Preventive and Compensatory Protection against Damage Arising from Things under the Saudi Civil Transactions Law: A Doctrinal, Analytical, and Applied Study

Abstract

This study examines the integrated legal framework governing damage arising from things under Articles 130-135 of the Saudi Civil Transactions Law. Rather than limiting the inquiry to compensation after damage occurs, it analyses the preventive remedy available before threatened damage materialises. The research gap lies in the absence, within the reviewed literature, of an integrated Saudi study combining liability for animals, buildings, and things requiring special care with preventive measures, the statutory definition of the custodian, and the safety restriction governing the use of public utilities. The study adopts doctrinal and analytical methods, supported by limited functional comparison and practical applications. It concludes that Saudi law establishes a dual system: compensatory protection based on custody, damage, and causation, subject to proof of a cause beyond the custodian’s control; and preventive protection enabling the threatened person to require safety measures before damage occurs. The study also identifies a material distinction between the exoneration formula applicable to animals and special-care things and the formula governing building collapse. It further highlights the statutory distinction between the custodian and the owner regarding the cost of preventive measures. The paper proposes a structured judicial test and an evidentiary matrix applicable to animals, buildings, elevators, electrical and gas equipment, machinery, and public utilities. It recommends interpretive guidance clarifying actual authority, special care, urgent intervention, and allocation of preventive costs where ownership and custody are separated.