Civil Transactions Law (contracts dated before 1 June 2026) · Federal Law 5 of 1985
Article 295
Section 4: The construction of contracts > Chapter Three: Acts causing harm
This law is repealed. The article applies to contracts dated before 1 June 2026; later contracts fall under the 2025 Civil Transactions Law.
English translation
The compensation shall be assessed in money, but provided that the judge may, according to the circumstances and upon the application of the victim, order that the plaintiff be restored to his former position, and he may also order that a specific act connected with the harmful act be performed by way of making good.
Official translation, as published by the portal.
Official Arabic text
يقدر الضمان بالنقد على أنه يجوز للقاضي تبعًا للظروف وبناءً على طلب المضرور أن يأمر بإعادة الحالة إلى ما كانت عليه أو أن يحكم بأداء أمر معين متصل بالفعل الضار وذلك على سبيل التضمين.
What it means when you sign
This article is about how compensation for a harmful act is set. Compensation is assessed in money. However, depending on the circumstances and at the request of the injured person, the judge may order that the situation be restored to what it was before, or may order a specific act connected with the harmful act to be carried out as a way of making good the harm.
When you are about to sign a contract, this article means that if one party causes harm, the usual remedy is a sum of money, but the injured party may ask the judge for something different, such as putting things back as they were or a specific act to put the harm right. A clause that says the only remedy for harm is a fixed payment, or that rules out repair or restoration, may be read against this article. The clauses to look at are those on liability, damages, repair and reinstatement, and any statement that money is the exclusive remedy.
Not yet cited in a Fahm report; shown because it sits in the same chapter as one that is.
Related articles
- Article 296Cited in Fahm reportsThis article makes void any condition that aims to exempt a person from liability arising from a harmful act.
- Article 297This article explains the relationship between civil liability and criminal liability.
- Article 106Cited in Fahm reportsThis article says that a person who uses a right in an unlawful way is held liable for it.
- Article 264This article is a single short rule: what is known and accepted as the custom between merchants is treated as if it had been stated as a condition between them.
- Article 265Cited in Fahm reportsThis article sets out how a contract is interpreted.
- Article 266Cited in Fahm reportsThis article has two parts.