Explanation of Article 2
The article clarifies that the calendar considered when calculating periods or deadlines mentioned in the system is the Hijri calendar, as it is the officially adopted calendar in the Kingdom, as stated in Article Two of the Basic Law of Governance.
The system includes many periods, such as limitation periods and periods for the expiration of rights. As for deadlines, they are issued by the competent authorities when determining a specific procedure, such as court dates and the like.
The ruling of the article does not apply if the parties agree to consider a calendar other than the Hijri, such as the Gregorian calendar, in their dealings concerning their obligations and rights. The ruling of the article also does not apply if there is a custom among the parties to consider a calendar other than the Hijri, in which case that calendar is used. Conversely, if periods or deadlines are mentioned in transactions or contracts and there is no stipulation that they are subject to the Gregorian calendar, nor is there a custom or practice among the parties to that effect, they are subject to the ruling of the article and are calculated according to the Hijri calendar. For example, if the sale price or rent is in installments and there is no agreement or custom to use the Gregorian calendar, it is determined by the Hijri calendar.
The application of the article's ruling on periods or deadlines is not limited to years or months if they are only counted, but also applies if they are described, such as if the parties agree to waive the first year of rent, or that the rent is to be paid at the end of the sixth month, or that the rent is semi-annual, and so on.
It is necessary to emphasize what is established in the general rules regarding the method of calculating periods and deadlines; the day on which the notification or the order considered by the system as initiating the period or deadline is not counted. The deadline or period expires at the end of the last day if the action must occur on that day. However, if the deadline must expire before the action, the action cannot occur until after the last day of the deadline. If the last day of the deadline coincides with an official holiday, it extends to the first working day thereafter. If the holiday is at the beginning or in the middle, it is counted within the period or deadline.
Related To
Article 2
All periods and deadlines provided for in this Law shall be calculated according to the Hijri calendar.