External causeIn Arabic: السبب الأجنبي

Definition

An external cause is a cause outside a person’s control, such as force majeure, the fault of a third party or the fault of the injured person. It excludes liability for the harm unless the parties have agreed otherwise.

How it varies across the GCC

Saudi Civil Transactions Law states it in article 125, and Bahrain’s Civil Code in article 165. Article 177 of the Omani Civil Transactions Law names, in the same place, an act of God alongside force majeure, third-party fault and the injured person’s fault.

The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.

Sources

Official texts for the points on this page. General information, not legal advice. An article number is cited only where it was verified.

1. Saudi Civil Transactions Law, art. 125https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/655fdb42-8c96-422b-b8c4-b04f0095c94c/1
2. Bahrain Civil Code, Decree-Law No. 19 of 2001, art. 165https://www.lloc.gov.bh/Legislation/HTM/L1901
3. Oman Civil Transactions Law, Royal Decree 29/2013 (text on qanoon.om), art. 177https://qanoon.om/p/2013/rd2013029/