المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Personal Status

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 986 available principles

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  1. أ – بوجه عام

    Principle 999The minor's maintenance. A right established for him by Sharia and law; the female custodian may not waive it for an un- - 512 - Personal Status specified period. Her giving such a waiver to his father. Exceeds the limitPersonal Status · Source page ٥١٢
  2. Principle 1000The female custodian is not entitled to remuneration for her custody if she is the wife of a father or is observing her waiting period following separation from him and is entitled to maintenance from him, or during the Personal Status · Source page ٥١٣
  3. Principle 1001The female custodian's right to the young child's maintenance, including rent for custody accommodation, and she is the person with standing to claim the accommodation designated for the young child's custody. An examplePersonal Status · Source page ٥١٣
  4. Principle 1005The child's maintenance, including a servant's wages if needed, is incumbent upon his father. The condition thereof. The father's affluence. Example.Personal Status · Source page ٥١٣
  5. Principle 1006The minor's maintenance, including his educational expenses, under Egyptian Personal Status Law is incumbent upon his father in proportion to his affluence and from the date of his refusal to provide it. - Assessment of Personal Status · Source page ٥١٣
  6. Principle 1007Rent for the minor’s dwelling forms part of the maintenance owed to him; the female custodian is not liable for any of it unless she owns a dwelling in which she resides or which is designated for her residence. The implPersonal Status · Source page ٥١٣
  7. Principle 1009Maintenance for a minor child unable to earn is assessed according to his needs, the father’s means, the country’s environment and customs, and the circumstances of the child in custody. Example concerning provision of aPersonal Status · Source page ٥١٤
  8. Principle 1010The obligation to provide maintenance .for the child in custody. Its implication. Either paying housing rent to the female custodian or providing her with housing, whether owned by him or rented by him from another for tPersonal Status · Source page ٥١٤
  9. Principle 1011Maintenance of a poor minor child is payable by his father. The condition for this. The father must be affluent. Assessment of affluence and its absence. Within the trial court's authority. Its condition. - Inability to Personal Status · Source page ٥١٤
  10. Principle 1012The female custodian may receive the child's maintenance, including his accommodation allowance. She has standing to claim the dwelling allocated for the minor's custody. Article 197 of the Personal Status Law.Personal Status · Source page ٥١٤
  11. Principle 1013Assessment of maintenance of its various kinds and the extent of the means of the person liable for it. A matter for the court of merits, provided it is reasonable. Argument on the merits is inadmissible before the CourtPersonal Status · Source page ٥١٤
  12. Principle 1014A young child reaching fifteen years of age. He alone has the right to bring an action seeking an award of maintenance. An action brought by his mother seeking maintenance for him. Inadmissible. An example.Personal Status · Source page ٥١٤
  13. Principle 1016Maintenance of a minor child. It is incumbent on his father provided he has sufficient means. Inability to earn. Its cases: minority, being female, and equivalent circumstances such as pursuing education. - Assessment ofPersonal Status · Source page ٥١٥
  14. Principle 1019A son’s maintenance in the jurisprudence of the Ja‘fari school. Its restriction to food and clothing to meet his needs.Personal Status · Source page ٥١٥
  15. Principle 1020Disagreement between the female custodian and the guardian concerning the child in custody on matters other than attending to the child's needs. Its implication. The decision belongs to the guardian by virtue of his authPersonal Status · Source page ٥١٥
  16. Principle 1021The son who has reached the age of choice under the Ja'fari school and has chosen to live with his mother. His maintenance is obligatory upon his father, who may provide it in his own residence and require him to attend.Personal Status · Source page ٥١٥
  17. Principle 1024The female custodian's entitlement to receive the minor's maintenance. Its basis. The child's being in her care. The reason: authority over maintenance depends on actual care. If that care ceases, that authority ceases aPersonal Status · Source page ٥١٦
  18. Principle 1025Maintenance of relatives. Due from the date the action is filed. Unless the persons concerned have mutually agreed that it shall run from a specified date. The basis for this. - Filing a maintenance action. A rebuttable Personal Status · Source page ٥١٦
  19. Principle 1026Requiring the mother to pay maintenance. Its condition. The husband's indigence, whether he is capable of earning but has been unable to find gainful work, or has found work but it does not meet his needs and those of thPersonal Status · Source page ٥١٦
  20. Principle 1027Maintenance of a poor child incapable of earning is incumbent upon his father of sufficient means. Instances of this incapacity. - Assessment of the father's sufficient means or their absence is a question of fact. The cPersonal Status · Source page ٥١٦
  21. Principle 1030Maintenance of relatives. Entitlement begins from the date the action is brought or agreement is reached concerning it. - The date the action is brought. It is the date of the judicial claim and determines the scope of tPersonal Status · Source page ٥١٧
  22. Principle 1031Maintenance of an impoverished minor and his educational expenses. Incumbent upon the affluent father. His right to supervise the minor's affairs. Its condition. Sound judgment and the minor's interest. Assessment thereoPersonal Status · Source page ٥١٧
  23. Principle 1032Children’s maintenance. Its cause and condition. The existence or cessation of the need for maintenance. The judge may assess both. The consequence of that. It arises or ceases only by the judge’s ruling. - The mere exisPersonal Status · Source page ٥١٧
  24. Principle 1033Maintenance of a minor unable to earn a living. Obligatory upon his father who has sufficient means. A student. Deemed unable to earn a living. The reason: his engagement in acquiring knowledge occupies him to the exclusPersonal Status · Source page ٥١٧
  25. Principle 1036Disagreement between the female custodian and the guardian of the child in custody on matters other than the care of the child in custody. The decision rests with the guardian. The condition thereof. Sound judgment on thPersonal Status · Source page ٥١٨
  26. Principle 1037Maintenance of a minor incapable of earning falls upon his father. The mother may waive it. Its condition: the waiver must be for a known temporary period. Articles 117, 202 of Law 51/1984 and the Ja'fari and other schooPersonal Status · Source page ٥١٨
  27. Principle 1039Settlement agreement. Its effect. Resolution of the disputes it covers and extinction of the claims relinquished by - 518 - Personal Status each of the settling parties. The implication of that. The dispute may not be rePersonal Status · Source page ٥١٨
  28. Principle 1041The female custodian’s permanent residence with the girl in her custody in a foreign state other than the guardian’s country without his permission. Causes her right of custody to lapse. The effect thereof: lapse of her Personal Status · Source page ٥١٩
  29. Principle 1043Children's maintenance under Sharia. Its basis is the parent-child relationship, and its condition is need. Cessation of need. Its consequence. Termination of maintenance. The need for maintenance. Its existence from thePersonal Status · Source page ٥١٩

  30. ب – تقدير النفقة

    Principle 1046The person obliged to maintain the child in custody. His obligation to pay the allowance for his custodial accommodation. The female custodian's lack of entitlement to a custodial accommodation allowance. Its condition. Personal Status · Source page ٥٢٠
  31. Principle 1047Assessment of maintenance. A factual matter independently determined by the trial judge. The condition for this. - Disputing the amount of maintenance awarded. A factual argument that may not be raised before the cassatiPersonal Status · Source page ٥٢٠
  32. Principle 1048Assessment, increase, and reduction of maintenance. A matter of fact determined independently by the court of merits, without review, whenever its inferences have a basis in the case papers. It is not required to follow Personal Status · Source page ٥٢٠
  33. Principle 1049Assessment of maintenance is a question of fact within the independent discretion of the trial judge, provided that the ruling is based on material leading to that conclusion and having a basis in the case papers.Personal Status · Source page ٥٢١
  34. Principle 1050Assessment of maintenance for the wife and children. A matter of fact independently determined by the trial court. Its condition.Personal Status · Source page ٥٢١
  35. Principle 1052Assessment of maintenance is a question of fact within the trial judge’s exclusive authority whenever his ruling is based on inferences from evidence having a basis in the papers. Example concerning its upward adjustmentPersonal Status · Source page ٥٢١
  36. Principle 1053Change in circumstances in personal status matters or their remaining unchanged. A matter of fact exclusively assessed by the judge of merits, provided the assessment is sound.Personal Status · Source page ٥٢١
  37. Principle 1054Assessment of the father's affluence or its absence and maintenance of its various kinds. A matter of fact. Within the exclusive discretion of the trial judge, provided it is reasonable.Personal Status · Source page ٥٢١
  38. Principle 1055The Court of Appeal may adopt an assessment of maintenance different from that of the court of first instance.Personal Status · Source page ٥٢١
  39. Principle 1056Assessment of maintenance for the wife and children. A matter of fact within the trial court's exclusive discretion. Its condition. An example concerning assessment of maintenance for food and clothing for the wife and cPersonal Status · Source page ٥٢١
  40. Principle 1057Assessment of maintenance for the wife and children in proportion to the husband's circumstances of affluence or hardship. A factual matter. Independently determined by the trial court. Its condition.Personal Status · Source page ٥٢١
  41. Principle 1058Determining the refusal of the person liable for maintenance and its duration, and assessing maintenance in a manner appropriate to the circumstances of the person liable for it. - 521 - Personal Status A matter for the Personal Status · Source page ٥٢١
  42. Principle 1060The appellate court may differ from the court of first instance in assessing maintenance. The reason and condition for this.Personal Status · Source page ٥٢٢
  43. Principle 1061Hearing an action to increase or reduce maintenance. Impermissible before one year has elapsed since its imposition, except in exceptional supervening circumstances. The reason for this. Preventing vexatious actions and Personal Status · Source page ٥٢٢
  44. Principle 1062A revocably divorced woman. Her status is that of a wife in respect of entitlement to maintenance until her waiting period expires. - Assessment of maintenance and consolatory compensation appropriate to the husband's ciPersonal Status · Source page
  45. Principle 1063Assessment of maintenance, the extent of the affluence of the person obliged to pay it, and the date of refusal to provide maintenance. Within the trial court's authority in accordance with the facts of the action. Its cPersonal Status · Source page
  46. Principle 1064Ascertaining and understanding the facts of the action and assessing maintenance, the financial ease or hardship of the person liable for it, and the need of the person entitled to it. Matters for the trial court. WhenevPersonal Status · Source page
  47. Principle 1067Assessment of maintenance of all kinds, its increase or decrease, the means of the person obligated to pay it, and the female custodian’s need for a servant. Matters of fact. - The Court of Appeal may adopt an assessmentPersonal Status · Source page
  48. Principle 1068The Court of Appeal limiting itself to varying the appealed judgment. Reasons must be given for what the variation covers. Anything else. Is deemed to have been adjudged affirmed. - Assessment of maintenance of its varioPersonal Status · Source page
  49. Principle 1069Assessment of maintenance of its various types, the degree of affluence of the person obliged to pay it, and the need of the person entitled to it. A question of fact. The trial court's exclusive discretion to assess it.Personal Status · Source page
  50. Principle 1072Assessment of maintenance in its various forms. Within the trial court's authority. The condition for this. The Court of Appeal may adopt a view differing from the assessment of the court of first instance. Example. =Personal Status · Source page
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