Unjust Enrichment as a Source of Obligation in Saudi Civil Law: Restitution and Assessment under the New Civil Transactions Law

Abstract

The doctrine of unjust enrichment has increasingly emerged as an independent source of civil obligation within modern legal systems, including those grounded in Islamic legal principles. This article examines the incorporation and operation of unjust enrichment within Saudi civil law, with particular emphasis on its recognition under the newly enacted Saudi Civil Transactions Law. The study aims to clarify the conceptual foundations of unjust enrichment and to provide a structured framework for identifying situations in which restitutionary claims may arise before Saudi courts. Adopting a descriptive and doctrinal methodology, the article traces the development of unjust enrichment as a legal concept and explains the essential elements required for its establishment, including enrichment, impoverishment, causal connection, and the absence of a lawful basis. It further categorises the different forms of enrichment, encompassing monetary benefits, services rendered, and other material or non-material advantages. Particular attention is given to the procedural dimensions of unjust enrichment litigation, outlining the requirements for initiating claims and the principles applied by courts in assessing restitution. The article situates unjust enrichment within the broader framework of Saudi civil law, which is informed by Shariah principles, and distinguishes it from related doctrines such as undue payment and contractual liability. By addressing a notable gap in existing scholarship, the study enhances understanding of the practical and theoretical role of unjust enrichment in the Saudi legal system. The article concludes by advocating for strengthened legal education on restitutionary principles and for targeted legislative reforms, including the adoption of clearer assessment criteria, the introduction of a dedicated restitution regime, the revision of limitation periods, and the imposition of sanctions for non-disclosure of unjust enrichment claims.