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04 December 2020

18 Rabe'i al-Aakhir 1442

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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles

Law Summary Record Type: LawNumber: 16Date: 25/08/1971 Corresponding to 04/07/1391 HijriNumber of Articles: 477Status: In force

Official Gazette :Issue: 7Offcial Journal Issue Publication Date: 01/01/1971 Corresponding to 05/11/1390 HijriPage from: 3458

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3- Void

36 Article (Repealed)

Where the law recognises the right of one of the contracting parties to revoke the contract, the other party cannot avail himself of this right.
6/30/2004

37 Article (Repealed)

The right to void a contract shall be forfeited by express or implied authorization.

Without prejudice to third parties' rights, such authorization shall be effective on the date on which the authorization is concluded.

6/30/2004

38 Article (Repealed)

The right to void a contract shall be forfeited if not claimed by the concerned party, within the period of three years.

Prescription shall run: in the case of legal incapacity, from the date of the cessation of such incapacity; in the case of mistake or fraudulent misrepresentation, from the date on which the mistake or misrepresentation is discovered; in the case of duress, from the date it has ceased.

In all cases, the right to demand the revocation of a contract as a result of mistake, fraudulent representation or duress shall lapse after a period of fifteen years has elapsed from the date of the conclusion of the contract.

6/30/2004

39 Article (Repealed)

In case the contract is void, any oncerned party shall adhere to the nullity. The court shall, ex prprio motu rule on such invalidity. Nullity shall not be fortifeited by warranty. The nullity suit shall lapse fifteen years after the conclusion of the contract.

6/30/2004

40 Article (Repealed)

In case the contract was void or in case of its abolition, both parties be reinstated to their initial state. That being impossible, court may rule a fair compensation.

Though the incompetent shall not, due to their incompetency, be committed to remunerate anything more than what they have earned after concluding the contract.

6/30/2004

41 Article (Repealed)

Where any provision of the contract is invalid or voidable, such provision only shall be revoked, unless it is evident that the contract would not have been concluded without such provision, in which event the contract shall be revoked in full.

6/30/2004

42 Article (Repealed)

Where the contract is invalid or voidable, but including the elements of another contract, such contract shall be valid and counted as the contract including these elements itself; after proving the intention of the undersigned to conclude the contract.

6/30/2004

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