Saudi law represents an integrated system that aims to organize relations between individuals and entities and define their rights and obligations in a manner that achieves justice and preserves rights. Within the framework of this system, we find that contracts are one of the important legal means that guarantee obligations between contracting parties, but in some cases, obligations arise without the existence of a formal contract between the parties, which is known in law as the concept of quasi-contracts, and the importance of quasi-contracts as one of the legal means concerned with organizing relations is highlighted Quasi-contracts seek to strike a fair balance between different parties and provide them with legal protection in circumstances that call for it.
In the Saudi legal system, quasi-contracts come as a type of civil obligation that contributes to protecting the rights of the parties and achieving justice through a mechanism based on respect for the right, restitution of grievances, and the principle of non-illicit enrichment. These obligations aim to correct situations that may arise from non-contractual transactions or acts that leave legal effects affecting the interests of the parties in this article we will review the concept of quasi-contracts in Saudi law and how they contribute to preserving rights and achieving justice.
What are quasi-contracts in Saudi law?
Quasi-contracts are obligations that arise between the parties without a clear contractual agreement or a concluded legal contract, as these obligations are imposed due to certain circumstances or conditions that lead to the emergence of a legal relationship that imposes an obligation on one party towards the other without the existence of consent or explicit approval of this obligation, and this type of obligations are exceptional in terms of their emergence unlike traditional contracts that depend on consent and agreement between the parties, and Saudi law deals with quasi-contracts as a means of protecting the rights of the parties in cases that are not covered by traditional contracts, and the Saudi law deals with quasi-contracts as a means of protecting the rights of the parties in cases that are not covered by traditional Quasi-contracts contracts come to balance and protect interests and avoid exploitation of situations by any party.
Examples of quasi-contracts in Saudi law
Quasi-contracts include multiple types of obligations that may arise indirectly, and common examples of quasi-contracts in Saudi law include the following:
Curious behavior arises when a person performs work on behalf of another person without a prior request or power of attorney from the latter, and the curiosity here is obligated to perform the task to the fullest, and in return, the stakeholder is obligated to compensate the curiosity for the expenses incurred in his favor without a clear contract between the two parties.
Undue payment Undue payment is a quasi-contract situation that arises when an amount is paid to another person without a legal basis for this payment and the receiving party is obligated to return the amount to the payer to prevent unjust enrichment and preserve the rights of the payer by the principles of legal justice.
Unjust enrichment is when a person benefits without legal justification, giving rise to an obligation to compensate to prevent unlawful exploitation of the situation and ensure that the rights of the injured party are preserved.
How quasi-contracts contribute to the protection of rights
Quasi-contracts effectively contribute to the protection of rights by establishing the principles of balance of interests and ensuring that no party exploits the situation to the detriment of the other party, as they seek to correct non-contractual situations that may lead to exploitation or injustice and aim to protect the injured party in a way that achieves a fair balance and prevents illegal enrichment to ensure that no party benefits from a situation at the expense of the rights of others without right or legal justification Moreover, quasi-contracts allow the injured party the right to claim restitution or compensation for the losses suffered, which preserves the rights of individuals and provides them with strong legal protection even in the absence of traditional contracts.
The legal foundations of quasi-contracts in Saudi law
Quasi-contracts in Saudi law are based on several legal bases aimed at protecting rights and establishing justice between the various parties. The most prominent of these bases is the principle of justice and equality, which enhances the value of justice in society and prevents illegal enrichment. Quasi-contracts also rely on the principle of fair compensation for the injured party, which contributes to achieving balance between the various parties, and the principle of justice represents the basis adopted by Saudi law to ensure fairness and restoration of rights in a balanced and equitable manner between individuals and institutions Quasi-contracts are also based on the principle of civil liability, whereby the party that benefited unjustly is obliged to compensate the injured party and restore his rights in a way that ensures the balance of the relationship and protects the rights of the various parties.
The importance of quasi-contracts in civil and commercial relations
Quasi-contracts represent an effective tool in civil and commercial relations in the Kingdom of Saudi Arabia, as they enhance trust between parties in various transactions and ensure the preservation of rights in situations that require additional legal protection without resorting to traditional contracts. They also contribute to resolving disputes fairly and effectively, which achieves stability in commercial and civil transactions alike. These legal obligations help avoid situations that may lead to disputes or illegal practices, thus enhancing stability and security in the economic environment and society in general.
Conclusion
Quasi-contracts in Saudi law constitute an essential part of the integrated legal system that aims to preserve rights and establish justice in relationships not covered by traditional contracts. Through these obligations, laws seek to protect the various parties from exploitation and ensure balance in situations where obligations arise without an explicit agreement. Quasi-contracts also contribute significantly to securing legal protection for affected parties and enhancing confidence in civil and commercial transactions in the Kingdom. The importance of these contracts comes from their effective role in achieving justice and fairness in society.
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