – Prohibition of trading in securities from the source – Investment portfolio services – Damages and compensation due to violators of the regulations).

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This is a brief overview of securities dispute lawsuits or cases in the Kingdom of Saudi Arabia. If you would like legal advice on securities dispute cases or to hire a lawyer specialized in securities dispute cases, Thiqa Law Firm and Legal Consultations has lawyers specialized in securities dispute cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

About the Banking Disputes Committee in the Kingdom of Saudi Arabia:

Royal Order No. (729/8) dated 10/7/1407 AH was issued, which included in its second article the formation of a committee in the Saudi Arabian Monetary Agency (the Saudi Central Bank) of three specialists to study cases between banks and their customers in order to settle disputes and find appropriate solutions between the two parties in accordance with the agreements signed between them.

This was followed by the issuance of Royal Order No. (37441) dated 11/8/1433 AH, which included in its first clause amending the name of the (Banking Disputes Settlement Committee) to become (Banking Disputes Committee) and it shall be competent to adjudicate original banking disputes and subsidiary banking disputes. The second clause of the aforementioned Royal Order stipulated that the Committee shall be composed of one or more departments of three members and an alternate member, and the head of each department and its members shall be appointed by Royal Order for a renewable period of four years. The third clause stipulated that the Committee’s decisions shall be issued by majority and that these decisions shall be subject to appeal before the Appeals Committee within thirty days from the date specified for receiving a copy of the decision, otherwise the decision shall not be subject to appeal before any other party. The Banking Committee has been working since 1408 AH. Since then, the Committee, represented by its former and current members, has made every effort to establish justice and provide redress to those whose rights have been violated or lost, and to restore rights to their owners. Since its establishment, the Committee has included in its membership a number of specialists who are proficient in law, banking and financial transactions, and economics.

The authority of the Banking Disputes Committee in the Kingdom of Saudi Arabia:

The organizer was keen to grant the Banking Disputes Committee the necessary powers to adjudicate the dispute and issue a decision on it. To do so, it may submit the agreements concluded between the two parties and the documents supporting the lawsuit and seek technical expertise. The committee was also granted the aim of obligating the debtor to implement the final decisions related to its jurisdiction, issuing decisions to seize his bank and investment accounts and his dues with government agencies, as well as preventing him from dealing with government agencies and banks, and preventing him from traveling. The committee may also include its decisions with immediate enforcement in accordance with specific cases. Royal Order No. (37441) dated 8/11/1433 AH stipulated that the relevant authorities – each according to its jurisdiction – must implement the final decisions issued by any of the committees, the decisions of the Executive Committee, and the decisions covered by immediate enforcement.

Appeal Committee for Banking Disputes and Violations in the Kingdom of Saudi Arabia:
The fourth clause of Royal Decree No. (37441) dated 8/11/1433 AH stipulated the establishment of (Appeal Committee for Banking Disputes and Violations) consisting of one or more departments of three members and an alternate member. The committee is responsible for considering objections submitted against the decisions of the Banking Disputes Committee, and is also responsible for considering objections submitted against the decisions of the Committee for Settlement of Violations of the Banking Control System stipulated in Article (Twenty-Five) of the Banking Control System issued by Royal Decree No. (M / 5) dated 2/22/1386 AH. The same clause also stipulated that the decisions issued by the Appeal Committee for Banking Disputes and Violations are not subject to appeal before any other party.

Committee for the Resolution of Financial Violations and Disputes in the Kingdom of Saudi Arabia:
Royal Decree No. (M/51) dated 13/8/1433 AH was issued, which included in its third clause the formation of a committee called the “Committee for the Resolution of Financial Violations and Disputes”, provided that the committee consists of one or more departments, and the committee’s decisions are issued by majority vote, and its decisions may be objected to within thirty days from the date of notification of the decision, otherwise the decision becomes final and cannot be appealed before any other party.

Competencies and powers of the Committee for the Resolution of Financial Violations and Disputes in the Kingdom of Saudi Arabia:

The aforementioned third clause included that the committee shall be competent to do the following:

1. Resolving violations, disputes, and public and private rights lawsuits arising from the application of the provisions of the Finance Companies Control System and the provisions of the Finance Leasing System and their regulations, rules, and instructions.
2. Resolving grievances of stakeholders against relevant decisions of the Saudi Arabian Monetary Agency, provided that the grievance is submitted within sixty days from the date of notification of the decision.
3. All necessary powers to investigate and adjudicate cases – within its jurisdiction – including the authority to summon witnesses, issue decisions, impose penalties, and order the submission of evidence and documents.

The Royal Decree also specified the cases that do not fall within the jurisdiction of the Committee, which are as follows:

1. Resolving disputes arising from real estate financing contracts concluded between beneficiaries and real estate financiers, and financial lease contracts if the subject of the dispute is a real right to a property.
2. Resolving disputes over securities arising from financing activity.
About the Appeal Committee for Settling Financial Violations and Disputes in the Kingdom of Saudi Arabia:

Royal Decree No. (259) dated 8/12/1433 AH stipulated in its fifth clause that an Appeal Committee shall be formed and shall consist of one or more departments, each department consisting of three members and a fourth reserve member with experience, provided that one of them has a legal qualification, and it shall be competent to settle objections submitted against the decisions of the Committee for Settling Financial Violations and Disputes, so that its decisions shall be issued by majority and shall be final and not subject to appeal before any other party.

The Committee for the Review of Violations of the Credit Information System in the Kingdom of Saudi Arabia:
The Committee for the Review of Violations of the Credit Information System was established pursuant to Article Fourteen of the Credit Information System issued by Royal Decree No. (M / 37) dated 5/7/1429 AH.

The powers and authorities of the Committee for the Review of Violations of the Credit Information System in the Kingdom of Saudi Arabia:

Article Fourteen of the Credit Information System included the text of the formation of the committee, which shall be competent to do the following:

1. Consider violations and resolve disputes and disagreements that arise between consumers, members and companies, as well as public right lawsuits arising from the application of the provisions of the Credit Information System and its executive regulations.
2. Imposing criminal penalties on anyone who commits any violation of the provisions of the Credit Information System and its executive regulations.
3. Article Fifteen of the Credit Information System also states that anyone who has suffered harm resulting from committing the violations stipulated in the Credit Information System may – after a decision is issued by the committee – resort to the competent judicial authority to request compensation for the damages incurred.
4. Article 52 of the Executive Regulations of the Credit Information System stipulates that the person harmed by the commission of violations of this system must submit a complaint to the Credit Information Company before submitting his complaint to the Committee for consideration and adjudication.

The person aggrieved by the Committee’s decisions may appeal to the Board of Grievances within (sixty) days from the date of notification of the decision.

Legal cases and lawsuits of the Banking Disputes and Violations Committees in the Kingdom of Saudi Arabia:

Automated teller lawsuit, including: (deposit – cash withdrawal – denial of the withdrawal or deposit process – transfer – other).

A current account lawsuit, including: (deposit through the branch – cash withdrawal through the branch – transfer through the branch or application or online – current account – objection to opening an account without approval – objection to a transfer process that was not completed – objection to a transfer process that was not completed – objection to a process recorded in the account statement, such as fraud, transfer, points of sale, withdrawal, payment, or other – objection to delaying the issuance or delivery of the card – objection to freezing the account – objection to delay or request to update account data – objection to delay or request to issue a settlement – other).

Personal finance lawsuit including: (Request to reschedule debt – Objection to deducting more than the monthly installment – Objection to the percentage of the monthly installment deduction – Objection to deducting the installment before the deduction date – Objection to the percentage of the profit margin – Objection to fees and commissions – Objection to the early repayment amount – Objection to the request to issue a settlement – Request to issue a letter of proof of debt – Objection to delaying the deposit of the financing amount – Objection to granting financing without approval – Exemption from debt for death or total disability – Other).

A lawsuit to freeze an account including: (Lifting the freeze on the entire account – Lifting the freeze on a specific amount – Returning the deducted amounts – Compensation – Other)

A credit card lawsuit including: (Rescheduling – Exemption from debt – Objection to point-of-sale transactions – Objection to transactions made after the card was stolen – Request to obtain a final settlement – Update the debt – Forgery of documents – Other).

Lawsuits of the Committees for Settlement of Violations and Financial Disputes:

A real estate lawsuit, including: (a real right on a property, such as transferring ownership, repairing damages, or lifting a mortgage – a claim for housing support amounts – a claim for real estate transaction tax or value added tax – rescheduling of the entire debt and the last payment – exemption from the debt due to death or total disability – objection to the variable rate of the cyber – objection to early payment – request to obtain a final clearance – delay in emptying the property – administrative fees for real estate valuation – forgery of documents – delay in delivering the property, selling on the map – disbursement of self-construction payments – objection to the regular deduction rate).

Consumer finance claim including: (Rescheduling the entire debt due to a change in mandatory circumstances such as retirement at the regular age or dismissal from work or changing optional circumstances such as early retirement or changing jobs – Exemption from debt due to death or total disability – Objection to deduction such as repeated deduction or deduction at a date other than the due date – Deduction of an amount not due – Request for a final settlement – Objection to early payment – Objection to a standing order – Determination of debt – Forgery of documents – Other).

A finance lease claim involving a vehicle including: (Removal of a vehicle – Total destruction of a vehicle – Partial destruction of a vehicle – Insurance – Manufacturing defect – Objection to the early payment amount – Objection to the deduction – Transfer of ownership – Rescheduling the entire debt, the last payment – Exemption due to death or total disability – Request for a final settlement – Other).

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This is a brief overview of banking and financial disputes and violations and the credit information system lawsuits or cases in the Kingdom of Saudi Arabia. If you would like legal advice on banking and financial disputes and violations and the credit information system or to appoint a lawyer specialized in banking and financial disputes and violations and the credit information system, Thiqa Law Firm and Legal Consultations has lawyers specialized in banking and financial disputes and violations and the credit information system.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

Notarization Service (Notary):

It is a set of procedures that ensure proof of the right in a manner that can be argued in accordance with the provisions of the Notarization System. Notarization is done by a notary licensed by the Saudi Ministry of Justice.

The category benefiting or targeted by the service: Individuals (citizen – resident) – institutions – companies.

Types of notarization services and their cost:

1. Emptying real estate ownership deeds (750) Saudi riyals.
2. Agency and its cancellation (500) Saudi riyals.
3. Mortgage, its release and amendment (750) Saudi riyals.
4. Companies’ articles of association, amendment appendices, and decisions of those authorized therein (1000) Saudi riyals.
5. Minutes of general assemblies of companies (1000) Saudi riyals.
6. Transactions and contracts related to trademarks, patents, and copyrights (1000) Saudi riyals.
7. Contracts related to movable property (750) Saudi riyals.
8. Acknowledgment of attendance and fine guarantee (750) Saudi riyals.
9. Acknowledgement of financial amounts and movables, receipt and waiver of them (1000) Saudi Riyals.

Note: The cost recorded above is to conduct the required documentation process within the company’s headquarters in Riyadh, and if the customer wishes to document outside the company’s headquarters, the cost will be agreed upon.

Service times: Daily throughout the week, even outside the official working hours of the notary public and on official holidays without the need to visit the notary public.

To request the notary public service “notarization” in Riyadh, you can contact us:

Notary / Abdullah Al-Aradi

0592777746

0112048444

About the Administrative Court (Board of Grievances) in the Kingdom of Saudi Arabia:

The Board of Grievances is an independent administrative judiciary body directly linked to the King, seeking to establish justice, fairness and effective judicial oversight of the work of the administration through the lawsuits before it; to ensure the proper application of the systems and regulations and enable the right holder to have means of grievance, in a manner that guarantees the protection of rights, the application of Sharia provisions, the achievement of justice and the redress of grievances. Therefore, the Kingdom of Saudi Arabia has been keen since its unification to allocate a body to adjudicate grievances until the features of the Board of Grievances became clear and its jurisdictions were determined by Royal Decree No. (M/78) dated 9/19/1428 AH, and the system of litigation before it issued by Royal Decree No. (M/3) dated 1/22/1435 AH.

The administrative courts (Board of Grievances) are composed according to Article (8) of its system of the following:

1. The Supreme Administrative Court.
2. Administrative Courts of Appeal.
3. Administrative Courts.

These courts exercise their jurisdictions in accordance with Article 9 of the Court’s system through circuits composed of three judges, and administrative courts may be formed of one judge.

The following is a statement of the jurisdictions of these courts:

First: The Supreme Administrative Court:

The Supreme Administrative Court, in accordance with Article 11 of the Court’s system, has jurisdiction to consider objections to rulings issued by administrative appeal courts, if the objection to the ruling is as follows:

A. Violation of the provisions of Islamic Sharia, or regulations that do not conflict with them, or an error in their application or interpretation, including a violation of a judicial principle decided in a ruling issued by the Supreme Administrative Court.

B. Issuance by an incompetent court.

C. Issuance by a court not formed in accordance with the system.

D. Error in classifying the incident, or in describing it.

E. Its settlement in a dispute contrary to another ruling previously issued between the two parties to the lawsuit.

F. Conflict of jurisdiction between the Court’s courts.

Second: Administrative Courts of Appeal:

According to Article 12 of the Bureau’s System, the Administrative Courts of Appeal are competent to consider the appealable rulings issued by the Administrative Courts, and to rule after hearing the statements of the opponents in accordance with the procedures prescribed by the system.

Third: Administrative Courts:

According to Article 13 of the Bureau’s System, the Administrative Courts are competent to adjudicate the following:

A. Claims related to the rights stipulated in the civil and military service and retirement systems for government employees and workers and agencies with independent public legal personality or their heirs and beneficiaries.

B. Claims to cancel final administrative decisions submitted by the interested parties, whenever the appeal is based on lack of jurisdiction, a defect in form, a defect in reason, a violation of the systems and regulations, an error in their application or interpretation, or abuse of power, including disciplinary decisions, decisions issued by quasi-judicial committees, and disciplinary councils.

As well as the decisions issued by public benefit associations – and the like – related to their activities, and the administrative decision is considered the refusal or abstention of the administrative body from taking a decision that it should have taken according to the rules and regulations.

C. Compensation claims filed by interested parties for decisions or actions of the administrative body.

D. Claims related to contracts to which the administrative body is a party.

E. Disciplinary claims filed by the competent authority.

F. Other administrative disputes.

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This is a brief overview of administrative claims or cases in the Kingdom of Saudi Arabia. If you wish to seek legal advice on administrative cases or to appoint a lawyer specializing in administrative cases in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specializing in administrative cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From inside the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

About Intellectual Property in the Kingdom of Saudi Arabia:

It is a set of rights that protect human thought and creativity, including copyright, related rights, patents, trademarks, industrial models, plant varieties, and layout designs of integrated circuits.

Types of Intellectual Property Rights in the Kingdom of Saudi Arabia:

The first type: Patents

A patent is an exclusive right granted in exchange for an invention. In general, a patent grants its owner the right to decide on the method – or possibility – of others using the invention. In return for that right, the patent owner makes the technical information about the invention available to the public in the published patent document.

What is an invention?

An idea that the inventor comes up with, which results in solving a specific problem in the field of technology.

What is a patent?

It is a protection document issued by the Authority that grants its owner the exclusive right to prevent others from exploiting the invention without his consent.

Conditions for granting a patent?

1- The invention must be new, involve an innovative step, and be industrially applicable. 2- The exploitation of the invention shall not be in violation of Islamic law, or harmful to human, animal or plant health, or harmful to the environment.

What are patent services?

Patent filing path:

1- Filing a patent application. 2- Amending or adding to a patent application. 3- Requesting a change (deletion, addition, modification) of an inventor or patent applicant. 4- Requesting a change in the ownership of a patent. 5- Requesting a certified copy (requesting a certified copy). 6- Adding a power of attorney document. 7- Adding a waiver document. 8- Adding a priority document. 9- Adding other legal documents. 10- Requesting the addition/change/cancellation of an agent. 11- Requesting the withdrawal of a patent application. 12- Requesting the reissuance of a protection document. 13- Requesting the payment of the annual financial fee for filed applications. 14- Requesting a request to extend the deadline. 15- Requesting a request to re-process the application. 16- Requesting a request to correct or add priority. 17- Requesting the registration of a contractual license agreement. 18- Request for registration of a compulsory license. 19- Patent applications according to the Fast Track for Examination of Patent Applications (FTE).

Intellectual Property Enforcement Track:

1- Patent Litigation Service. 2- Request for Enforcement of a Final Judgment for Patents.

International Patent Filing Services Track Patent Cooperation Treaty (PCT):

1- Filing an international patent application. 2- Re-instatement of priority right. 3- Extension of the deadline for payment of international application fees (PCT). 4- Extension of the deadline for submitting a translated copy of the international application (PCT).

Track for Accelerating Patent Application Examination Procedures Shared services with international offices:

1- (Fast Track for Examination of Patent Applications (PPH)) 2- Cooperative Research Program with the Korean Office (CSP).

Type Two: Industrial Designs

Industrial design includes innovative creations that take shape in the decorative or aesthetic appearance of a piece. The design may consist of three-dimensional elements, such as the shape or surface of the piece, or two-dimensional elements, such as drawings, lines, or colors.

What is an industrial design?

It is a two-dimensional collection of lines or colors, or a three-dimensional shape that gives any industrial product or product of traditional crafts a special appearance.

What are the conditions for obtaining an industrial design certificate?

An industrial design certificate is granted if the model is new and has features that distinguish it from known industrial models.

What are the industrial design services?

The Intellectual Property Authority provides many services related to industrial designs, including: filing an application, amending, transferring ownership, adding a power of attorney or assignment document.

Is it possible for non-residents of the Kingdom of Saudi Arabia to apply for an industrial design?

It is possible to apply for an industrial design for non-residents of the Kingdom, but there must be a representative (agent).

What are the rights of the owner of an industrial design certificate?

The owner of an industrial design certificate has the right to file a lawsuit before the commercial courts against any person who infringes on the industrial design by exploiting it for commercial purposes without his consent within the Kingdom, by manufacturing, selling, or importing a commodity that includes, or embodies, in whole or in essence, a copied industrial design.

How long is the protection period for an industrial design?

Ten years from the date of filing the application.

What is the time limit for responding to the report?

Ninety days from the date of sending any report to the applicant.

In what cases are industrial designs not protected?

1. If their commercial exploitation is contrary to Islamic law or harmful to the environment and health. 2. If the industrial design includes trademarks belonging to others or flags or official logos. 3. If the industrial design is for a functional or technical purpose. 4. If the definition of industrial design does not apply to the submitted application or does not meet the requirements for granting.

Is it possible to submit more than one industrial design in one application?

It is not possible to submit more than one industrial design in one application, in which case each design must be submitted in a separate application from the other or it is sufficient to submit a single design application.

What is meant by “the designer must be a natural person”?

A natural person means a person capable of acquiring rights and bearing obligations, so the designer must be a natural person.

What are the specifications of the shapes and images required for an industrial design?

1. The images or drawings must be clear and show the distinctive features of the industrial design to be protected. Several images of the design may be submitted, provided that they do not exceed seven shapes at most. 2. The design may be submitted as photographs or two- or three-dimensional drawings in black and white or colored. 3. The background of the images or drawings must be uniform in one color without the introduction of any other element, accessory or decoration that may raise doubts about the required protection. 4. The drawings or images must not contain any words or symbols for the purpose of description.

What is the difference between an industrial design and a patent?

In general, “industrial designs” protect the shape of the product, while “patents” protect the method of using and operating the product.

The third type: Integrated circuits

An integrated circuit is an innovative, miniature electronic circuit designed to perform a precise electronic function. It is generally used in electronic devices; in which the elements – at least one of which is active – and the connections or some of them form an integrated form in an interconnected piece of material. These elements are designed together in a three-dimensional arrangement for manufacturing purposes.

What is an integrated circuit?

A product intended to perform an electronic function, in which the elements – at least one of which is active – and all or some of the connections form an integrated form in or on a piece of material, whether in its final or intermediate form.

What are the services of layout designs for integrated circuits?

The Intellectual Property Authority provides many services related to integrated circuits, including: filing an application, amending, transferring ownership, adding a power of attorney or assignment document, adding or canceling an agent.

How long is the protection period for a design certificate (integrated circuits)?

The protection period for a design certificate is ten years from the date of filing the application, or ten years from the date of its commercial exploitation anywhere in the world, and in all cases the protection period does not exceed fifteen years from the date of reaching the design.

What is a design in integrated circuits?

It is the three-dimensional arrangement of the elements of an integrated circuit – at least one of which is active – and of all or some of the connections, or the three-dimensional arrangement prepared for an integrated circuit for the purpose of manufacturing

The fourth type: Plant varieties

It is the plant group that belongs to a single plant classifier; and is classified as one of the lowest known degrees. Which is determined by expressing the traits and characteristics that result from a single genetic composition; or a specific group of genetic compositions. It can also be distinguished from any plant group by expressing the aforementioned characteristics; and it is considered a special unit in view of its ability to reproduce while maintaining its characteristics without change.

What are plant varieties?

A plant group from a single plant classifier of the lowest known degrees, which can be determined by expressing the characteristics resulting from a specific genetic composition or a specific group of genetic compositions, and distinguished from any other plant group by expressing at least one of the aforementioned characteristics, and it is considered a unit in view of its ability to reproduce without change.

What is a plant patent?

Plant Patent: It is an exclusive right granted to the plant variety and issued by the Intellectual Property Authority so that its owner can enjoy the protection stipulated by the system and its executive regulations.

What are the conditions for obtaining a plant patent?

The plant variety must be new, distinctive, homogeneous, fixed, and its name has been initiated.

What are the services of plant varieties?

The Intellectual Property Authority provides many services related to plant varieties, including: filing an application, amending, transferring ownership, adding a power of attorney or assignment document.

How long is the protection period for a plant patent?

Twenty years from the date of filing the application, and up to twenty-five years for trees and vines.

The fifth type: Trademarks

Trademarks are creations that are in the form of names, words, signatures, letters, symbols, numbers, titles, and seals, as well as designs, drawings, pictures, distinctive engravings, or the method of packaging pictorial elements; or shapes, or a color or group of colors or a combination thereof, or any sign or group of signs if they are used or intended to be used to distinguish the goods or services of an establishment.

What is a trademark?

Everything that takes a distinctive form of names, words, signatures, letters, symbols, numbers, titles, seals, drawings, pictures, engravings, packaging, pictorial elements, shapes, color, color groups or a combination thereof, or any sign or group of signs if it is used or intended to be used to distinguish the goods or services of an establishment from the goods or services of other establishments or to indicate the performance of a service or the conduct of monitoring or inspection of goods or services.

What is the form of trademarks?
Everything that takes a distinctive form; of names, words, signatures, letters, symbols, numbers, titles, seals, drawings, pictures, engravings, packaging, pictorial elements, shapes, color, color groups or any sign or group of signs or a combination thereof.
What are trademark services?
The Intellectual Property Authority provides many services related to trademarks, including: trademark registration, renewal, modification of trademark data, modification of trademark image, trademark search, obtaining a copy of the original registration certificate, obtaining a deposit certificate, transferring ownership, requesting or canceling a license, mortgage and mortgage release, registering an agent, grievance, objection, and cancellation of a trademark or product.
What is the duration of trademark protection?
Ten years, renewable.

Type Six: Copyright

Copyright is one of the creative fields of intellectual property; it gives the author or creator the right to use and exploit the work and prevent others from using and benefiting without his consent.

The literary and material rights of the author are fully reserved for creators, both male and female.

Who is called the “author”?

The author is the person who created the work if his name is mentioned on it unless there is evidence to the contrary. If his name is not mentioned on the work or a pseudonym is mentioned, the publisher whose name appears on the work is his representative. The people who participated in the creation of audio, audio and visual works are authors, such as text and scenario writers, dialogue writers and directors.

Who is called the right holder?

It is the author unless the financial right is transferred to a natural or legal person by permission and contract between the two parties.

What is meant by copyright?
It is the set of rights that the author enjoys over his literary, artistic or scientific creations, whether they are literary or financial rights.
What are copyrights?
Financial rights (have a specific protection period according to the copyright system) • Printing and publishing the work • Modifying or translating the work into other languages ​​• All forms of material exploitation of the work such as licensing or renting the work to others are moral rights.
(Eternal rights) • The author’s right to attribute the work to him • The right to object to any infringement on the work • The author’s right to decide to publish his work • The author’s right to modify the work • The author’s right to withdraw the work from circulation.
What are related rights?
They are the set of rights granted to some persons or entities that help make the work available to the public, namely: 1- Performing artist. 2- Producer of audio recordings. 3- Broadcasting organizations.
What are copyright services?
– Work registration service – Service of modifying a registered work – Service of disposing of a registered work.
How long is the protection period for copyright works?
First: 1 – Copyright protection in the work is for the life of the author, and for a period of fifty years after his death. 2 – The protection period for joint works is calculated from the date of death of the last surviving author. 3 – The term of protection for works whose author is a legal person or whose name is unknown is fifty years from the date of the first publication of the work. If the name of the author is known before the end of the fifty years, the term of protection is the term stipulated in paragraph (1) of this item. 4 – If the work consists of several parts or volumes that are published separately or at intervals, each part or volume thereof shall be considered an independent work for the purpose of calculating the term of protection. 5 – The term of protection for audio and audio-visual works, films, collective works, and computer software is fifty years from the date of the first display or publication of the work, regardless of republication. 6 – The term of protection for works of applied arts (whether handicraft or industrial) and photographs is twenty-five years from the date of publication. In this case, the term shall be calculated from the date of the first publication of the work, regardless of republication. Second: 1 – The term of protection for broadcasting organizations is twenty years from the date of the first broadcast of the programs or broadcasted materials. 2 – The duration of protection for producers of audio recordings and performers is fifty years from the date of performance or the first recording, as the case may be.

What are the works excluded from protection?

• Systems, regulations, judicial rulings, etc. • Ideas, procedures, work methods, mathematical science concepts, abstract facts • Daily news published in newspapers and magazines.

Is it permissible to use a work without the permission of its owner?

Copyright works are works that enjoy protection according to the copyright protection system, and no one has the right to use the work without the permission of the right owner

Benefits of intellectual property protection:

1- Encouraging and attracting foreign investments. 2- Maximizing the role of research and development. 3- Enhancing the market value of your work.

Respecting intellectual property:

Establishing an environment that respects intellectual property rights and building a society that is aware of their importance, free from violations and uses these rights, and creating a competitive investment environment within the Kingdom.

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This is a brief overview of intellectual property in the Kingdom of Saudi Arabia. If you would like legal advice on intellectual property or to appoint a lawyer specializing in intellectual property cases or an agent in intellectual property in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specializing in intellectual property.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What is the bankruptcy system?

A system that aims to enable the debtor to organize his financial situation and resume his activity, taking into account the rights of creditors and equality between equal rights holders, maximizing the value of assets, regular sale and fair distribution, and confidence in the credit market and financial transactions.

What is the purpose of bankruptcy procedures:

Bankruptcy procedures aim to enable the bankrupt or distressed debtor or one who is expected to suffer from financial turmoil to benefit from the procedures to organize his financial situation to resume his activity and contribute to supporting and developing the economy while taking into account the rights of creditors, and maximizing the value of bankruptcy assets.

The bankruptcy system came with seven procedures as follows:

1. Preventive settlement procedure:

A procedure that aims to facilitate the debtor reaching an agreement with his creditors to settle his debts, in which the debtor retains the management of his activity.

When does the court consider the request to open a preventive settlement procedure? And what does it require?

The court shall set a date to consider the request to open a preventive settlement procedure, provided that the date is within a period not exceeding (forty) days from the date of registration of the request. The court shall decide on any of the following:

A- Opening the procedure.

B- Rejecting the request.

C- Postponing the session.

Who has the right to request the opening of a preventive settlement procedure?

The debtor may submit a request to the court to open a preventive settlement procedure. For more information, please refer to the Bankruptcy Procedures page or the Bankruptcy Law and Implementing Regulations page.

When is the debtor entitled to submit a request to open a preventive settlement procedure?

Without prejudice to the provisions of the relevant regulations, the debtor may submit a request to the court to open a preventive settlement procedure in any of the following cases:

A- If he is likely to suffer from financial disturbances that may cause him to default.

B- If he is in default.

C- If he is bankrupt.

How does the trustee indicate the proposal to conduct a preventive settlement procedure in accordance with Article (32) of the Implementing Regulations?

To meet the requirement of notarization, it is sufficient for the trustee listed in the list of trustees to write on the first page of the proposal that he has fulfilled the information and documents required in Article (16) of the Executive Regulations and to sign it with the date; the trustee may keep a copy of the proposal he signed.

2. Financial restructuring procedure:

A procedure aimed at facilitating the debtor reaching an agreement with his creditors to financially restructure his activity under the supervision of the financial restructuring trustee.

When does the court consider the request to open a financial restructuring procedure? And what does it require?

The court sets a date to consider the request to open a financial restructuring procedure, provided that the date is within a period not exceeding (forty) days from the date of registration of the request. The court shall decide on any of the following:

A- Opening the procedure.

B- Rejecting the request.

C- Postponing the session.

Who has the right to request the opening of a financial restructuring procedure?

The debtor, creditor or competent authority may submit to the court a request to open a financial restructuring procedure. For more information, please refer to the Bankruptcy Procedures page or the Bankruptcy Law and Executive Regulations page.

When is the debtor entitled to submit a request to open a financial restructuring procedure?

Without prejudice to the provisions of the relevant regulations, the debtor may submit to the court a request to open a financial restructuring procedure in any of the following cases:

A- If he is likely to suffer from financial disturbances that may cause him to default.

B- If he is in default.

C- If he is bankrupt.

Does a non-debtor have the right to open a financial restructuring procedure?

Yes, if a non-debtor submits a request to open a financial restructuring procedure, the court must notify the debtor of it within a period not exceeding (five) days from the date of submission.

3. Liquidation procedure:

A procedure aimed at limiting creditors’ claims, selling bankruptcy assets and distributing its proceeds to creditors under the management of the liquidation trustee.

When does the court consider the request to open a liquidation procedure? What does it require?

The court sets a date to consider the request to open the liquidation procedure, provided that the date is within a period not exceeding (forty) days from the date of registration of the request. The court shall decide on any of the following:

A- Opening the procedure.

B- Rejecting the request.

C- Postponing the session.

What is the minimum value of the debt that entitles the creditor to request the opening of any of the liquidation procedures?

The minimum value of the debt that entitles the creditor to request the opening of the liquidation procedure or the liquidation procedure for small debtors is (50,000) fifty thousand Saudi riyals.

Who has the right to request the opening of the liquidation procedure?

Without prejudice to the provisions of the relevant regulations, the debtor, creditor or competent authority may submit to the court a request to open the liquidation procedure for the debtor if the debtor is in default or bankrupt.

4. Administrative liquidation procedure:
A procedure aimed at selling bankruptcy assets that are not expected to yield sufficient proceeds to cover the expenses of the liquidation procedure or the liquidation procedure for small debtors, under the management of the Bankruptcy Committee.

Who undertakes the tasks of managing the administrative liquidation procedure?

The court shall appoint in its ruling to open the administrative liquidation procedure the Bankruptcy Committee to carry out the tasks of managing the procedure.

What is the method of submitting a claim?

The claim is submitted through the claim submission service on the committee’s website or in the announcement of the opening of the administrative liquidation procedure on the announcements page.

What is the period specified by the system for submitting claims?

Within a period not exceeding (sixty) days from the date of the announcement or notification.

What is the period specified by the system for completing the procedure?

Within (twelve) months from the date of opening the procedure. As an exception to this, the Bankruptcy Committee may extend the administrative liquidation procedure for an additional period not exceeding (ninety) days if necessary.

5. Preventive settlement procedure for small debtors:

A procedure that aims to enable the small debtor to reach an agreement with his creditors to settle his debts within a reasonable period through simple procedures at a low cost and high efficiency, while the debtor retains the management of his business.

What is the purpose of the preventive settlement procedure for small debtors?

The preventive settlement procedure for small debtors aims to enable the small debtor to reach an agreement with his creditors to settle his debts within a reasonable period through simple procedures at a low cost and high efficiency, while the debtor retains the management of his activity. For more information, please refer to the Bankruptcy Procedures page or the Bankruptcy Law and Executive Regulations page.

Who has the right to request the opening of the preventive settlement procedure for small debtors?

The small debtor may issue a decision to open the preventive settlement procedure for small debtors according to the form, and the decision shall be effective from the date of its filing in the bankruptcy registry.

Does the small debtor have the right to request the opening of the preventive settlement procedure instead of the preventive settlement procedure for small debtors?

Yes.

6. Financial restructuring procedure for small debtors:

A procedure aimed at facilitating the small debtor’s reaching an agreement with his creditors to financially reorganize his activity within a reasonable period through simple procedures at a low cost and high efficiency, under the supervision of the trustee.

What is the purpose of the financial restructuring procedure for small debtors?

The financial restructuring procedure for small debtors aims to facilitate the small debtor reaching an agreement with his creditors to financially restructure his activity within a reasonable period through simple procedures at a low cost and high efficiency, under the supervision of the trustee. For more information, please see the Bankruptcy Procedures page or the Bankruptcy Law and Executive Regulations page.

Who has the right to request the opening of a financial restructuring procedure for small debtors?

The small debtor or the competent authority may issue a decision to open a financial restructuring procedure for small debtors after agreeing with a trustee listed in the list of bankruptcy trustees, and the decision shall be effective after the judicial deposit.

The creditor may submit to the court a request to open a financial restructuring procedure for small debtors.

Does the small debtor, creditor or competent authority have the right to request the opening of a financial restructuring procedure instead of a financial restructuring procedure for small debtors?

Yes.

7. Liquidation Procedure for Small Debtors:

A procedure aimed at selling the bankruptcy assets and distributing its proceeds to creditors within a reasonable period through simple procedures at a low cost and high efficiency, under the management of the trustee.

What is the minimum value of the debt that entitles the creditor to request the opening of any of the liquidation procedures?

The minimum value of the debt that entitles the creditor to request the opening of a liquidation procedure or a liquidation procedure for small debtors is (50,000) fifty thousand Saudi riyals.

What is the purpose of the liquidation procedure for small debtors?

The liquidation procedure for small debtors aims to sell the bankruptcy assets and distribute its proceeds to creditors within a reasonable period through simple procedures at a low cost and high efficiency, under the management of the trustee. For more information, please see the Bankruptcy Procedures page or the Bankruptcy Law and Executive Regulations page.

What are the objectives of bankruptcy procedures?

The bankruptcy procedures aim to:

A – Enable the bankrupt or distressed debtor or one who is expected to suffer from financial turmoil to benefit from the bankruptcy procedures, to organize his financial situation and resume his activity and contribute to supporting and developing the economy.

B – Considering the rights of creditors in a fair manner and ensuring fair treatment for them.

C – Maximizing the value of bankruptcy assets and selling them regularly and ensuring fair distribution of their proceeds to creditors upon liquidation

D – Reducing the cost and duration of the procedures and increasing their effectiveness, especially in reorganizing the situation of the small debtor or selling the bankruptcy assets and distributing them to creditors in a fair manner within a specified period

E – Administrative liquidation of the debtor who is not expected to produce sufficient proceeds from the sale of his assets to cover the expenses of the liquidation procedure or liquidation for small debtors.

To whom does the bankruptcy system apply?

The provisions of the system apply to each of:

A – A natural person who practices commercial, professional, or profit-making activities in the Kingdom.
B – Commercial and professional companies, organized entities and other profit-making companies and entities registered in the Kingdom.

C – A non-Saudi investor of a natural or legal nature who owns assets in the Kingdom, or carries out commercial, professional or profit-making activities through a facility licensed in the Kingdom. Only the assets of that investor located in the Kingdom are subject to the procedures of the system.

Who is the bankruptcy trustee?

Who is appointed by the court or the applicant – as the case may be – to perform the tasks and duties assigned to him according to the type of procedure, including the financial restructuring trustee and the liquidation trustee.

When does the court consider the request to open any of the bankruptcy procedures? And what does it require?

The court sets a date to consider the request to open any of the bankruptcy procedures, provided that the date is within a period not exceeding (forty) days from the date of registration of the request. The court shall rule on any of the following:

A- Opening the procedure.

B- Rejecting the request.

C- Postponing the session.

Which court is competent to consider requests related to bankruptcy procedures?

The court competent to consider applications and procedures related to the bankruptcy system is the commercial court, as stipulated in the bankruptcy system.

How do I apply to open a bankruptcy procedure?

The application to open any of the bankruptcy procedures is currently available by submitting to the commercial court via the form on the commercial judiciary portal, selecting judicial services, logging in, then selecting bankruptcy applications, and completing the application procedure. The service can be accessed by visiting the commercial judiciary system portal on the Ministry of Justice website.

What is the minimum value of the debt that entitles the creditor to request the opening of any of the liquidation procedures?

The minimum value of the debt that entitles the creditor to request the opening of a liquidation procedure or a liquidation procedure for small debtors is (50,000) fifty thousand Saudi riyals.

What is the purpose of the liquidation procedure for small debtors?

The liquidation procedure for small debtors aims to sell the bankruptcy assets and distribute its proceeds to creditors within a reasonable period through simple procedures at a low cost and high efficiency, under the management of the trustee. For more information, please refer to the Bankruptcy Procedures page or the Bankruptcy System and Executive Regulations page.

What are the objectives of bankruptcy procedures?

Bankruptcy procedures aim to:
A – Enable the bankrupt or distressed debtor or one who is expected to suffer from financial instability to benefit from bankruptcy procedures, to organize his financial situation and resume his activity and contribute to supporting and developing the economy.
B – Considering the rights of creditors in a fair manner and ensuring their fair treatment.
C – Maximizing the value of bankruptcy assets and their regular sale and ensuring the fair distribution of their proceeds to creditors upon liquidation
D – Reducing the cost and duration of procedures and increasing their effectiveness, especially in reorganizing the situation of the small debtor or selling the bankruptcy assets and distributing them to creditors in a fair manner within a specified period
E – Administrative liquidation of the debtor who is not expected to produce sufficient proceeds from the sale of his assets to cover the expenses of the liquidation procedure or the liquidation of small debtors.

To whom does the bankruptcy system apply?

The provisions of the system apply to each of:
A – A natural person who practices commercial, professional, or profit-making activities in the Kingdom.
B – Commercial and professional companies, organized entities, and other companies and other profit-making entities registered in the Kingdom.
C – A non-Saudi investor of natural or legal status who owns assets in the Kingdom, or practices commercial, professional, or profit-making activities through an establishment licensed in the Kingdom. Only the assets of that investor located in the Kingdom are subject to the system’s procedures.

Who is the bankruptcy trustee?

Who is the court or the applicant – as the case may be – appointed to perform the tasks and duties assigned to him according to the type of procedure, including the financial restructuring trustee and the liquidation trustee.

When does the court consider the request to open any of the bankruptcy procedures? And what does it require?

The court sets a date to consider the request to open any of the bankruptcy procedures, provided that the date is within a period not exceeding (forty) days from the date of registration of the request. The court shall rule on any of the following:

A- Opening the procedure.

B- Rejecting the request.

C- Postponing the session.

What is the competent court to consider requests related to bankruptcy procedures?

The competent court to consider requests and procedures related to the bankruptcy system is the commercial court, as stipulated in the bankruptcy system.

How do I submit a request to open a bankruptcy procedure?

Requesting to open any of the bankruptcy procedures is currently available by submitting an application to the Commercial Court via the form on the Commercial Judiciary Portal and selecting Judicial Services, logging in, then selecting Bankruptcy Requests, and completing the application procedure. The service can be accessed by visiting the Commercial Judiciary System Portal on the Ministry of Justice website.

What is the minimum value of the debt that entitles the creditor to request the opening of any of the liquidation procedures?

The minimum value of the debt that entitles the creditor to request the opening of a liquidation procedure or a liquidation procedure for small debtors is (50,000) fifty thousand Saudi riyals.

What are the criteria for small debtors?

Any debtor whose total debts at the time of opening the bankruptcy procedure do not exceed (2,000,000) two million Saudi riyals is considered a small debtor under the provisions of the Bankruptcy Law and its Executive Regulations.

(Debtor’s Rights in Bankruptcy Procedures)

Is the debtor entitled to submit a request to the court to open any of the bankruptcy procedures?

Yes, the debtor has the right to submit a request to the court to open a preventive settlement procedure, a financial restructuring procedure, a liquidation procedure, or an administrative liquidation procedure. The court opens any of these procedures if their statutory conditions are met and the debtor provides the information and documents required to open the procedure.

Regulatory document: Provisions for the request to open the procedure in Chapters Three, Four, Five, and Nine of the Bankruptcy Law.

Does the debtor have another means to open any of the bankruptcy procedures other than submitting a request to the court?

Yes, the debtor has the right to open a preventive settlement procedure for small debtors and issue a decision to open a financial restructuring procedure for small debtors and contract with a financial restructuring trustee for judicial deposit in accordance with the provisions of the law.

Regulatory document: Provisions for the request to open the procedure in Chapters Six, Seven, and Eight of the Bankruptcy Law.

Does the debtor have the right to request summoning anyone who has information or documents related to the request to open the procedure to attend the hearing to consider it?

Yes, the debtor has the right to request the court to summon anyone who has information or documents related to the request to open the procedure to attend the hearing to consider it, and the summoned party must provide the court with the information or documents it requests within the period it specifies.

Regulatory Document: Articles 15, 48, 126, 159, 166 of the Bankruptcy Law.

Does the debtor have the right to object to the request to open the bankruptcy procedure submitted by the creditor or the competent authority?

Yes, the debtor has the right to object before the court to the request to open the bankruptcy procedure submitted by others. The debtor also has the right, in the event of an objection to the request to open any of the liquidation procedures, to request the court to open any of the other bankruptcy procedures if the conditions for its opening are met.

Regulatory Document: Articles 44, 95/1, 145/4, 166, 168/2 of the Bankruptcy Law.

What is meant by the suspension of claims? And what is its effect on the debtor?

Suspension of claims is the suspension of the right to take or complete any action, transaction or lawsuit against the debtor, his assets or the guarantor of the debtor’s debt during a specific period in accordance with the provisions of the system. The suspension of claims aims to give the debtor a period during which he can prepare the proposal and negotiate with creditors regarding it in the preventive settlement and financial reorganization procedures. It also aims to preserve the rights of creditors in liquidation procedures by protecting the debtor’s bankruptcy assets.

Accordingly, the implementation of judgments, decisions and orders issued against the debtor by the enforcement court and other judicial and quasi-judicial bodies is suspended, as are the rights of other parties to initiate or complete any procedures against the debtor or his assets, including filing lawsuits or continuing to consider lawsuits. This does not include decisions issued before the suspension of claims that include the seizure of assets or the prevention of disposition thereof or the prevention of travel unless the court with which the request to open the procedure is registered decides otherwise.

Regulatory document: Article 1 of the Bankruptcy Law, and Article 10/1 of the Rules Regulating Bankruptcy Procedures in Commercial Courts.

Does the debtor have the right to manage the activity after the initiation of bankruptcy proceedings?

The debtor is allowed to manage his activity in both preventive settlement and financial restructuring procedures. In preventive settlement procedures, the entire management is with the debtor, while in financial restructuring procedures, the debtor’s management of the activity and his management to implement the financial restructuring plan are subject to the supervision of the trustee appointed by the court, and the debtor is prohibited from performing some actions except after obtaining written approval from the trustee in accordance with the provisions of the system. The debtor’s hand may be tied from managing his activity in financial restructuring procedures in the cases stipulated in Article (sixty-nine) of the Bankruptcy Law.

As for liquidation procedures, the debtor’s hand is tied from managing the activity immediately after appointing the trustee or the bankruptcy committee – depending on the type of procedure – and thus any action taken by the debtor on his assets after his hand is tied is considered invalid and exposes him to the penalties stipulated by the system. The trustee and the bankruptcy committee, if appointed, shall be obligated to notify the debtor of any summons, notice or order concerning him issued by the court or any other relevant authority.

Regulatory document: Articles 1, 69, 70, 85, 100, 159, 166, 171, 200, 203 of the Bankruptcy Law.

Does the debtor have the right to object to the trustee’s management or supervision of the bankruptcy procedure?

Yes, the debtor has the right to object before the competent commercial court to any procedure taken or decision issued by the trustee in accordance with the provisions of the law within (fourteen) days from the date of issuance of the decision or taking the procedure, in cases where there is no specific text.

Regulatory document: Article 215 of the Bankruptcy Law.

Does the debtor have the right to object to the bankruptcy committee’s management of the administrative liquidation procedure?

Yes, the debtor has the right to object before the competent commercial court to any procedure taken or decision issued by the bankruptcy committee except for what relates to licensing bankruptcy trustees and experts; Within (fourteen) days from the date of issuance of the decision or taking the action, unless there is a specific text.

Regulatory document: Article 216 of the Bankruptcy Law.

Does the debtor have the right to request the trustee or the bankruptcy committee to review the information and documents they have related to the procedure?

Yes, the debtor has the right to request the trustee or the bankruptcy committee to review the information or documents they have related to the procedure unless the trustee or the bankruptcy committee or the competent authority decides that they are confidential for reasons related to preserving the value of the bankruptcy assets or the continuation of the procedure or activity supervised by the competent authority. In the event that the trustee decides to keep the information and documents confidential, he has the right to object to the confidentiality decision before the court.

Regulatory document: Article 10 of the Executive Regulations of the Bankruptcy Law.

What are the debtor’s duties regarding the disclosure of bankruptcy assets in financial restructuring and liquidation procedures?

The debtor must disclose to the trustee or the bankruptcy committee – depending on the type of procedure – the bankruptcy assets, which include the debtor’s assets on the date of opening any of the bankruptcy procedures or during the validity of any of them, including information and documents related to them and licenses related to the debtor’s activity, so that the trustee or the bankruptcy committee can prepare an inventory list of assets. Concealing the bankruptcy assets or the debtor’s assets or providing misleading or incorrect information about them to the trustee or the bankruptcy committee or the court is considered a crime punishable under the bankruptcy law.

Regulatory document: Articles 1, 59, 126, 159, 166, 177, 201, 203 of the bankruptcy law.

To what extent is it mandatory to implement the preventive settlement plan or financial restructuring and can it be amended?

The preventive settlement plan or financial restructuring plan shall be binding on creditors, the debtor and owners, and the debtor shall implement it as approved by the court and complete the procedures required by the relevant regulations. The debtor shall be obligated in the financial restructuring procedures to submit a report to the trustee on the progress of implementing the plan at the end of every three months, indicating what has been accomplished, the difficulties facing it and the financial statements. If there is an obstacle preventing the implementation of the plan, the trustee shall submit a request to the court to consider what it deems appropriate. The plan may be amended upon the request of the debtor or the trustee if the amendment cases stipulated therein are met, or a situation affecting its implementation arises, or the amendment is proposed by creditors whose claims represent more than 50% of the creditors’ debts in the plan or they agree to the amendment request submitted by the debtor. The amendment shall be by submitting an amendment proposal that the creditors and owners vote on in accordance with the provisions of voting on the original proposal.

Regulatory document: Articles 37, 84, 91, 136, 155 of the Bankruptcy Law, and Articles 31, 47 of the Executive Regulations.

Is the debtor entitled to retain any of the bankruptcy assets after the opening of the bankruptcy procedure?

Yes, the debtor with a natural capacity in the financial restructuring procedure, the financial restructuring of small debtors, the liquidation procedure, and the liquidation of small debtors has the right to retain from the bankruptcy assets what provides him and his dependents with enough to live in a reasonable manner, and the court determines the debtor’s sufficiency based on the trustee’s proposal, and the debtor is obligated to assist the trustee in evaluating the assets to estimate what he retains from them.

Regulatory document: Articles 66, 102, 159, 166 of the Bankruptcy Law.

What is the effect of the termination of any of the liquidation procedures on the debtor? Is there a difference between a debtor with a natural capacity and a debtor with a legal capacity?

The effect of ending any of the liquidation procedures depends on the status of the debtor. A debtor with a legal status is dissolved by a request submitted by the trustee to the court and his registration in the commercial register is deleted. As for a debtor with a natural status who still has rights to creditors, he is considered bankrupt for a period of (twenty-four) months. After removing his name from the bankruptcy register, he can practice commercial, professional or profit-making activities. He must inform his creditors upon starting to practice any of these activities. He must also request the court to distribute that money if he receives money during this period in accordance with the provisions of the system. If the debtor does not submit this request to the court, the creditors have the right to apply to the court to demand the distribution of the money received by the debtor.

Regulatory document: Articles 121, 122, 125, 165, 166, 179, 181 of the Bankruptcy Law. And Article 21 of the Executive Regulations.

(Creditor’s Rights in Bankruptcy Proceedings)

Is the creditor entitled to submit a request to open a bankruptcy procedure for one of the debtors?

Yes, the creditor has the right to request the opening of a number of procedures for the debtor, which are four procedures: financial restructuring, financial restructuring for small debtors, liquidation, and liquidation for small debtors. The court opens any of these procedures if their statutory conditions are met.

Statutory document: Provisions for requesting the opening of the procedure in Chapters Four, Five, Seven and Eight of the Bankruptcy Law.

Is the creditor entitled to attend the sessions to consider the opening of bankruptcy procedures for the debtor?

Yes, the creditor has the right to attend the opening sessions, whether the creditor is the one who submitted the request to open the procedure or the request was submitted by the debtor or another creditor. Any creditor may, during attendance, present what he deems to be a just defense, whether it relates to the jurisdiction of the bankruptcy court over the request, or the fulfillment of the conditions for its acceptance, as well as the fulfillment of the objective conditions for opening the procedure, such as default and bankruptcy, or the likelihood of financial turmoil, or the likelihood of the debtor’s inability to continue his activity, or the likelihood of the debtor’s assets being sufficient to meet the costs of the procedure. He may submit to the court whatever documents and information he deems to support his defense, or request the court to oblige any party to submit the information and documents necessary to adjudicate the request.
In general, the cooperation of the creditor and the debtor and the pursuit of consensus yields better results for all parties.
Regular document: Articles 2/15, 2/47, 2/95, 3/168 of the Bankruptcy Law.

What is the regulatory procedure if the creditor has fear for some of the debtor’s assets or fear of some of the debtor’s actions?

The creditor and any interested party may apply to the court in the liquidation procedures to order precautionary measures until the opening request is decided. Examples of these precautionary measures include appointing a temporary trustee, restricting the debtor’s ability to manage the activity, seizing the debtor’s assets and preventing him from disposing of them, whether in his possession or with others, and other precautionary measures available under the system.

Regulatory document: Article 96 of the Bankruptcy Law, and Article 5 of the Executive Regulations.

Does the creditor have the right to object to the court’s ruling regarding the opening of any of the bankruptcy procedures for one of his debtors?

The creditor, as an interested party, has the right to object before the Court of Appeal to the court’s ruling to open or reject the procedure within fourteen days of its issuance, if its subject is:
‌A. Rejection to open a financial restructuring procedure, or a financial restructuring procedure for small debtors;
‌B. Opening a liquidation procedure, or a liquidation procedure for small debtors, or an administrative liquidation procedure, or a refusal to open any of these procedures.
The creditor has no right to object to the court’s ruling to open a preventive settlement procedure or open a financial restructuring procedure.
Regulatory document: Article 217 of the Bankruptcy Law.

Does the creditor have the right to enforce an asset of the debtor subject to a bankruptcy procedure if the asset is mortgaged to the creditor? Or submit an enforcement request to the court or the trustee?

The creditor in preventive settlement or financial restructuring procedures has the right to submit to the court a request to enforce the assets of the bankruptcy or the assets of the guarantor of the debtor’s debt provided as guarantees if the enforcement does not affect the debtor’s activity or obtain the approval of the creditors and owners of the proposal or if the rejection of the enforcement request results in serious harm to the secured creditor that the debtor cannot compensate for and exceeds the harm that may be inflicted on the debtor and other creditors.

The suspension of claims in the preventive settlement procedure for small debtors does not apply to secured debts and the creditor may enforce the money securing his debt and is obligated to return the excess of his debt to the small debtor.

The creditor also has the right to submit to the court in the liquidation procedures a request for execution on any of the bankruptcy assets securing the debtor’s debt.

In all cases, the creditor can submit his claim to the trustee or the bankruptcy committee, attaching documents proving that his claim is secured and the nature of the asset securing it. The trustee shall include this claim as a secured claim, and it shall have priority in distribution in the liquidation procedures.

Regulatory document: Articles 21, 63, 68, 91, 97, 126, 133, 159, 166, 196 of the Bankruptcy Law. And Article 14 of the Executive Regulations.

Does the creditor have the right to object to the decisions and procedures issued by the debtor, the trustee, or the bankruptcy committee during the administration of the procedure?

The creditor and any interested party have the right to object before the court opening the procedure to any procedure taken or decision issued by the debtor in his administration of the preventive settlement procedures, or the bankruptcy trustee in his administration of the financial restructuring or liquidation procedures, or the bankruptcy committee in its administration of the administrative liquidation procedure, within fourteen days from the date of issuance of the decision or taking the procedure.

Regulatory document: Articles 215 and 216 of the Bankruptcy Law.

Does the creditor have the right to request that some procedures and actions be exempted from the suspension of claims?

The creditor in the preventive settlement and financial restructuring procedures may request the court to suspend the suspension of claims for specific claims for which action was taken before the suspension of claims came into effect if he proves that this is in the interest of the debtor and the majority of creditors.

He may also request the court’s approval to execute on the bankruptcy assets provided as guarantees.

He may also request the court’s approval to continue the procedures and actions against the personal guarantor or the debtor’s real guarantee provider.

The creditor in liquidation proceedings may request the suspension of the suspension of claims for specific claims for which action was taken before the suspension of claims came into effect if he proves that this is in the interest of the debtor and the majority of creditors.

He may also submit to the court a request to enforce any of the bankruptcy assets guaranteeing the debtor’s debt.

He may also submit to the court a request to take a regulatory action during the period of suspension of claims against the debtor’s personal guarantor or the debtor’s real guarantee provider.

Regulatory document: Articles 20, 21, 91, 97, 98, 159, 166, 169 of the Bankruptcy Law, and Article 30 of the Executive Regulations.

How can claims be submitted to trustees? What are the rights of creditors in this regard?

Every creditor whose debt arose before the commencement of any financial reorganization or liquidation procedures may submit to the trustee within the specified period for receiving claims announced by the trustee any claim for a debt, whether current or deferred, completed or conditional or potential, and state the reason for the debt’s arose and its date, and specify the value of the debt, and if it is not specified, he shall set its estimated value, and attach to his claim the supporting documents, and take care to write the claim briefly and carefully.

After the trustee studies the claim and verifies its validity and value, he shall prepare a list of claims and submit it to the court accompanied by a recommendation regarding each claim to accept, reject or submit it to an expert, and the trustee shall notify the creditor who recommended that his claim be rejected or submitted to an expert, and the latter may object to the trustee’s recommendation before the court and submit all the defenses he adheres to, and the court shall assess the creditor’s defenses and then reach a decision to accept the claim in whole or in part or reject it.

The creditor may also object to the Court of Appeal against the court’s decision to reject the inclusion of his claim in whole or in part within fourteen days from the issuance or announcement of the decision. The Court of Appeal shall consider the objection and decide to uphold the decision to reject the inclusion of the claim in whole or in part or to overturn the decision. If it overturns the decision, it shall rule on the subject of the objection with a judgment that cannot be appealed in any way.

Regulatory document: Articles 63, 68, 217 of the Bankruptcy Law, and Articles 13 and 14 of the Executive Regulations.

Is the creditor entitled to submit a claim that includes potential obligations in the future or is conditional on a condition that may occur in the future?

Yes, the creditor may submit his claim that includes potential obligations or is conditional on a condition, such as obligations of letters of guarantee, documentary credits, etc.

Regulatory document: Article 63 of the Bankruptcy Law

How can the creditors’ committee be formed? What are its powers?

The creditors’ committee may be formed in financial restructuring procedures, financial restructuring of small debtors or liquidation at the initiative of the court on its own initiative, or upon the request of the trustee, or upon the request of creditors whose claims represent 50% of the value of the debts.

If the court decides to form the creditors’ committee, it must notify the trustee of this, whereby the latter shall notify all creditors within five days of being notified of the court’s decision so that those of them who wish to nominate themselves may submit their nominations to the trustee within fourteen days from the date of notification, provided that they have an acceptable claim in the list of claims and that their debt subject to the claim is not fully secured. The trustee shall then deposit the list of candidates with the court, attaching thereto the proposed formation and the justifications for this formation. The court shall then issue its decision to form the creditors’ committee of at least three members, with the appointment of a chairman for the committee.

The decisions of the Creditors Committee are issued by majority and the Committee’s mission is to represent the creditors in the tasks stipulated in the system and regulations, including expressing an opinion on some procedures such as preparing a financial restructuring proposal, obtaining secured financing, or terminating the debtor’s contracts, and expressing an opinion when making decisions related to the sale of bankruptcy assets. It is also necessary to obtain its approval for some procedures such as the sale of any bankruptcy asset whose value exceeds a quarter of the value of the bankruptcy assets. The Committee also has the right to report any violations of the system or regulations, in addition to any other tasks assigned to it by the court.

The formation of the Creditors Committee will enable creditors to participate more effectively in bankruptcy procedures and ensure that a balance is observed in managing these procedures between the rights and interests of the debtor and the creditors.

Regulatory document: Articles 73, 106, 126, 159 of the Bankruptcy Law, and Articles 24 to 29 of the Executive Regulations.

How can the debtor’s actions prior to the opening of the procedure be objected to, which include smuggling or concealing bankruptcy assets or deliberately harming creditors?

The creditor and any interested party may object before the court to the debtor’s actions during the twelve months prior to the opening of the procedure if the actions were purely harmful, such as relinquishing assets and guarantees, discharging his debtor, and other actions, or if they were between benefit and harm but mostly harmed the rights of creditors, such as in the case of concluding a deal for less than fair value or making an unfair settlement.

The objection period extends to twenty-four months if the action was with a related party, which is a person related to the debtor by a business relationship or kinship relationship, or someone controlled by the debtor or who controls the debtor financially or organizationally.

If the court finds that the action does not serve the debtor’s interest and that the debtor was in default or bankrupt at the time of its implementation, it shall rule the action invalid and implement the effects resulting from the invalidation, which are represented by recovering the asset and similar measures.

On the other hand, the creditor may submit his report in the event of suspicion of the debtor mismanaging his funds or concluding deals without consideration or for an unfair consideration or concealing or embezzling bankruptcy assets, or other criminal acts if they lead to harm to the rights of creditors. The creditor may submit this report to the court or the bankruptcy committee to begin its work in inspection and verification and then referral to the competent authority in the event of suspicion of a crime.

Regulatory document: Chapter Thirteen of the Bankruptcy Law, Article 9, Paragraph 2/e of the Bankruptcy Law, Article 86 of the Executive Regulations.

What are the rights of creditors related to monitoring the correctness of the implementation of the preventive settlement plan or financial restructuring?

As a general principle, the creditor may object before the court to any procedure taken or decision issued by the debtor or the trustee when implementing the plan.

In the preventive settlement procedure, the creditor may object to the debtor’s request to terminate the procedure to complete the implementation of the plan, and he may submit a request to the court to terminate the procedure due to the impossibility of implementing the plan.

In the financial restructuring procedure, the system granted the trustee supervisory powers over the debtor during the plan implementation period, including the necessity of obtaining his approval when carrying out some actions and transactions. The plan may include more restrictions on the debtor’s management of the activity during the plan implementation.

The debtor must also submit a report every three months to the trustee on the progress of the plan implementation, and the trustee sends this report to the court and creditors after verifying its accuracy.

The creditor in the financial restructuring procedure may also object to the debtor’s request to terminate the procedure due to the completion of the plan implementation, and he may submit a request to the court to terminate the procedure due to the inability to implement the plan.

In both procedures, one or more creditors whose claims represent more than 50% of the total value of the creditors’ debts in the plan may propose amending the plan.

Regulatory document: Articles 38, 39, 84, 85, 86, 87, 141, 159 of the Bankruptcy Law, and Articles 31, 47 of the Executive Regulations.

What are the creditor’s rights related to reviewing the work of the bankruptcy procedures management?

The creditor has the right to review the information and documents held by the trustee or the bankruptcy committee related to the opened bankruptcy procedure unless the trustee or the bankruptcy committee or the competent authority decides that they are confidential for reasons related to preserving the value of the bankruptcy assets or the continuation of the procedure or activity supervised by the competent authority.

However, the creditor may object to the decision on the confidentiality of information and documents before the court, and the court shall assess the extent to which the decision adheres to the objective controls that require confidentiality. The court may then uphold or cancel the decision, and if it cancels it, it may set conditions for reviewing the information and documents.

Regulatory document: Article 10 of the Executive Regulations.

How can a natural debtor be referred to in the event that the liquidation procedures are completed and his account remains burdened with some debts?

If the debtor is a natural person and his debts are not discharged after the end of the liquidation procedures due to the insufficiency of the bankruptcy proceeds to meet the creditors’ rights, he shall be considered bankrupt for twenty-four months from the end of any of the liquidation procedures. During this period, no bankruptcy procedure may be initiated against this debtor. However, this debtor has a number of obligations, including the obligation to notify his creditors when he engages in a commercial, professional or profitable activity, and that if money is transferred to him during this period, he must submit to the court a request to distribute it to the creditors according to their priority and shares. If he does not submit to the court to distribute this money, the creditors may submit to the court to claim their right to distribute this money, and the court may rule on their right to distribute this money.

Regulatory document: Articles 125, 166, 3/181 of the Bankruptcy Law, and Article 21 of the Executive Regulations.

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This is a brief overview of bankruptcy cases or bankruptcy procedures in the Kingdom of Saudi Arabia. If you want legal advice on bankruptcy cases or bankruptcy procedures, or to appoint a lawyer specialized in bankruptcy cases or bankruptcy procedures in the Kingdom of Saudi Arabia, or are looking for a bankruptcy trustee or bankruptcy expert in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specialized in bankruptcy law.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What is the definition of medical error in Saudi law?

It is any professional health error committed by a health practitioner that results in harm to the patient, and the person who committed it is obligated to compensate, and the (legal health authority) stipulated in this system determines the amount of this compensation, and the following are considered professional health errors:
1 – Error in treatment, or lack of follow-up.
2 – Ignorance of technical matters that someone in his specialty is supposed to be familiar with.
3 – Performing experimental and unprecedented surgeries on humans in violation of the rules regulating this.
4 – Conducting experiments or scientific research that are not approved on the patient.
5 – Giving medicine to the patient as a test.
6 – Using medical machines or devices without sufficient knowledge of how to use them, or without taking precautions to prevent harm from occurring as a result of this use.
7 – Negligence in monitoring and supervision.
8 – Not consulting someone whose assistance the patient’s condition requires.
Any condition that includes specifying or exempting the health practitioner from liability is void.

Who is a health practitioner in Saudi law?

A health practitioner is anyone licensed to practice health professions, which include the following categories: human doctors, dentists, specialist pharmacists, health technicians in (radiology, nursing, anesthesia, laboratory, pharmacy, optics, epidemiology, prosthetics, physiotherapy, dental care and installation, computed tomography, nuclear therapy, laser devices, and operations), psychologists, social workers, nutritionists, public health specialists, midwifery, first aid, speech and hearing therapy, vocational rehabilitation, vocational therapy, medical physics, and other health professions agreed upon between the Ministers of Health and Civil Service and the Saudi Commission for Health Specialties.

What are the most prominent medical errors in the Kingdom of Saudi Arabia?

1- Error in treatment, or lack of follow-up.

2- Ignorance of technical matters that someone in his specialty is supposed to be familiar with.

3. Conducting experiments, or unapproved scientific research, on the patient.

4. Giving medicine to the patient as a test.

5- Using medical devices or equipment without sufficient knowledge of how to use them, or without taking precautions to prevent harm resulting from such use.

6- Negligence in monitoring and supervision.

7- Not consulting those whose assistance is required by the patient’s condition.

In which court are medical malpractice cases heard in the Kingdom of Saudi Arabia?

Medical malpractice cases are heard in the General Court in Riyadh through eight judicial circuits, each of which consists of three judges, and two judicial circuits in the Court of Appeal in the Riyadh region, each of which consists of three judges, and are competent to hear objections to judgments and decisions issued by the circuits concerned with hearing health professional malpractice cases, and are named according to the sequence of the legal circuits in the court.

What is the jurisdiction of the medical malpractice circuits in the General Court?

1- Health professional malpractice related to private rights such as blood money, compensation and compensation.

2- Health professional malpractice that results in death or damage to a body part or loss of its benefit or some of it, even if there is no private right claim.

3- Considering the responsibility of private health institutions for professional medical errors that are claimed for private or public rights.

The statute of limitations preventing the hearing of a public right lawsuit in medical errors lawsuits in the Kingdom of Saudi Arabia?

The lawsuit in the public right shall not be heard after one year from the date of knowledge of the professional health error, and the executive regulations shall determine the controls for knowledge of the professional health error.

Is insurance against professional medical errors mandatory in the Kingdom of Saudi Arabia?

Participation in cooperative insurance against professional medical errors is mandatory for all doctors and dentists working in public and private health institutions. These institutions and establishments guarantee the payment of compensations issued by a final judgment against their employees if insurance coverage is not available or is not sufficient, and they have the right to refer to the convicted person for what they paid for him.

This mandatory cooperative insurance may include other categories of health practitioners, by a decision of the Council of Ministers based on the proposal of the Minister of Health.

Method or steps for filing a medical error complaint in the Kingdom of Saudi Arabia:

First: The complaint shall be submitted to the health facility in which the error occurred or the relevant health affairs to which the facility in which the violation or medical error occurred belongs.
Second: A committee of specialized experts will review the complaint to give a medical opinion.
Third: The committee will present an amicable settlement to the conflicting parties.
Fourth: If settlement is not possible, the complaint will be referred electronically to the judiciary and will be reviewed remotely.
Fifth: Issuance of the judgment.

When is the patient entitled to compensation?

The patient is entitled to compensation for any professional health error committed by the health practitioner, which results in harm to the patient.

Does the prior agreement exempt the health practitioner from liability?

It does not exempt the health practitioner from liability, and any condition that includes exempting him from it is void.

Is the foreign health practitioner allowed to travel in the event of a lawsuit against him?

The travel of the foreign health practitioner is postponed during the procedures preceding the filing of the lawsuit.

When is the foreign health practitioner allowed to travel?

The travel ban on the foreign health practitioner against whom there is a lawsuit is lifted directly when the plaintiff agrees to lift the travel postponement, or if the health practitioner provides the following:
1- The foreign health practitioner is authorized to represent the case.
2- The agency must include pleading before the courts, acknowledgment and denial.
3- Guarantee of damages and performance of public right.
4- Valid insurance at the time of the procedure in question.
5- Notification of the insurance company of the existence of a lawsuit.
6- Contact information and address.
7- Details of the role of the defendant health practitioner in the case.

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This is a brief overview of medical malpractice lawsuits or cases in the Kingdom of Saudi Arabia. If you would like legal advice on medical malpractice cases or lawsuits, or to hire a lawyer specializing in medical malpractice cases in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specializing in medical malpractice cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What is the Committee of the General Authority for Media Regulation in the Kingdom of Saudi Arabia?

What is the Department of Violations Review at the General Authority for Media Regulation?

The Department of Violations Review is concerned with violations of the provisions of the Audiovisual Media System and its Executive Regulations in accordance with the provisions of (Article Eighteen) of the System, and imposing the fines stipulated in the Violations Schedule attached to the Executive Regulations of the System on violators.

Initial Committees:

Initial Committees are concerned with the following:

First:
– Reviewing violations of the provisions of the Publications and Publishing System and its Executive Regulations and applying the penalties contained therein in accordance with the provisions of Article (Thirty-Eight) of the System.
– Reviewing the violation of a Saudi who commits – outside the Kingdom – any of the prohibitions stipulated in Article (Nine) of the Publications and Publishing System, and imposing an appropriate penalty from the penalties stipulated in Article (Thirty-Eight) of the Publications and Publishing System or taking the measures contained therein.
Second:
– Considering violations of the provisions of the Audiovisual Media System and its executive regulations and applying the penalties contained therein in accordance with the provisions of (Article Nineteen) of the System.
– Considering the violation of a Saudi who commits – outside the Kingdom – any of the violations of the provisions of the Media System and imposing an appropriate penalty from the penalties stipulated in Article (Seventeen) of the Audiovisual Media System.
– Considering the grievances submitted by the concerned parties against the decisions issued by the Authority referred to in Paragraph (1) of Article (Eighteen) of the Audiovisual Media System.

The Primary Committee may include in the decision issued with the penalty a provision to publish it after it becomes final at the expense of the violator in three local newspapers, at least one of which is published in his place of residence, and if there is no newspaper in the area in which he resides, then in a newspaper published in the nearest area.

The Appeals Committee:

The Appeals Committee is competent to do the following:

First:
– Considering the grievances submitted by the concerned parties against the decisions of the Primary Committee referred to in Article (Thirty-Seven) of the Publications and Publishing System.
Second:
– Considering the grievances submitted by the concerned parties against the decisions of the primary committee referred to in Article (Nineteen) of the Audiovisual Media Law.
– Considering what the Authority issues regarding stopping the broadcast, or suspending the license as a precaution, in accordance with Paragraph (2) of Article (Eighteen) of the Audiovisual Media Law.

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This is a brief overview of media lawsuits or cases in the Kingdom of Saudi Arabia. If you would like legal advice on media cases or lawsuits, or to appoint a lawyer specialized in media cases in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specialized in media cases.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

The concept of drafting and reviewing contracts:

A contract is defined as an agreement between two or more parties, in which each of them acknowledges mutual terms and agreements that are enforceable and consistent with the laws regulating and approved in the country, and in the event of a breach of any of them, the law provides ways to protect the affected party.

Legal scholars have agreed that a contract is: the agreement or meeting of two or more wills to create a specific legal effect, whether by creation, transfer, amendment or termination.

As for drafting and reviewing contracts, it is the preparation of agreements between individuals and companies in a legally binding manner and their formulation and review on correct scientific foundations, making them a safe document for all contracting parties and legally recognized by the relevant authorities.

The importance of drafting and reviewing contracts:

Did you know that drafting and reviewing contracts is of great importance in transactions? As it is the ideal tool that guarantees the rights of all contracting parties, given that it is a legal document recognized by the relevant authorities, so it requires a great deal of expertise that qualifies the specialist in drafting it to clarify the obligations and rights of all parties and reduce the outbreak of disputes and disagreements.

Drafting and reviewing contracts requires extensive experience in this field so that they come out in a sound legal form that is in accordance with Islamic law. It requires that they be in direct words that are characterized by clarity, firmness and correct expression. If you want to obtain this service, you are here in the right place, where long professional experience, efficiency and professionalism in providing contract drafting and review services in Saudi Arabia.

Contract Elements:

For a contract to be valid, it must have the following elements: consent, subject matter, reason, and details as follows:

1. Consent, is the approval of the parties to the contract – who have the capacity and ability to act legally – and their acceptance of the terms it includes, provided that these terms are free from coercion, fraud, deception and the like.

2. Subject matter, which is the subject of the contract that must be adhered to by the contracting parties, provided that it exists, can be determined and is legitimate and that the price is estimated.

3. Reason, which is the purpose of the parties entering into this contractual relationship.

The most important criteria that must be met when drafting contracts:

Since drafting contracts means “expressing the wills of the parties in a manner that conveys the intended meaning between the parties and pouring it into a written form”, we at Thiqa Law Firm master the skills of this drafting, adhering to a number of criteria that guarantee all the rights of all contracting parties as follows:

1. Clarifying the type of contract.

2. The contract includes all the data related to its contracting parties, after verifying the eligibility of the contracting parties.

3. Verifying the validity of the documents and papers on which the contract will be drafted.

4. Verifying that no clause of the contract violates the laws and regulations followed in the Kingdom of Saudi Arabia.

5. Focusing on the rights and obligations of each party and clarifying and describing them accurately.

Drafting and reviewing contracts and agreements is essential to protect its parties from many potential problems and disputes, so it is necessary to seek the help of legal specialists who have the ability to provide this service properly.

The impact of reviewing and drafting contracts on their interpretation:

Legal specialists are supposed to be aware of the nature of the legal language in which the contract is drafted, regardless of its type, and to carefully choose the terms that express the clauses included in the contract to be consistent with their true and intended meanings.

You see some people who are reluctant to seek the help of experts in drafting contracts, which contribute greatly to ensuring the balance of rights and obligations in the contracting process, and perhaps their greatest concern is the speed of completing the required, and these may incur future losses resulting from poor drafting or inaccuracy of the contract.

On the other hand, you find many disputes that may arise between the parties to the contract that do not arise when it is drafted, but rather often arise when the contract is in effect, and the reason for this is the dispute over the interpretation of a word or sentence mentioned in the context of the contract, and from this it becomes clear that it is imperative for the person drafting the contract to pay great attention to choosing the appropriate terms and vocabulary with clear meanings.

Contract Drafting and Review Service:

We at Thiqa Law Firm provide our clients with contract drafting and review service in Saudi Arabia, with our extensive and specialized legal expertise in all types of contracts, and we also provide legal consultations related to this field.

You can obtain the service of drafting commercial, civil and administrative contracts. The following is an explanation of each of these types:

1. Civil contracts, which are those in which the subject of the obligation is a civil act, such as: sale, lease, will, gift, etc.

2. Commercial contracts, which are those in which the subject of the obligation is a commercial act, such as: contracting, brokerage, banking, supply, etc.

3. Administrative contracts, which is a contract concluded by a person with the aim of facilitating and organizing a public facility, by including exceptional conditions in the contract that are not common in individual contracts.

We also work on drafting contracts of various types as follows:

1. Consensual contract.

2. Formal contract.

3. Real contract.

4. Named contract.

5. Unnamed contract.

6. Bilateral binding contract.

7. Unilateral binding contract.

8. Exchange contract.

9. Donation contract.

10. Donation contract.

11. Specific contract.

12. Potential contract.

13. Immediate contract.

14. Time contract.

The most important fixed items that should be included in drafting a contract, regardless of its type:

1. Names of the parties to the contract, their descriptions and personal information.

2. Place of writing the contract and date of writing.

3. Introduction to the contract.

4. Spatial scope of the contract.

5. Subject of the contract.

6. Obligations of the contracting parties.

7. Duration of the contract or its period of validity.

8. Notifications.

9. Settlement of disputes arising from the contract.

10. Determining the competent authorities to consider any dispute related to the contract.

11. Termination of the contract.

12. Contract amendments.

13. Signatures and seals.

Contract review services:

You may need contract review services, which is a service no less important than its drafting and aims to address errors contained in the contract. We at Thiqa Law Firm provide contract and agreement review services, taking into account a number of criteria, the most important of which is ensuring the following items:

1. The capacity of the contracting parties, and the availability of all elements of the contract.

2. The availability of the terms of the contract period and termination, and whether the contract includes renewal or not.

3. The availability of all guarantees and pledges that must be taken by both parties.

4. The correctness and clarity of the words and terms contained in the contract.

5. The payment methods approved in the contract, and that it includes compensation clauses and penalty clauses for those who violate its terms.

6. The subject of the contract and its terms do not violate Islamic law and the laws adopted in the country.

7. The contract is free from all linguistic, technical and legal errors.

In any case, reviewing contracts and agreements requires special skills and high capabilities to detect legal errors and loopholes, so if you want to obtain this service at a high level of quality and accuracy, you need experienced lawyers with extensive professional experience in this field, which we provide to you at Thiqa Law Firm, whatever the type of contract you wish to review.

We provide you with a review service for commercial contracts, employment contracts, intellectual property transfer contracts, arbitration agreements, administrative contracts, insurance contracts, and others, where we provide a comprehensive report with a legal opinion explaining the shortcomings in the terms and articles of the contract, with an explanation of the legal treatment for them.

Why do we provide you with the best possible contract drafting and review services?

We provide you with the best possible contract drafting and review services because our work team has the following qualifications:

1. Providing a specialized scientific background in the field of law, especially professional competence in reviewing and drafting contracts and agreements.

2. Provides basic background on the subject of contracts of all kinds.

3. Ability to deal with the language in which contracts are drafted, and all related terms.

4. Ability to anticipate potential disputes resulting from the terms of the contract and work to develop legal solutions to avoid them.

5. Ability to negotiate and contract in modern local and international transactions.

We are distinguished by the accuracy of choosing the words of the formulation, so that we avoid using unnecessary or ambiguous words that lead to confusion, and we use short, specific words away from padding that suit lawyers.

All this and more qualifies us to be the preferred choice for many of our clients if they wish to request services to review contracts and agreements and draft them on correct scientific and legal foundations.

At Thiqa Law Firm, we provide the service of drafting local and international commercial contracts in Arabic and English, on a correct and clear scientific and legal basis that aims to continue commercial relations by setting possible possibilities for the dispute, and finding legal solutions by formulating them correctly in the terms of the contract according to the best international practices.

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This is a brief overview of drafting and reviewing contracts in the Kingdom of Saudi Arabia. If you want legal advice on drafting and reviewing contracts, or a lawyer specialized in drafting and reviewing contracts in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specialized in drafting and reviewing contracts.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

Debt Collection Concept:

Debt collection is the process by which financial dues owed by individuals or companies (the debtor) are tracked and collected on behalf of creditors in exchange for a known percentage of the total amount. This task is carried out by debt collection companies that are contracted by the debtor in order to recover their money if it is late on its due date.

Debt Collection Process:

Debt collection is one of the problems that commercial institutions and companies may be exposed to, regardless of their size and commercial activity, which results in many risks, most notably bankruptcy or liquidation. This problem results from the failure of the clients of these companies or institutions to fulfill their financial obligations when the due date comes, and it is obvious that company owners need financial flows to continue their projects, which forces them to resort to debt collection companies.

Debt collection companies act as the intermediary that collects the debt from the debtor to the creditor. The creditor is the person who provided the loan to be repaid at a specific time that was previously agreed upon, and the debtor is the person who borrowed the money and must return it to the creditor. In this article, we will define the function of these companies and how to act correctly to obtain your dues, whether you are an independent individual or the owner of a company or institution and are facing procrastination or delay from some debtor clients and difficulty in their commitment to payment on the scheduled dates.

What are debt collection companies?

They are legal companies specialized in the field of settling and collecting all types of debts. The need for such companies has recently emerged with the development of the financial and administrative system. These companies assume all the burdens and responsibilities related to debt collection for an agreed amount, and in a way that benefits the creditor and the debtor.

These companies rely on many methods to provide debt collection services, such as: amicable settlement, judicial settlement, or through the forced execution of executive bonds.

Why should you use debt collection companies?

If you are running a business or business, it is natural that you deal with customers and make your profits through different payment methods, including selling on account, or providing credit facilities to customers, etc., so that a date is agreed upon to pay the debts.

At some point, the debt collection process may become difficult, due to your customers’ inability to pay or their procrastination, which requires you to seek the help of specialized companies with extensive experience in the debt collection system.

These companies can recover debts of various types “late, due, bad” in exchange for percentages or conditions agreed upon with the customer.

The most important thing you should look for in debt collection companies:

It is natural that companies that provide debt collection services have a number of features that qualify them to provide this service with high professionalism and on scientific and legal foundations, including:

1. Possessing high legal expertise from theoretical and professional aspects and providing practical field practice in this field in the Kingdom of Saudi Arabia, and the ability to deal with all types of disputes before the competent judicial authorities.

2. The ability to manage time so that the debt collection service is provided in the shortest possible time, which positively affects the course of your business and commercial activities and provides you with the necessary financial liquidity for that.

3. Ensure that there are successful experiences in debt collection operations of any kind with previous clients, and get to know closely their evaluation of the company’s work.

The most important debt collection procedures followed in the Kingdom of Saudi Arabia:

It is possible that you deal with clients who procrastinate in the process of paying their financial obligations, especially if you own a large business, and you have a lot of late payments, which makes you seek the help of specialists in this field to provide you with debt collection procedures, but have you ever wondered what the basic procedures are that are taken in this field.

It may be very easy, as you communicate with the late-paying client, whether an individual or a company, and he may respond to you and pay you your dues, and you may stumble upon a client who procrastinates or is unable to pay despite your repeated communication with him and reminding him of his obligations.

Such behavior by clients may frustrate you, and may directly affect the continuity of your business and lead to its stumbling, and expose it to a liquidity deficit, in which case it is necessary for you to follow up on debt collection mechanisms in an effective manner, and through the laws and regulations approved in the Kingdom.

If you fail to collect your debts on your own and do not reach a satisfactory result with your clients, it may be time to contact Thiqa Law Firm, as we provide you with all services related to the debt collection system.

The most important debt collection procedures followed by our company are as follows:

1. Start with the option of amicable negotiation with the debtor.

2. If the first step is ineffective, we make a financial claim by filing a lawsuit with the competent courts, after obtaining the approval of our client.

All the previous steps require a work team with comprehensive knowledge of the systems and laws related to debt collection in the Kingdom of Saudi Arabia, which you can achieve by contacting Thiqa Law Firm.

The most important services provided by Thiqa Law Firm in the field of debt collection:

Debt collection procedures vary according to the type of debt and the method of collection. The following are the most important services we provide at Thiqa Law Firm in this field:

1. Collection of regular payments.

2. Collection of disputed payments.

3. Collection of bounced checks.

4. Collection of mortgage amounts and real estate installments.

5. Filing criminal and civil lawsuits and conducting labor claims.

6. Collection of amounts related to insurance claims.

7. Collection of commercial debts.

In providing our services, we rely on attention to detail and precise procedures that contribute to our obtaining effective results, and by applying the best practices and legal solutions with the highest standards of quality and professional efficiency. Through this, we aim to quickly restore the rights of our clients and ensure the cash flow of their companies and institutions.

Why do clients choose Thiqa Law Firm to obtain the debt collection service?

Obtaining a debt collection service requires searching for a law firm that has a lot of knowledge and professional experience in this field, as it requires a number of legal procedures that contribute to the speed of the collection process and maintain the continuity of existing business relationships. Therefore, the choice of a large number of clients falls on Thiqa Law Firm, thanks to God, and then we are distinguished by the following:

1. Good legal knowledge of the debt collection system in the Kingdom of Saudi Arabia.

2. Legal representation of clients in order to save them a lot of time and effort.

3. Representation before general courts, labor courts, executive courts, and commercial courts.

4. Choosing the appropriate legal procedure for each debt collection case and dealing with it professionally and efficiently.

5. High experience in pleading against those who procrastinate in the payment process, and settling bad debts.

6. Helping you collect debts in accordance with the systems and laws approved in the country.

7. We provide the debtor with legal advice and solutions that help him pay his debts.

8. We provide our services faster and at much lower costs than you would have spent if you did it yourself.

If you are one of our clients, you get the best debt collection mechanisms by providing a full legal scope that suits your requirements and needs, and saves you a lot of time, effort, costs and exposure to risks or legal problems.

We rely on all negotiation, legal, field and executive methods and procedures in our debt collection system, leaving no room for debtors to evade, using the latest assistive technologies according to the highest professional standards.

We provide debt collection services to all categories of clients and clients

If you are one of the following clients:

1. A bank owner, we collect all types of debts related to stocks, securities, loans, etc. on your behalf, as we provide the best legal solutions that help those in default to pay their debts.

2. A company owner, we save you a lot of time and effort in collecting your debts of various types in record time and effectively by taking legal measures and adopting appropriate solutions.

3. An individual, as we take care of the matter on your behalf and return your dues to you as soon as possible with our high legal capabilities and expertise.

At Thiqa Law Firm, we save time and effort on behalf of companies in collecting debts through legal settlement methods, and through judicial implementation to achieve continuous financial abundance. We are distinguished by our commitment and responsibility in dealing with clients, and we aim, through providing the best high-quality services in this field, to achieve continuous communication and obtain the best payment results, through our use of the latest approved strategies and technologies, and in line with the tremendous development witnessed by the world in the economic field, which enables us to maintain our leadership and gain the trust of our clients over many years of work in our field.

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This is a brief overview of debt collection in the Kingdom of Saudi Arabia. If you want legal advice in debt collection, or a lawyer specializing in debt collection in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specializing in debt collection.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From inside the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

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The concept of the company according to the Saudi Companies Law:

The company is a legal entity established in accordance with the provisions of the system based on an incorporation contract or bylaws whereby two or more persons are obligated to each contribute to a profit-oriented project by providing a share of money or work or both together to share the profit or loss arising from this project. As an exception to this, it is permissible – according to the provisions of the system – for the company to be established by the sole will of one person, and it is permissible to establish non-profit companies.

We may notice that there is a difference between the establishment of each of the institutions and companies in terms of the nature of each of them. The institution is owned by one person who is responsible for it and who manages it and is required to pay its financial obligations from his personal funds, while the company is owned by one or more persons and up to 50 partners, who enter as partners either in money or work. The company is divided into several types – we will mention them later – and it has a financial liability independent of the financial liability of the partners so that each partner’s obligation is limited to his share in the company.

Establishing companies is a multi-faceted process that requires a number of steps, including preparing the legal form, completing the procedures of the relevant government agencies, preparing and drafting contracts and regulations, etc., so that the company becomes an entity registered with the relevant government agencies and has its legal status, and can start practicing its commercial activity.

Are you looking for professional specialists in the field of establishing companies?

The forms of companies available for establishment in the law of the Kingdom of Saudi Arabia vary, and each has its own characteristics and conditions, which requires you to search for a specialized law firm that is distinguished by its extensive experience and professional competence in achieving the requirements for establishing companies in Saudi Arabia while adhering to its laws.

If you are ready to start a startup or a new company in Saudi Arabia, you need to register it officially, and contract with specialized offices in this field that understand well the type of company to be established and the nature of its work, and how to establish and register companies with the relevant authorities in Saudi Arabia. The following is a detailed guide that guides you on how to get the best possible service in this field.

Pre-establishment of companies:

The pre-establishment steps of companies are to determine the nature of the company itself that you wish to establish in terms of completing the following items:

1- Determine the company’s activity.

2- Determine its trade name.

3- Determine the type of company, whether it is a joint-stock company, holding company, joint-stock company, etc.

4- Determine the company’s headquarters and phone numbers.

5- Prepare all the papers and documents required to establish the company.

All of the previous items help specialists in achieving the requirements for establishing companies in Saudi Arabia correctly and legally.

Forms of companies according to the Saudi Companies Law:

The company that is established in accordance with the provisions of the system takes one of the following forms:
A- General Partnership.
B- Simple Limited Partnership.
C- Joint-stock Company.
D- Simplified Joint-stock Company.
E- Limited Liability Company.

The most important papers and documents required to establish companies in the Kingdom of Saudi Arabia:

The documents and documents required to establish companies in Saudi Arabia vary depending on the type of company. In general, the partners’ personal identity must be submitted, provided that it is valid, and the company form to be established must be filled out.

There are some types of companies that require a bank deposit certificate proving the existence of a certain percentage of the capital, such as a limited liability company. Also, establishing some medical companies requires providing proof of obtaining a scientific degree in this field.

As for the establishment fees, they depend on the type of company and its capital. Contact us to learn more about the requirements for establishing companies in Saudi Arabia.

Are you facing difficulty in establishing your company?

If you have any difficulties regarding establishing your company, do not worry, because we help you professionally in everything you need from procedures for establishing companies, registering them, issuing licenses and incorporation contracts, with our extensive experience in law, public relations and the system of establishing companies in Saudi Arabia.

Our services in the field of establishing companies also include the following items:

1- Amending incorporation contracts.

2- Adding and deleting partners.

3- Merging companies.

4- Transfer of ownership of companies.

5- Liquidation of companies.

We provide you with these services and others and we look forward to satisfying our customers, gaining their trust and achieving their interests by reaching the best practices and legal solutions that comply with professional and ethical standards.

Why choose us?

1- Because we have legal expertise and good knowledge of our customers’ requirements and needs regarding the establishment and creation of companies of various types.

2- Because we have extensive knowledge of the law of establishing companies in Saudi Arabia and the procedures and transactions that follow it.

3- Because we have a work team consisting of lawyers and consultants, and we have, thanks to God, a good reputation as one of the leading companies in the field of providing legal services, including the company establishment service.

The most important services that we can provide in the field of company establishment:

We provide you with everything related to the requirements for establishing companies in Saudi Arabia through a number of diverse services, the most important of which are:

1- Legal consulting services related to the types and system of establishing companies in Saudi Arabia.

2- Services for following up on the necessary procedures for establishing companies with the Ministry of Commerce manually and electronically, as well as all relevant government agencies.

3- Services for drafting and preparing contracts, regulations and documents necessary to register the company and start its activity.

Benefits you get when you request the company establishment service:

After knowing how to establish companies and that it is the process of forming a legal entity, obtaining this service provides your company with many advantages that will achieve success in your business, including, for example:

1- Limited liability, as in the event of establishing the company, its members are not legally obligated to contribute anything more than the nominal value of the shares held by the member.

2- The shares of any member of the company are movable and transferable property, which leads to investing money in shares, and provides liquidity to investors, who can sell the shares at any time they wish.

3- Continuity, despite changes in the members of the company, the company will be the same entity that enjoys the same privileges, as it continues to exist indefinitely until the company is closed.

4- As a separate legal entity, the registered company has the right to sue other persons in addition to companies, and a lawsuit can be filed against it by other companies and persons.

5- The company’s independence and flexibility in forming and implementing its own policies, despite being subject to the general principles of the laws regulating it in the country.

You can easily contact Thiqa Law Firm to obtain legal information and consultations that help you choose the right type of company that suits your requirements, and then we will complete the procedures for establishing companies and prepare, review and amend partner decisions on your behalf.

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This is a brief overview of establishing companies in the Kingdom of Saudi Arabia. If you want legal advice on establishing companies, or appoint a lawyer specialized in establishing companies, Thiqa Law Firm and Legal Consultations has lawyers specialized in establishing companies.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

The concept of litigation:

Litigation is the procedure that can be followed in the event of a dispute between two or more parties, and it is necessary to appoint a licensed and accredited lawyer to obtain this service in the best possible way, whether in person or via the Internet (remotely). The concept of litigation is that it is a legal confrontation between two opponents with conflicting interests, who are looking for a judicial solution after failing to reach an agreement between them through previously conducted negotiations.

Sometimes you need to obtain litigation services in the event of disputes – God forbid – regardless of their type and the conflicting parties, and here it is necessary to choose a law firm with extensive experience in this field, and licensed by the Saudi Ministry of Justice to complete litigation and arbitration procedures in accordance with the regulations and laws approved in the Kingdom of Saudi Arabia.

Contact us at Thiqa Law Firm, accredited and licensed by the Saudi Ministry of Justice to practice legal services and direct presence or electronic litigation before all courts and judicial authorities of all kinds.

About the Litigation System in Saudi Arabia

The Ministry of Justice in the Kingdom of Saudi Arabia seeks to simplify litigation procedures before the courts, and accordingly the judicial bodies are divided into four main bodies:

1- The Supreme Court.

2- The Court of Appeal.

3- First-instance courts.

4- The Execution Court.

We can summarize the degrees of litigation in the Kingdom of Saudi Arabia as follows:

1- The first degree: It is litigation in the primary court where the lawsuit filed by the plaintiff for the first time is considered, and this court relies in its rulings on the fundamental rulings of the judiciary.

2- The second degree: If one of the parties to the case is not satisfied with the ruling of the primary court, he refers his case to the Court of Appeal, which decides on the ruling of the primary court, whether by confirming or overturning the ruling.

3- The third degree: It is referring the case to the Supreme Court, which considers the rulings through its compliance with Islamic law, and contributes to the compatibility between judicial rulings, and its rulings cannot be appealed except after many strict rules are met.

Types of courts and their degrees according to Saudi law:

The court is the place where litigation and arbitration procedures take place between the litigants, as it follows the judicial authority which is independent of the legislative and executive authorities. The following are the types of courts and their degrees according to Saudi law:

1- The Supreme Court, headquartered in Riyadh, and its function is to verify the soundness of the application of Islamic law and laws.

2- The Court of Appeal, called “second-degree courts” and has a headquarters in each region of the Kingdom, and its responsibility is to consider appealable rulings issued by first-degree courts.

3- First-degree courts, which have headquarters in various regions of the Kingdom, and are specialized in issuing rulings in various lawsuits, so they are divided into five types, which are: general courts, criminal courts, personal status courts, commercial courts, and labor courts.

4- Execution courts, whose function is to directly adjudicate execution disputes, and it has the authority to enforce and supervise compulsory execution.

At Thiqa Law Firm, we represent our clients before all previous courts and judicial authorities, and complete all litigation and arbitration procedures with high professionalism.

A brief overview of litigation procedures before Saudi courts:

The following steps must be followed to complete the litigation process legally:

1- The opponents must attend in person or on their behalf, as a lawyer may attend on behalf of the opponent in litigation and arbitration.

2- If the plaintiff does not attend without submitting an acceptable apology to the court, the case will be dismissed, and a request can then be submitted to continue the case, where the court will set a session to consider it and notify the defendant of that, and in the event that the plaintiff is absent for the second time without submitting an acceptable excuse to the court, the case will be dismissed and will not be heard again except by a decision of the Supreme Court.

3- If the defendant is absent from the first session, and it would not have reached him personally or his lawyer in the case, the case will be postponed to another session with his notification, and if he does not attend the session without submitting an acceptable excuse to the court, the case will be ruled on and the judgment in it will be considered in absentia for the defendant.

For more details, you can contact Thiqa Law Firm to obtain litigation services and all legal consultations related to this field.

The most important litigation services provided to our clients at Thiqa Law Firm:

• Commercial litigation and arbitration services.

In which our office resolves disputes in the commercial, industrial, real estate, etc. field, and settles them in the best possible way, and completes the procedures quickly in record time compared to the time usually taken by the judiciary, while maintaining the confidentiality and privacy of clients.

• Dispute settlement services.

In which we examine cases and provide possible options to reach the best legal solutions compatible with the litigation system in Saudi Arabia.

• Representation services in lawsuits.

We represent our clients before all committees and litigation bodies in the Kingdom of Saudi Arabia at various levels with the aim of saving time, effort and costs, and achieving the client’s interest.

• Debt enforcement and collection services.

In which the work team at Mohammed bin Afif Law Firm chooses the most appropriate time for each collection procedure, starting from amicable settlement procedures to taking judicial action.

•     Arbitration and alternative dispute resolution services.

In this, the work team relies on a number of alternative means and methods, the most important of which are: negotiation, mediation and arbitration.

Electronic litigation service.

You can also, by communicating with our company, obtain the electronic litigation service, which allows the parties to the lawsuit to easily view all the procedures of the case and what is presented in it, with the possibility of conducting the pleading process electronically and exchanging memoranda and responding to the department’s requests without the need to review the court.

The completion of the electronic litigation process requires that the pleading period be valid, and that the service be activated in your case.

We provide you with the electronic litigation service and complete all the procedures and steps required to submit the request on the official platform of the Saudi Ministry of Justice, and track its status, as the beneficiary is notified in the event of receiving a new request from the judicial department to be able to respond to the department.

The most important litigation bodies in the Kingdom that we represent our clients in lawsuits before:

We at Thiqa Law Firm represent our clients in lawsuits before various litigation bodies in the Kingdom of Saudi Arabia, including:

1- Administrative Courts.

2- General Courts.

3- Court of Appeal.

4- Execution Court.

5- Banking Dispute Settlement Committee.

6- Commercial Papers Settlement Committee.

7- Insurance Disputes Settlement Committee.

8- Tax Disputes Settlement Committee.

9- Arbitration Centers and Committees.

10- Customs Disputes Settlement Committee.

11- Securities Disputes Settlement Committee.

12- Ministry of Commerce.

Why choose us?

1- Because we bear a great responsibility on your behalf, which is your authorization to us to follow up on your case and the procedures related to it within the corridors of the courts and the relevant authorities, and therefore it is imperative for us to deal with high professionalism and professional competence towards that.

2- Because we have a distinguished team with extensive experience, successful experiments and high professional competence, seeking to provide its services with high professionalism.

3- Because we are an accredited and qualified company from the Saudi Ministry of Justice and the Saudi Bar Association, and we have the right to attend and represent before all judicial and administrative authorities in the Kingdom of Saudi Arabia.

4- Because we have long experience in representing you as a plaintiff or defendant in all types of litigation and arbitration in various legal fields.

5- Because we provide you with the best and highest level in terms of litigation services in administrative, commercial, banking, labor, criminal, personal status, legal, insurance and compensation cases and others.

6- Because we are always close to you, we provide you with legal support as soon as possible to suit your requirements and achieve your aspirations.

At Thiqa Law Firm, we provide legal representation services on behalf of individuals, companies and institutions, and we put at your disposal our extensive cognitive and professional experience with our great attention to the smallest details in legal representation before commercial, administrative and general courts, litigation, arbitration and judicial committees, to meet your requirements and achieve your aspirations and goals in the best possible way.

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This is a brief overview of litigation in the Kingdom of Saudi Arabia. If you want legal advice in litigation, or to appoint a lawyer specialized in litigation, Thiqa Law Firm and Legal Consultations has lawyers specialized in litigation.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What is a commercial franchise in Saudi law?

A commercial franchise is a commercial contract concluded between two parties, whereby the first party, the owner of the product or service, grants the second party the right to exploit the trademark of his product or service, provided that the second party operates this product or service in a specific area and for a specific period, and in accordance with the work system of the first party, the franchisor.

The status of the contracting parties in the franchise system in the Kingdom of Saudi Arabia is as follows:

The first party, the franchisor, is the entity that owns the trademark that grants you the right to obtain the commercial franchise and use its own trademark.

The second party, is the entity that obtains the franchise and uses the trademark for a specific period agreed upon in the contract.

The commercial franchise is a profitable field, and has been growing in the Kingdom of Saudi Arabia recently, especially since it is a good and suitable opportunity for those who have capital, and want to establish their own company, and fear risk or exposure to losses and failure.

Advantages of obtaining a commercial franchise:

Some people who want to establish their own commercial projects seek to obtain a commercial franchise because of its many advantages, the most important of which are the following:

Avoiding many of the reasons for the failure of projects, especially beginners.

Using a well-known brand, which guarantees you success and profits faster.

The possibility of obtaining technical support from the franchiser.

Getting a lot of experience related to operations, management, marketing, etc.

Joining the franchiser in its marketing system, which includes customer service, after-sales service, advertising, etc.

Specifications of the commercial franchise contract:

It is necessary to look for an expert specialized in drafting commercial franchise contracts in the Kingdom of Saudi Arabia, to ensure that the contract is complete and includes all the required legal dimensions, which are as follows:

License, where you have the right to use intellectual property rights, which include trademarks, copyrights, etc.

Agency, which gives you the right to trade products or services under the trademark that you will use after obtaining the commercial franchise.

Technical knowledge, which gives you the right to use the franchisor’s business systems, by obtaining the necessary training to ensure your mastery of the work.

Get all types of commercial franchises in the Kingdom of Saudi Arabia:

If you contact Thiqa Law Firm, you can obtain various types of commercial franchises in the Kingdom of Saudi Arabia as follows:

Regional development franchise.

Individual franchise.

Direct franchise.

Transfer franchise.

Turnkey franchise.

Investment franchise.

Sales and distribution franchise.

Functional franchise.

Single unit franchise.

Main franchise.

Administrative franchise.

Partnership franchise.

We also provide all commercial franchise services in accordance with the legal system issued in 2020 in the Kingdom of Saudi Arabia, which includes – for example – trademark registration, drafting commercial franchise contracts and providing legal solutions for contractual relations, in addition to representing our clients before the competent Saudi courts.

Obtaining a commercial franchise is one of the best and fastest ways to make profits, in addition to being characterized by lower risks compared to other traditional projects. In other words, this system provides protection for your project through the operating systems followed by the franchisor.

Rights and obligations of the contracting parties to the commercial franchise:

Each of the contracting parties in the commercial franchise system in Saudi Arabia has rights and obligations, which we explain as follows:

The obligations of the franchisor are:

Granting a license to use its trademark.

Providing knowledge and technical support about the project management system at any time throughout the term of the contract.

As for the obligations of the second party who obtained the commercial franchise, they are:

Paying the property license fees, as well as paying a percentage of its sales to the granting party.

Adhering to the work system and customer service system followed by the granting party.

Practicing the work within the geographical area specified by the franchisor.

Commitment to purchasing products or services from the franchisor only.

Participating in all advertising and promotional campaigns organized by the franchisor.

Important tips before obtaining a commercial franchise in the Kingdom of Saudi Arabia:

It is useful for you to follow the following tips to ensure the success of your company’s business with the commercial franchise system:

Good research and careful selection of the company or brand granting the franchise, which has a good reputation, wide fame and high efficiency in terms of its administrative and operational systems.

It is also good to choose products or services that suit your professional experience and capabilities.

Prepare the business plan and appropriate financial obligations and cooperate with a specialized consultant in this field, especially with regard to the negotiation process and drafting the contract.

Document the franchise contract and translate it and do not include anything that violates the provisions of Sharia to be ready to register the trademark of the company granting the commercial franchise with the Ministry of Commerce and Industry in the Kingdom of Saudi Arabia.

The importance of hiring a law firm specialized in the field of commercial franchises in Saudi Arabia is to obtain high-quality services, ensure that your business is running in the best possible way, avoid risks, and know your rights and obligations. In addition, there are services for registering a commercial franchise contract with the Saudi Ministry of Commerce and Industry, which enables you to use the trademark granted to you on the facades of your project or company and enhance its marketing power and commercial confidence in front of its customers, banks, and official bodies.

Why is it important to register a franchise with the Saudi Ministry of Commerce and Industry?

Obtaining a franchise and registering it with the Saudi Ministry of Commerce and Industry provides you with a number of advantages that guarantee your rights, including:

The franchise company does not register another distributor in the same area as your franchise contract.

The franchise company does not grant the franchise to another distributor in the same area in the event of a dispute or lawsuit until a final judgment is issued.

If you are interested in establishing your own business and aspire to achieve profitable financial returns with the lowest levels of risks and costs, then the franchise provides you with many advantages and opportunities that include obtaining financial, operational, administrative, strategic and marketing benefits. To achieve these advantages, you must seek the help of specialized experts who will draft a franchise agreement for you, which is the primary reference for organizing the contractual relationship between you as a franchisee and the franchisor, and clarifying your rights and obligations.

The franchise agreement consists of a number of clauses related to the aspects of the franchise, and based on the franchise system in Saudi Arabia, a number of clauses have been identified that should be included in the agreement, the most important of which are:

Description of the franchise business, its duration and geographical scope.

The fees that the franchisee must pay to the franchisor.

Obligations of both parties regarding the franchisor’s training of the franchisee’s employees.

Obligations of each party towards the other.

Mechanism for settling any dispute related to the franchise agreement.

All of these clauses should be formulated on sound legal foundations, and with the knowledge of experts and specialists who have extensive cognitive and professional experience in this field and aim through this to protect your rights and inform you of your obligations, which effectively contributes to the success of your commercial project and reduces exposure to risks that other people may face in their own projects.

Franchise contracts differ based on the areas in which you wish to work, including, for example:

Franchise to manufacture or assemble and produce products.

Distribution franchise by choosing a specific marketing system determined by the grantor.

The privilege of providing fast services such as car maintenance services, fast food restaurants, etc.

Whatever field you choose, the safe haven for obtaining a commercial franchise in Saudi Arabia and ensuring the integrity of its procedures is after good research and scrutiny in choosing specialized law firms that have long experience and previous professional experience in this field, with extensive knowledge of all laws and regulations approved in the country.

At Thiqa Law Firm, we prepare legal studies on commercial franchise in Saudi Arabia and the Gulf countries and global transformation, innovate and manufacture the contents of operating manuals and draft local and international commercial franchise agreements and contracts in Arabic and English according to the latest international legal practices.

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This is a brief overview of commercial franchise in the Kingdom of Saudi Arabia. If you want legal advice on commercial franchise, or a lawyer specializing in commercial franchise in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specializing in commercial franchise.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From inside the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

What is meant by corporate governance?

Corporate governance refers to the rules by which a company is led and directed and includes mechanisms to regulate the various relationships between the board of directors, executive directors, shareholders and stakeholders, by establishing special procedures to facilitate the decision-making process and give it a transparent and credible character in order to protect the rights of shareholders and stakeholders and achieve justice, competitiveness and transparency in the market and business environment.

Corporate governance is an important topic for all local and labor companies in our current era, as the financial crises that the global economy has suffered from have placed the concept of corporate governance among the priorities.

Governance systems and laws in the world focus on limiting the use of administrative authority in the interests of shareholders, and work to activate the performance of boards of directors in those companies, as well as enhancing internal control and following up on the implementation of strategies and defining the roles and powers of shareholders, the board of directors, executive management and stakeholders, in addition to emphasizing the importance of transparency and disclosure.

The concept of corporate governance is a reform approach and a new working mechanism that will consolidate the integrity of financial transactions by setting determinants that serve the public interests and the private rights of shareholders.

Why corporate governance?

Companies that apply governance principles enhance the level of trust and confidence of their shareholders in their investments, because this is an indicator of the awareness of the board of directors and executive management of the risks surrounding the company and thus its ability to manage and reduce these risks, which helps the investor make his investment decision while taking into account other basic investment criteria, as companies practice governance effectively, which leads to attracting investors and gaining their trust due to the advantages of this company, the most important of which is providing justice and transparency to all stakeholders.

In most cases, investors resort to experienced people to manage the businesses of the companies in which they invest due to their lack of sufficient time and the necessary expertise to manage these companies. From this standpoint, the need arises to implement governance that enhances the confidence of the owners that the members of the board of directors and the executive management of the company are committed to achieving the company’s goals and preserving its rights.

The challenges are represented in the experienced managers who are not mostly company owners, as it is likely that the manager will give priority to his personal interests over the interests of the owners, hence the need to apply corporate governance, by building roles that aim to integrate and strengthen the relationship between the company’s management, its owners and all stakeholders, and thus achieve the principle of justice and transparency.

The importance and benefits of corporate governance:

The importance of corporate governance lies in several aspects, the most important of which are:

1- Economy: Corporate governance contributes to raising the level of the entire economy due to its importance in helping to stabilize securities, raise the level of transparency and attract investments from abroad and domestically alike, in addition to reducing the size of the risks facing the economic system.

2- Companies: Applying the principles of governance helps companies create a sound work environment that helps the company achieve better performance with the availability of good management, and therefore the economic value of the company is greater, in addition to the fact that good governance helps companies access financial markets and obtain the necessary financing at a lower cost, which helps them expand their activity, reduce risks, and build trust with stakeholders.

3- Investors and shareholders: Corporate governance aims to protect investments from loss due to misuse of power in a manner that is not in the interest of investors. It also aims to maximize investment returns, shareholders’ rights and investment value, in addition to reducing conflicts of interest, as the company’s commitment to applying governance standards activates the role of shareholders in participating in making major decisions related to the company’s management and knowing everything related to their investments.

4- Other stakeholders: Governance seeks to build a close and strong relationship between the company’s management, its employees, suppliers, creditors and others. Good governance enhances the level of confidence of all stakeholders to contribute to raising the company’s performance and achieving its strategic goals.

Corporate governance:

The concept of corporate governance emerged with the spread of corruption cases that plagued major companies, which led to major financial crises, which prompted the relevant authorities to codify the governance system and make it a means of combating financial, economic and administrative failure alike.

In 2012, the decision was issued by the Saudi Capital Market Authority to apply corporate governance requirements to various companies in the Saudi stock market. This is in order to raise the levels of quality and transparency of the securities sector, and create a suitable environment for investment in the country.

The Corporate Governance System includes 99 articles divided into 11 chapters, all of which aim to regulate the performance of the company’s management, and ensure the highest levels of integrity and transparency and work in a way that achieves the public interest of the company, its owners and shareholders, stakeholders, employees, workers and any person who has an interest in the company’s activity and decisions.

The most important principles of the Saudi Corporate Governance Law:

The most important principles of the Saudi Corporate Governance Law are as follows:

1- Ensuring shareholders’ rights and providing them with the required information regarding fundamental changes in the company, fair treatment of all shareholders in the company, and respect for the rights of stakeholders.

2- Full disclosure and transparency about the company, its activities and objectives, which should include: Disclosure of important information in accordance with high-quality accounting standards, and the use of an external auditor to audit the financial statements annually and disclose them to the Board of Directors and shareholders of the company.

3- Clarifying the responsibilities and powers of the Board of Directors, the most important of which is determining the structure of the Board of Directors and the basic tasks assigned to it, protecting the rights of individuals who have interests related to the company, and ensuring the implementation of laws and regulations.

Competencies of the Company’s Board of Directors in Light of the Saudi Corporate Governance Law:

The most important responsibilities of the Company’s Board of Directors in light of the Saudi Corporate Governance Law are as follows:

1- Determining sound and well-thought-out work plans and developing risk management policies.

2- Providing the necessary human and financial resources to achieve the company’s objectives.

3- Determine the company’s capital structure, approve the estimated budgets, supervise expenses, and verify the integrity of financial and accounting systems.

4- Monitor implementation and performance in the company.

5- Develop policies to regulate relations with shareholders and stakeholders in accordance with the provisions of the law.

6- Prepare reports for the Board of Directors, ensuring the accuracy of the data and information required to be provided.

7- Activate disclosure policies, and allow shareholders to view all the company’s activities and developments.

8- Distribute powers and tasks, and separate positions, as it is not permissible – for example – to combine the position of CEO with any executive position in the company.

9- Supervise the performance of executive management.

Protecting the rights of shareholders in the company:

As mentioned earlier, one of the most important principles of the Saudi Corporate Governance Law is to protect shareholders’ rights, which are as follows:

1- All shareholders receive their share of the profits to be distributed in the company, or their share of the funds and rights owned by the company in the event of its liquidation.

2- The right to participate in attending their assemblies and vote on their decisions.

3- The right to monitor the business of the company’s board of directors.

4- The right to dispose of shares.

5- The right to access information that does not cause harm to the company’s interests.

The importance of corporate governance and the need for it for companies and shareholders:

The importance of corporate governance for the public and private sectors is represented in four basic aspects: the economic, regulatory, social and legal aspects, as follows:

1- Achieving transparency and assuming responsibility.

2- Enhancing confidence in the company’s business.

3- Attracting more local and foreign investments and reducing capital flight.

4- Defining the powers of each of the company’s board of directors, shareholders, executive management and stakeholders.

5- Achieving sustainable development.

6- Creating a new generation of entrepreneurs and investors around the world.

7- Improving the quality of production of goods and services, and their ability to compete in local and global markets.

8- Discovering and correcting violations, and developing the performance of companies.

9- Achieving justice, integrity and transparency for all employees of the company.

10- Achieving the highest levels of transparency and impartiality in issuing the company’s financial reports.

11- Combating financial and administrative corruption in the company.

12- Reducing poverty, establishing the rules of justice and continuing the activity of companies.

13- All parties whose interests are related to the company obtain their rights in full.

14- Achieving the optimal utilization of resources.

15- Limiting the powers of the company’s board of directors and using them in a way that harms the interests of parties related to it, such as shareholders, bondholders, shareholders and others.

In short, the application of the governance system by companies means that the members of their board of directors and executive management are committed to achieving the company’s goals and preserving the rights of all its parties.

You can request corporate governance services in the Kingdom of Saudi Arabia by contacting Thiqa Law Firm, which includes a group of elite lawyers and consultants who believe in the importance of providing legal protection for clients and clients, and building a fruitful relationship based on success and trust in all cases that are dealt with by harnessing all our knowledge and professional expertise and relying on the best local and international standards.

Why Thiqa Law Firm in Corporate Governance?

We provide corporate governance services in the Kingdom of Saudi Arabia and everything related to its procedures with complete professionalism, and we strive to be the preferred choice for clients and clients who enjoy many advantages immediately upon contacting us, the most important of which are:

1- Completing corporate governance procedures in accordance with best practices and based on reports issued by the Capital Market Authority and the Ministry of Commerce and Investment.

2- Easy access to the necessary information by the board of directors of companies.

3- Adopting the best modern digital systems and programs regarding corporate governance requirements.

We do our best and put our extensive experience to work on the Saudi Corporate Governance Law to improve the performance of companies and achieve the concept of justice, integrity and transparency in their management and achieve their goals based on the correct legal and economic standards.

If you aim to protect your investments and the investments of your shareholders from being exposed to material and moral losses for any reason, and you wish to maximize investment returns and protect the rights of stakeholders associated with your company and activate their role in making decisions related to the management of the company, and you aspire to enhance reassurance and a sense of confidence in dealing with your company, do not hesitate to contact us to provide the best possible regarding corporate governance requirements and achieve all its standards and objectives.

The most important services we provide in the field of corporate governance in the Kingdom of Saudi Arabia:

Thiqa Law Firm provides you with a number of services related to corporate governance procedures, the most important of which are:

1- Providing specialized legal advice on corporate governance in the Kingdom of Saudi Arabia.

2- Drafting contracts and regulations related to shareholders’ and board of directors’ meetings, etc.

3- Providing full legal support regarding the preparation of corporate governance reports.

4- Evaluating the company’s corporate governance system and evaluating its board of directors.

5- Evaluating and reviewing annual reports and various disclosure forms.

6- Formulating corporate governance guidelines and development plans in line with the main policies, and supporting their implementation process.

7- Contributing to the professional development of the company’s board members.

Companies that are interested in applying corporate governance standards and requirements contribute effectively to protecting their investments, maximizing their returns and investment value, providing funding sources at the lowest possible cost, obtaining high levels of trust and attracting more investors. In other words, they work to create a suitable and stimulating work environment and good management that helps them achieve the best possible performance.

The corporate governance system is a self-control system for its activities:

One of the most important features of the corporate governance system in the Kingdom of Saudi Arabia is that it is a self-control of its activities, as practicing governance standards and principles means controlling the performance and practices of those in charge of the company and their commitment to the laws issued by the regulatory authorities and commitment to the company’s internal work regulations, which also contributes to reducing the risks that the company may be exposed to.

Do not hesitate to contact Thiqa Law Firm to request a corporate governance service under the supervision of an elite group of specialized lawyers and consultants who possess scientific and professional competence and strive to provide you with the best possible legal service.

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This is a brief overview of corporate governance in the Kingdom of Saudi Arabia. If you would like legal advice on corporate governance, or to appoint a lawyer specialized in corporate governance, Thiqa Law Firm and Legal Consultations has lawyers specialized in corporate governance.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

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About the General Secretariat of the Intellectual Property Disputes Resolution Committees in the Kingdom of Saudi Arabia:

Given the great importance of intellectual property in the progress and development of societies, the Kingdom of Saudi Arabia pays great attention to protecting and enhancing the enforcement of intellectual property, due to its impact on the local and global economy, and the keenness of the Saudi Authority for Intellectual Property, represented by the General Secretariat of the Intellectual Property Disputes Resolution Committees to keep pace with this development and work in accordance with the Kingdom’s Vision 2030, it has sought to raise operational efficiency in various aspects by supporting intellectual property committees by establishing the General Secretariat of the Committees for the purpose of reaching the highest degree of efficiency and quality of services related to intellectual property issues that the committees stipulated in the intellectual property systems specialize in, in a manner that ensures transparency, justice and speed of completion.

Trademark Grievances Review Committee:

The committee was formed pursuant to the decision of the Board of Directors of the Saudi Authority for Intellectual Property No. (2/17/2021) dated 11/20/1442 AH corresponding to 06/30/2021 AD.

The jurisdiction of the Trademark Grievances Review Committee:

The committee is competent to review trademark grievances:-

1- Grievance against a decision to refuse to register a trademark or suspend it on a condition.

2- Grievance against a decision to refuse to add or amend a registered trademark.

The Committee for Reviewing Violations of the Copyright Protection System:

The committee was formed pursuant to the decision of the Board of Directors of the Saudi Authority for Intellectual Property No. (2020/2/7) dated 03/07/1441 AH corresponding to 02/27/2020 AD.

The jurisdiction of the Committee for Reviewing Violations of the Copyright Protection System:

The committee is competent to review administrative violations related to violating the provisions of the Copyright Protection System and imposing the regulatory penalties stipulated in the system.

Patent Claims Review Committee:

The committee was formed pursuant to Cabinet Resolution No. (60) dated 01/18/1444 AH of five members, three of whom are regular members and two of whom are technical members.

Patent Claims Review Committee Jurisdiction:

The committee is competent to review all disputes and appeals against decisions issued regarding protection documents, including the following: –

1- Appeal against a decision to refuse to grant a protection document.

2- Invalidation of protection documents.

3- Transfer of ownership of a protection application or protection document.

4- Appeal against decisions to cancel protection documents.

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This is a brief overview of the General Secretariat of the Intellectual Property Dispute Resolution Committees in the Kingdom of Saudi Arabia. If you would like legal advice on intellectual property or to appoint a lawyer specializing in intellectual property cases or an agent in intellectual property in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specializing in intellectual property.

You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.

From within the Kingdom: 0112048444

From outside the Kingdom: 00966112048444

Email: info@thiqahlawfirm.com

It is an initiative provided by Thiqa Law Firm and Legal Consultations, which specializes in receiving requests for legal aid for those whose financial situation does not allow them to pay attorney fees, so that they can seek the assistance of a lawyer in personal status cases.

According to Rule (7) of the Code of Professional Conduct for Lawyers, the lawyer may, in order to serve the community, launch a community initiative for those in need by volunteering, including the following:

Providing legal assistance to those entitled to it, and technical advice.

The initiative includes personal status cases, and exclusively lawsuits: (alimony – custody – visitation).

To register:

https://forms.gle/7gAMCqNoZNKVDwWy9

Service Description: It is a service provided by Thiqa Law Firm and Legal Consultations, which allows the client to pay legal service fees in easy installments via Tabby or Tamara, according to the client’s desire.

What are the legal services that are paid in installments?

Legal consultations – Personal status cases – Labor cases – Termination cases – Preparing and drafting contracts – Objection regulations – Documentation.

Is the service provided to individuals and companies?

The service is for individuals only.

What is the way to request the legal installment service?

Contact us by calling or WhatsApp

0112048444

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