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When is the contracting party entitled to recover the amounts paid in the event of the other party's failure to fulfill its contractual obligations? And what is the effect of not submitting a statement of defense?

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The contracting party is entitled to recover the amounts paid if the other party fails to fulfill its contractual obligations, based on the evidence presented proving the contract, payment, and non-performance. The failure to submit a statement of defense within the specified deadline is considered a presumption of the authenticity...

The contracting party is entitled to recover the amounts paid if the other party fails to fulfill its contractual obligations, based on the evidence presented proving the contract, payment, and non-performance. The failure to submit a statement of defense within the specified deadline is considered a presumption of the authenticity of the documents presented by the other party, making them conclusive evidence against him, in accordance with Article (26/2) and Article (29/1) of the Law of Evidence, and Article (243) of the Implementing Regulations of the Commercial Courts Law.
Source: Radiif.com (رديف) · Saudi Legal AI Platform

Legal References & Citations

1
نظام الإثبات - Article 26

- المحرَّر الرسمي حجة على الكافة بما دون فيه من أمور قام بها محرره في حدود مهمته، أو حدثت من ذوي الشأن في حضوره؛ ما لم يثبت تزويره بالطرق المقررة نظاماً. - يكون مضمون ما ذكره أي من ذوي الشأن في المحرّ...

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