The legal basis for returning the undue payment: A law doctrine analysis

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Abstract

This study critically examines the doctrinal foundations and normative justifications of the obligation to return an undue payment under the Saudi Civil Transactions Law (CTL) (2023). It contends that the CTL’s provisions on undue payment invoke a complex interplay between classical Sharīʿah-inflected norms and modern civil law doctrines of restitution and enrichment, a tension foregrounded in comparative scholarship (Davrados, 2023). Adopting a descriptive-analytical legal methodology, the article interrogates the role of intent — both of the payer and the recipient — in delineating liability for repayment and in determining when a transaction, although formally valid, becomes undue by reason of lacking a juridical basis. The analysis differentiates undue payment from other restitutionary mechanisms, demonstrating that even payments made in good faith may trigger an obligation of return when the underlying legal cause fails (Corletto, 2024). The findings reveal a persistent doctrinal and pedagogical gap in Saudi legal education and scholarship regarding undue payment, and they support targeted legislative refinement and curricular reform to strengthen the practical enforceability of CTL rules and align Saudi civil law with advanced comparative standards.

Keywords: Undue Payment, Restitution, Unjust Enrichment, Civil Transactions Law, Sharīʿah Principles, Comparative Private Law

Authors’ individual contribution: Conceptualization — S.M.A. and A.S.A.A.-M.; Methodology — S.M.A. and A.S.A.A.-M.; Formal analysis — S.M.A. and A.S.A.A.-M.; Investigation — S.M.A. and A.S.A.A.-M.; Writing — Original Draft — S.M.A. and A.S.A.A.-M.; Writing — Review & Editing — S.M.A. and A.S.A.A.-M.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K4, K15, K19

Received: 24.06.2025
Revised: 04.11.2025; 03.12.2025
Accepted: 08.12.2025
Published online: 10.12.2025

How to cite this paper: Alhamed, S. M., & Al-Marri, A. S. A. (2025). The legal basis for returning the undue payment: A law doctrine analysis. Corporate Law & Governance Review, 7(4), 59–66. https://doi.org/10.22495/clgrv7i4p6