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

Cassation principles Civil Matters — Volume 10

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,646 available principles

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  1. حق الانتفاع

    Principle 866Imprisonment of a debtor if he refrains from complying with a final judgment or final payment order despite his ability to pay. Its procedures and conditions. Absence of one of these conditions. Its necessary consequenceCivil Matters — Volume 10 · Source page ١٨٧
  2. Principle 867The meaning of the right of enjoyment under the presumption provided for in Article 943 of the Civil Code is that the transferor's enjoyment of the property throughout his lifetime, for his own account, must rest on an eCivil Matters — Volume 10 · Source page ١٨٨
  3. Principle 868The general rule is that fruits belong to the owner or the person holding the usufruct over the thing. The exception. The good-faith possessor's right to fruits he receives and benefits he obtains. The possessor is deemeCivil Matters — Volume 10 · Source page ١٨٨
  4. Principle 869Co-holders of a usufruct. Each has the right to claim the yield of his share from whoever is proven to have enjoyed its use. - A government house. Its allocation in equal halves. One of the two allottees leasing all its Civil Matters — Volume 10 · Source page ١٨٨
  5. Principle 870The right of usufruct over agricultural holdings. Conditions for its assignment. Article 2/2 of Decision 657 of 2003 concerning Regulation of the Relationship between the Public Authority for Agriculture Affairs and FishCivil Matters — Volume 10 · Source page ١٨٨
  6. Principle 871Granting a licence to enjoy the use of chalets. Its condition. The beneficiary must register his application during the period from 2/1/1985 to 31/3/1985 for chalets erected before the first of January 1985. Licensees maCivil Matters — Volume 10 · Source page ١٨٨
  7. Principle 872Fruits belong to the owner or the person having the right of usufruct over the thing. - Mesne profits are compensation to the owner of usurped real estate for the fruits of which he was deprived. The obligation of the peCivil Matters — Volume 10 · Source page ١٨٩

  8. حق الامتياز

    Principle 873Real property privately owned by the State. Its exploitation may take place only under a lease or a temporary license to use, evidenced in writing, specifying the parties' rights and obligations and the essential conditiCivil Matters — Volume 10 · Source page ١٨٩
  9. Principle 874A person occupying land pursuant to a concession right. Is not obliged to pay its owner consideration for its use so long as the concession right subsists. - 189 - RightCivil Matters — Volume 10 · Source page ١٨٩
  10. Principle 875A formal mortgage or special real estate privilege. Its enforceability against third parties is contingent upon its registration. The meaning of third parties. Everyone having a right prejudiced by the existence of the mCivil Matters — Volume 10 · Source page ١٩٠
  11. Principle 876The subcontractor's indirect action against the employer to claim what the latter owes the main contractor. Protection of the subcontractor from competition by the main contractor and his creditors. The means of this proCivil Matters — Volume 10 · Source page ١٩٠
  12. Principle 877The privilege securing amounts due to the Public Treasury in taxes, fees and other dues. Their ranking. In second place after the privilege for judicial expenses. - The privileged right and the subject matter of the privCivil Matters — Volume 10 · Source page ١٩٠
  13. Principle 878The subcontractor's direct action against the employer and the preferential right established for him over sums owed by the latter to the main contractor. Jurisdiction to hear it falls outside the jurisdiction of the AdmCivil Matters — Volume 10 · Source page ١٩٠
  14. Principle 879All the customer's assets secure repayment of the indebtedness. In recovering it, the State has priority over unsecured creditors if their debts do not bear an established date before 2/8/1990. The basis thereof. - 190 -Civil Matters — Volume 10 · Source page ١٩٠
  15. Principle 880The immovable property's seller's preferential lien over it for the price due to him. Following the property into whosoever's hands it passes and satisfying his claim in priority to other unsecured creditors and those ofCivil Matters — Volume 10 · Source page ١٩١
  16. Principle 881Issuance of a judgment declaring bankruptcy. Its effect. The bankrupt's creditors are barred from bringing actions against him and taking measures against his assets, and actions and measures undertaken by each creditor Civil Matters — Volume 10 · Source page ١٩١
  17. Principle 882Effectiveness of a special immovable-property preferential right against third parties. Its condition: registration of it or of the judgment establishing it. The meaning of third parties: everyone having a right prejudicCivil Matters — Volume 10 · Source page ١٩١
  18. Principle 883The employer and the subcontractor. No contract links them. The effect thereof. The latter may claim from the former, by an indirect action, what the former owes the main contractor. He also has a direct action and a preCivil Matters — Volume 10 · Source page ١٩١
  19. Principle 884Actions brought by ordinary creditors or creditors holding general preferential rights to claim their entitlements against the bankrupt debtor. They are not considered actions arising from the bankruptcy. The reason: theCivil Matters — Volume 10 · Source page ١٩١
  20. Principle 885Ordinary creditors holding general preferential rights. They may not take individual proceedings against the bankrupt debtor. They must submit an application to the bankruptcy trustee, who alone is competent to carry outCivil Matters — Volume 10 · Source page ١٩٢

  21. حق الإدارة في توقيع غرامة التأخير

    Principle 886The possessor of mortgaged real property. His payment of the secured debt or part thereof to the mortgage creditor. Its effect. His subrogation to that creditor in all his rights against the debtor to the extent of that Civil Matters — Volume 10 · Source page ١٩٢

  22. حق الشكوى والتقاضي والتبليغ عن الجرائم

    Principle 887The administration's right to impose a delay penalty in administrative contracts. Its purpose. Operating public services and ensuring their proper functioning. Imposition of this penalty does not require proof of damage Civil Matters — Volume 10 · Source page ١٩٢
  23. Principle 888The right to complain and litigate. A general right. Vested in everyone unless exercised with malicious intent.Civil Matters — Volume 10 · Source page ١٩٢
  24. Principle 889The right to report crimes. The criterion for entitlement to compensation for its exercise. Malicious use with intent to harm and injure. Assessment of the presence or absence of malicious use. A matter of fact within thCivil Matters — Volume 10 · Source page ١٩٢
  25. Principle 891No fault attaches to the judgment for not discussing the previous litigation, which is an inconclusive presumption. Basing its ruling on the litigant's conduct not constituting an abuse of his right relates to understandCivil Matters — Volume 10 · Source page ١٩٣
  26. Principle 892Referral of the debtor to the Institution for the Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms. Its effect. A creditor whose debt is unrelated to these transactions. His right to obtaCivil Matters — Volume 10 · Source page ١٩٣
  27. Principle 893Referral of a debtor to the Institution for the Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms does not prevent his creditors from resorting to the ordinary courts to obtain judgments fCivil Matters — Volume 10 · Source page ١٩٣
  28. Principle 894Attachment of the debtor's property in the hands of a third party. Its condition: the attachment applicant's right must be established by an apparent ground indicating its existence. Assessment of the existence of the riCivil Matters — Volume 10 · Source page ١٩٣
  29. Principle 895The decision of the Arbitration Panel for Forward Share Transactions prohibiting the debtor from disposing of his assets and appointing the Institution for Settlement of Forward Transactions in Company Shares as their reCivil Matters — Volume 10 · Source page ١٩٣
  30. Principle 896Recourse to the courts is among the public rights available to everyone. Diverting it from the purpose for which it was established and exercising it maliciously to harm others. Its implication. Liability for compensatioCivil Matters — Volume 10 · Source page ١٩٣
  31. Principle 897The right of recourse to the courts. Vested in everyone. Its condition: no deviation from the purpose for which it was prescribed, no vexatious use of it, and absence of harm to others; otherwise, liability for compensatCivil Matters — Volume 10 · Source page ١٩٣
  32. Principle 898A judgment concluding that a litigant is liable for damage arising from malicious and unlawful exercise of the right to litigate. It must state the factual elements and circumstances from which it inferred the intent to Civil Matters — Volume 10 · Source page ١٩٤
  33. Principle 899The right of recourse to the courts. It belongs to all people in defence of their rights. The courts have jurisdiction to decide all disputes. The exception. The Constitution or law assigning jurisdiction to another bodyCivil Matters — Volume 10 · Source page ١٩٤
  34. Principle 900The right of access to the courts. Guaranteed by the Constitution to all people, so it may neither be withheld from some of them nor may they be prevented from enjoying its full dimensions. The legislature may regulate tCivil Matters — Volume 10 · Source page ١٩٤
  35. Principle 901The Constitution's guarantee of the right of litigation to people. It does not restrain the legislature from regulating the exercise of this right. This includes organizing the courts and defining their jurisdictions andCivil Matters — Volume 10 · Source page ١٩٤
  36. Principle 902The right of recourse to the courts. Available to everyone. No deviation from this right with the aim of harming the opponent. Example.Civil Matters — Volume 10 · Source page ١٩٥
  37. Principle 903The defendant has standing in the action whenever the right sought therein exists against him. The basis thereof.Civil Matters — Volume 10 · Source page ١٩٥
  38. Principle 904A judgment. The condition for its validity. The existence of a dispute brought before the court through judicial proceedings between two parties. Its criterion. The existence of a dispute between two parties over a rightCivil Matters — Volume 10 · Source page ١٩٥
  39. Principle 905Reporting crimes is a right of individuals and a duty incumbent upon them; their failure to do so renders them liable to punishment. Article 14, Criminal Procedure and Trials Law. - Holding the reporting person liable foCivil Matters — Volume 10 · Source page ١٩٥
  40. Principle 907The right to litigate. Guaranteed to the people. The requirements necessary for exercising this right are prescribed by law. Article 166 of the Constitution.Civil Matters — Volume 10 · Source page ١٩٥
  41. Principle 908Disputes arising from performance of a contract. Agreement to resolve them by reconciling positions. This is not considered a choice of arbitration as known in law, but rather an amicable settlement of the dispute. FailuCivil Matters — Volume 10 · Source page ١٩٥
  42. Principle 909Abuse in the exercise of a right. Unlawful. - The right to litigate is among the permissible rights. The condition for this.Civil Matters — Volume 10 · Source page ١٩٦
  43. Principle 910Lapse of the right of pre-emption upon expiry of the period prescribed in Article 903/b of the Civil Code, which begins on the date of registration of the contract of sale of the real estate. Falls within the legislatureCivil Matters — Volume 10 · Source page ١٩٦
  44. Principle 911Recourse to the courts. A general right vested in everyone. The courts possess general judicial jurisdiction, unless the Constitution or the law provides, by way of exception, for the jurisdiction of another body. An excCivil Matters — Volume 10 · Source page
  45. Principle 912The rights of litigation and defence. Rights available to everyone. A person resorting to the courts to assert or defend his right is not liable. A person resorting to the courts deviating from his right with the aim of Civil Matters — Volume 10 · Source page
  46. Principle 913The general rule is that the holder of a right is not liable for harm caused to others by exercising that right. The reason for this. Exercising that right entails liability only if intended to cause malice or hardship, Civil Matters — Volume 10 · Source page
  47. Principle 914Reporting crimes. A right of individuals that they may exercise within the limits of the law. The report's being untrue. Insufficient to hold the reporting person liable for compensation. It must be established that he kCivil Matters — Volume 10 · Source page
  48. Principle 915The right to litigate and defend. Among guaranteed rights. The condition thereof: it must not be diverted from the purpose for which it was established and used as a means of obstinacy in litigation, harassment and malicCivil Matters — Volume 10 · Source page
  49. Principle 916The right of recourse to the courts. Diverting it from the purpose for which it was established and using it vexatiously with the aim of harming others. Its effect. Liability for compensation. Assessment of whether this Civil Matters — Volume 10 · Source page
  50. Principle 917Reporting crimes is among the rights conferred on individuals, which they exercise within the limits of the law. Its import. A person exercising it is not liable in compensation merely because his report is false and cauCivil Matters — Volume 10 · Source page
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