A Guarantee of Rights and a Faster Path to Enforcement

Introduction: A Legislative Shift that Accelerates the Enforcement of Rights

In the past, the only way to begin compulsory enforcement procedures in Saudi Arabia was by obtaining a final court judgment — a process that could take considerable time and effort. However, with the legislative developments introduced by the Saudi Enforcement Law and its regulations, the scope of enforceable instruments has expanded to include certified (notarized) contracts and documents.
This means that a certified contract now carries the same enforceability as a final judicial ruling.

This shift has significantly improved the commercial and investment environment, turning the certified contract into a direct tool for collecting rights and eliminating lengthy court procedures that once took months or even years.

This article explains the legal basis of certified contracts, the mechanism for direct enforcement, the role of the notary, and how this development has strengthened trust in contractual dealings within the Kingdom.

First: The Legal Basis of a Certified Contract as an “Enforceable Instrument”

A certified contract acquires its enforceable power from Article 9 of the Saudi Enforcement Law, which explicitly states that “certified contracts and documents are enforceable instruments.”
In other words, they may be directly enforced without filing a lawsuit to prove the right.

What does this mean?

  • A certified contract has the same legal effect as a final court judgment.

  • If one party breaches the contract, the creditor may directly file for enforcement before the Enforcement Court.

  • No need to prove the right or attend court hearings.

This development aims to promote speed, reduce disputes, and ease the burden on the court system.

Second: Types of Contracts That Can Be Certified and Become Enforceable

Not every contract qualifies as an enforceable instrument. Only contracts containing clear, executable obligations receive this status, such as:

1. Residential and Commercial Lease Contracts

Especially those certified through the Ejar platform — enforceable when rent payments are delayed.

2. Finance and Loan Contracts

Whether between individuals or through financial institutions, provided they are certified by an authorized notary.

3. Property Sale and Transfer Contracts

Once certified, they become directly enforceable.

4. Debt Acknowledgment Statements

One of the most commonly used enforceable instruments due to their clarity in establishing the creditor’s rights.

Certification gives these contracts strong evidentiary value and enables much faster enforcement.

Third: How Direct Enforcement of a Certified Contract Works

When a party breaches a certified contract, enforcement begins through the following steps:

1. Filing an Enforcement Request on the Najiz Platform

The creditor submits the certified contract electronically.

2. Issuance of the Enforcement Order

The Enforcement Judge issues the order immediately — without hearings — as long as the right is clearly established.

3. Notifying the Debtor

The debtor is typically given five days to comply.

4. Starting Compulsory Enforcement if Payment Is Not Made

This may include:

  • Freezing bank accounts

  • Suspending government services

  • Travel bans

  • Seizing property

  • Financial disclosure orders

  • Execution on movable or immovable assets

This makes the certified contract a powerful instrument that compels the breaching party to comply quickly.

Fourth: The Notary’s Role in Strengthening the Contract’s Enforceability

In the Saudi system, a notary is not merely a witness to signatures — they perform a public function under the Ministry of Justice with responsibilities such as:

1. Verifying the Identity and Capacity of the Parties

Ensuring awareness and consent.

2. Ensuring the Contract Complies with Legal Requirements

Clear terms free of legal violations.

3. Official Electronic Certification

Giving the contract a unique reference number within the Ministry of Justice system.

4. Providing High Evidentiary Value

Certification elevates the contract to the level of an enforceable instrument.

The presence of a notary increases trust and protects all parties from future disputes.

Conclusion: A Legislative Step that Supports Investment and Speeds Up Justice

Recognizing certified contracts as enforceable instruments represents a major milestone in the Saudi judicial system. It:

  • Protects rights more quickly

  • Increases contractual compliance

  • Reduces court caseloads

  • Creates a more investor-friendly legal environment

  • Strengthens trust in commercial and financial transactions

The enforceability of certified contracts makes breaching them a serious risk, as compulsory enforcement becomes straightforward and swift — reinforcing faster justice and a more reliable business environment in the Kingdom.