Sources reviewed
The Saudi legal rule
Total impossibility beyond the debtor’s control extinguishes both reciprocal obligations and dissolves the bilateral contract. Partial impossibility extinguishes the affected part and its counterpart. The creditor may seek rescission, which may be refused for a minor part. Temporary impossibility in contracts performed over time follows the partial rule. [1]
What the records establish
If an export restriction affects one model, identify its origin, scope, duration and permitted alternative sources. Collect the order, substitution attempts and buyer responses. If the court appoints an expert, ask it to define the technical question in the order. The expert can identify which obligations were physically impossible and which alternative methods remained available, with dates. [4]
Likely defence and next step
Only the usual transport route may be unavailable. Obtain transit times and costs for alternatives and propose delivering unaffected items with a transparent allocation of the advance.
Applicability on 2026-10-30
Published on 19 June 2023, the law took effect on 17 December 2023. [2][3] It applies to commercial transactions where compatible with their nature and no special commercial provision governs. For earlier events, check whether a party invokes a conflicting applicable provision or judicial principle, or a time bar had already begun to run before commencement. [2]
Sources
- نظام المعاملات المدنية | Saudi Civil Transactions Law 110
- مرسوم الإصدار ونفاذ النظام | Promulgation and commencement Royal Decree M/191, clauses V–VI; Civil Transactions Law, art. 721
- أم القرى | Official Gazette Cabinet Resolution 820, publication on 1444-12-01 AH
- نظام الإثبات | Evidence Law 110–111
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