Specific Performance
Synonyms: Performance in Kind، Specific Relief، Order to Perform
Last updated: 2026-09-25
Short Definition
Specific performance is an order compelling the debtor to perform exactly what he undertook in the contract, such as handing over a property, transferring its ownership or completing a work, instead of merely paying money damages, where this is possible and the creditor requests it after formally notifying the debtor.
Overview
Legal Basis
Specific performance rests on the Civil Transactions Law issued by Royal Decree No. (M/191) dated 29/11/1444H: Article 164 on compelling performance in kind after formal notice, Articles 167 and 169 on obligations to do or refrain from doing, Article 170 on compensation where performance is impossible, and Article 657 on ownership passing only once the statutory procedure is completed. Judgments are enforced under the Execution Law issued by Royal Decree No. (M/53) dated 13/8/1433H (Articles 68–70: direct execution, a daily fine of up to SAR 10,000, and detention), to be replaced on entry into force by the Execution Law issued by Royal Decree No. (M/237) dated 3/11/1447H (Articles 36 and 37). For off-plan sales, Article 20 of the Law on the Sale and Lease of Off-Plan Real Estate Projects (M/44 dated 10/3/1445H) obliges the developer to complete the project on schedule.
Practical Example
A buyer in Riyadh agreed to purchase a residential plot for SAR 1,200,000 and transferred the full price by bank under a written contract, but the seller refused to transfer the title deed after land prices in the district rose. The buyer sent a formal notice and then sued in the General Court asking that the seller be compelled to transfer title, rather than seeking a refund, because no sum of money could replace that particular location. The court ordered the transfer, and once the judgment became final the buyer submitted it to the Execution Court. As the seller did not comply within the statutory period, direct-execution measures were taken, and the execution judge could impose a fine of up to SAR 10,000 per day of delay. Had the seller already sold and registered the plot to a good-faith buyer, specific performance might have become impossible and the right would have turned into compensation.
Common Mistakes
- ✗Claiming damages only when specific performance of a unique property is possible — the creditor may lose the property itself and receive a sum that does not replace it.
- ✗Suing without formally notifying the debtor — compelled performance in kind follows formal notice unless a statutory exception applies.
- ✗Paying the full price without a written contract or clear proof — it then becomes hard to prove the obligation to be enforced in kind.
- ✗Waiting until the debtor sells and registers the property to a good-faith third party — specific performance may become impossible and the right turns into compensation.
- ✗Expecting specific performance of a personal obligation that cannot be compelled — the court may limit the right to compensation or authorise performance at the debtor's expense.
International Differences
In civil-law systems such as Egypt, France and Turkey, specific performance is the default and compensation its substitute, and the wording of Saudi Article 164 is very close to the Egyptian Civil Code's rule on compelled performance in kind after notice. In English and US law, specific performance is an exceptional, discretionary remedy granted when damages are inadequate, although it is routinely granted for land contracts because every property is treated as unique. UAE civil transactions law follows the same civil-law logic. The practical difference in Saudi Arabia lies in the Execution Court's strong enforcement tools, such as daily fines, travel bans and detention.
