Unjust enrichment and restitution assessment in Saudi civil law

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Abstract

This study aims to clarify the theory of unjust enrichment as an independent source of obligation when filing a case for unjust enrichment, with particular focus on its incorporation into the new Saudi Civil Transactional Law. Using a descriptive methodology, the study delineates for Saudi lawyers, legal practitioners, and law students a framework for identifying incidents of unjust enrichment and applicable methods of restitution. It charts the evolution of the theory, defines the conditions under which unjust enrichment arises, and categorizes its various forms, which can involve money, services, or other benefits. It clarifies the procedural requirements when submitting an unjust enrichment claim to the courts and explains how restitution is assessed. By addressing a critical gap in the literature, this study enhances understanding of how unjust enrichment operates within Saudi civil law, which is rooted in Shariah principles. Its findings offer a detailed analysis of its theoretical basis and its distinction from related doctrines such as undue payment. Based on this analysis, it calls for stronger legal education on unjust enrichment and legislative reforms, including a dedicated restitution law, clearer assessment criteria, a shorter statute of limitations, and penalties for unreported cases.

Keywords: Unjust Enrichment, Restitution, Civil Law, Source of Obligation, Impoverishment, Litigation, Assessment

Authors’ individual contribution: The Author is responsible for all the contributions to the paper according to CRediT (Contributor Roles Taxonomy) standards.

Declaration of conflicting interests: The Author declares that there is no conflict of interest.

JEL Classification: K150, K410, K390

Received: 18.10.2024
Revised: 09.12.2024; 26.02.2025; 24.04.2025
Accepted: 28.04.2025
Published online: 02.05.2025

How to cite this paper: Al-Marri, A. S. A. (2025). Unjust enrichment and restitution assessment in Saudi civil law. Corporate Law & Governance Review, 7(2), 70–76. https://doi.org/10.22495/clgrv7i2p7