Arbitrariness in the use of rights in the Saudi system

Arbitrariness in the use of rights in the Saudi system

The theory of abuse of rights is considered one of the most important legal theories that Islamic law and the Saudi system have paid attention to, based on the jurisprudential rule “no harm, no harm”.

The Saudi system restricted the rights of individuals in a way that does not conflict with the rights of others or conflict with the public interest, and the Civil Transactions System clarified the types of rights, cases of abuse of the right, and when the injured party deserves compensation for the harm he suffered.

What are the types of rights?

A right is an authority granted by the system to a person that enables him to use and possess this authority within certain limits, and no one else can participate in it, such as ownership of a car, a house, etc.

According to the civil transactions system, financial rights are divided into personal and real rights, and real rights are:

• Original real rights:
  • Property right
  • Usufruct right
  • Right to use
  • Right to housing
  • Easement
  • Right to stop
• Dependent real rights, which are:
  • mortgage right
  • Franchise

What does abuse of right mean?

What does abuse of right mean?

It is a person’s illegal use of his own right or with the intention of harming others.

Examples of this include the arbitrary use of property rights by building a high wall to block the sun’s rays from the neighbor, or adhering to a condition in the contract with the intention of harming the other party to the contract, or a man divorcing his wife during a death illness with the intention of depriving her of inheritance.

It is the responsibility of the injured party to prove that the damage occurred because the other party used his right illegally or with the intention of harming him.

What are the criteria for arbitrary use of the right?

The civil transactions system does not permit arbitrary use of the right. Article 29 stipulates the criteria for arbitrary use of the right, which are:

• If a person intentionally harms others.
• If the benefit of using it is not at all proportional to the harm it causes to others.
• If its use is illegal or for an illegal purpose.

What are the consequences of arbitrary use of rights in the Saudi system?

What are the consequences of arbitrary use of rights in the Saudi system?

Arbitrariness in the use of the right leads to harm to others from the actions of the right holder, which results in the right holder bearing the responsibility of compensating the injured party for the harm he suffered as a result of this infringement, in accordance with the jurisprudential rule in force in Saudi courts “no harm, no damage”

What is compensation for arbitrary use of the right?

If the injured party proves that the damage and infringement occurred due to the other party’s abuse of his right, the judge shall decide to apply one of the following penalties:

• Remove damage or trespass if possible.
• Pay appropriate financial compensation along with the amount of damage caused to the injured party if it is impossible to remove the damage or its removal may result in significant damage.

A specialized lawyer from the office of Attorney Abdul Majeed Al Rashid provides a variety of legal services, including case study and analysis, drafting legal memoranda and defenses, representing clients before government committees and agencies, attending court sessions on behalf of clients, and other services.