Contractual Freedom and Restrictions Included Therein in The Saudi Civil Transactions Law

Abstract

The Saudi Civil Transactions Law-2023 (SCT Law-2023) was issued with the aim of expanding contractual freedom in a manner that keeps pace with the evolution witnessed by the Kingdom of Saudi Arabia (KSA) in all fields and the required flexibility in concluding contracts. The article aims to assess the status of the SCT Law-2023 on the issue of contractual freedom, by representing its manifestations and restrictions contained therein, by relying on the descriptive and analytical methodologies of the law provisions, and addressing the concept of contractual freedom in comparative law and Islamic Fiqh, where it is concluded that the SCT Law-2023 has a moderate status of the autonomy of the will principle. The main point is that the person’s freedom is to contract or not, the freedom to express his will and the obligation or liability to implement the contract. On the other hand, it does not let the will dictate so it is dominated by the establishment of legal relations, and determine their effects without regard to public interest. This means that the guarantee of contractual freedom does not imply immunity from restrictions required by public interests and stability of dealings.