المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. الحقوق الشخصية

    Principle 976Yield. Its nature. The obligation of the person who committed the usurpation to pay it. Its implication. The right of a co-owner in undivided ownership to have recourse against his co-owner who usurped the portion allottCivil Matters — Volume 10 · Source page ٢١١
  2. Principle 978Lineage to a deceased person is established only within an action concerning a right or property. The reason therefor. - The intended litigant and the constructive litigant in Islamic Sharia. The meaning of each. - A linCivil Matters — Volume 10 · Source page ٢١٢
  3. Principle 979The leasehold right arising from a lease contract. A personal right. Its distinction from usufruct, which is a right in rem derived from ownership and attaches directly to the thing concerned, encompassing the power to uCivil Matters — Volume 10 · Source page ٢١٢

  4. الحقوق الشرعية

    Principle 980Prescription as a cause for extinguishment of personal rights that have remained unsatisfied for a period of time. Its adoption by the legislature. Its reasons. Out of respect for settled situations or adoption of a presCivil Matters — Volume 10 · Source page ٢١٢
  5. Principle 981Financial rights under Sharia—such as deferred dower and maintenance. Their receipt before they become due is valid by agreement. The characterization thereof.Civil Matters — Volume 10 · Source page ٢١٢
  6. Principle 982Rights under Sharia. Are not extinguished by prescription. The rationale for this: the saying of the Messenger, may Allah bless him and grant him peace, (The right of a Muslim person is not extinguished by prescription, Civil Matters — Volume 10 · Source page ٢١٢

  7. الحق الذي يتلقاه الورثة عن المورث

    Principle 984The husband has the right to take back his divorced wife during her waiting period by his sole will, whether she consents or refuses. This right is not extinguished by waiver, to avoid altering the law of Allah Almighty.Civil Matters — Volume 10 · Source page ٢١٣

  8. الحق الذي يتلقاه الخلف عن السلف

    Principle 985A judgment rendered against the deceased is not binding upon the heirs if they are exercising a right of their own and not a right received from the deceased. Example. The right received by the successor from the predeceCivil Matters — Volume 10 · Source page ٢١٣

  9. الحق المدني

    Principle 986Judgments rendered against a predecessor are binding upon the successor regarding the right received from him, whereas judgments rendered against a particular successor have no binding authority against the grantor of thCivil Matters — Volume 10 · Source page ٢١٣
  10. Principle 987The liability of the perpetrator of a harmful act is civil. Its implication: the right established for the injured party is civil and does not yield interest. Article 305, Civil Code. The judgment's contravention of thisCivil Matters — Volume 10 · Source page ٢١٤

  11. الحق في العلامة التجارية

    Principle 988A civil right does not yield interest. The basis thereof. The right to a trademark:Civil Matters — Volume 10 · Source page ٢١٤

  12. الحق المقترن بشرط أو بأجل

    Principle 989Trade name and trademark. The nature of each. - A person's acquisition of ownership of a trademark. Its effect. Establishment of protection for him preventing others from using it. The nature of this right. Its restrictiCivil Matters — Volume 10 · Source page ٢١٤
  13. Principle 990A suspensive condition. That upon whose fulfilment the existence of the obligation depends. - A suspensive condition dependent upon the will of one of the parties to the obligation. A valid condition. The reason. - The eCivil Matters — Volume 10 · Source page ٢١٤
  14. Principle 991A right subject to a term. A fully existing right whose enforceability depends upon the arrival of the term. - Deferring performance of an obligation until the debtor performs an act dependent upon his will. The creditorCivil Matters — Volume 10 · Source page ٢١٤

  15. الحق المقترن بأجل واقف

    Principle 992A right subject to a term. A fully existing right whose enforceability follows upon expiry of the term. Its implication: an obligation subject to a term that has not yet expired is not due for performance unless the persCivil Matters — Volume 10 · Source page ٢١٥

  16. الحقوق العينية وحق الملكية

    Principle 993A right subject to a suspensive term. It is a fully existing right. Its enforceability depends on the arrival of the term, even if the time of its occurrence is unknown. The period prescribed for barring the hearing of aCivil Matters — Volume 10 · Source page ٢١٥
  17. Principle 994Usufruct. Its definition. A principal real right attaching directly to the thing enjoyed. It grants its holder some of the owner's powers, such as use and exploitation of a thing owned by another, in accordance with the Civil Matters — Volume 10 · Source page ٢١٥
  18. Principle 995The purpose of benefiting from government houses. Its nature. The Public Housing Authority has an evident interest in stipulating this right when allocating the dwelling.Civil Matters — Volume 10 · Source page ٢١٥
  19. Principle 996Issuance of Law 5 of 1959 concerning Real Estate Registration. Its restriction to making the transfer of rights in rem take place by registration, to the exclusion of the other provisions of the contract. Its effect. TheCivil Matters — Volume 10 · Source page ٢١٥
  20. Principle 997Creation, transfer, alteration or extinction of a principal real right in immovable property and final judgments establishing the same. Their registration is mandatory. Unregistered dispositions. Their effect: personal oCivil Matters — Volume 10 · Source page ٢١٦
  21. Principle 998An action for the validity and enforceability of a sale contract. An action on the merits. Its effect. The court of merits has authority to examine the subject matter, scope, and enforceability of the contract. The transCivil Matters — Volume 10 · Source page ٢١٦
  22. Principle 1000Issuance of a decision expropriating real estate for public benefit. Its implication. Its inclusion in the State's public property and removal from the sphere of dealings. The interested parties have no right over it othCivil Matters — Volume 10 · Source page ٢١٦
  23. Principle 1001The decision to expropriate for public benefit. The obligation to inform the concerned owners and apparent rights holders of it. How this is done: publication in the Official Gazette and posting on the door of the mukhtaCivil Matters — Volume 10 · Source page ٢١٦
  24. Principle 1002The difference between an ownership action and a possessory action. Its nature. The former protects the right of ownership and the rights in rem derived from it, and examination therein concerns the basis and lawfulness Civil Matters — Volume 10 · Source page ٢١٦
  25. Principle 1004A shareholder in a joint-stock company. His right is in the nature of a property right. He may pay one-fifth of the price of the shares upon subscription and pay the remainder within five years from the date of the decreCivil Matters — Volume 10 · Source page ٢١٧
  26. Principle 1005Registration of statements of claim submitted to suspend instruments requiring registration or recording for the purpose of challenging their content. Its effect: the claimant’s right, if established by an annotated judgCivil Matters — Volume 10 · Source page ٢١٧
  27. Principle 1007The seller's issuance of a real estate power of attorney to the purchaser and delivery of the title deed to him. The latter may issue similar powers of attorney to others. Registration of the contract by the last purchasCivil Matters — Volume 10 · Source page ٢١٧
  28. Principle 1008What is meant by an action for the validity and enforceability of a sale. Specific performance of the seller's obligations that would transfer ownership to the buyer. Granting the buyer's request for a judgment declaringCivil Matters — Volume 10 · Source page ٢١٧
  29. Principle 1009A sale with a right of redemption is the seller's reservation, upon sale, of the right to recover the property sold in return for repayment of the price and expenses. Its implication. The contract is regarded as a loan sCivil Matters — Volume 10 · Source page ٢١٨
  30. Principle 1010Issuance and publication of the expropriation decision and final assessment of compensation. Its effect. The expropriated property enters the public domain, earmarked for a public-benefit project, and is removed from theCivil Matters — Volume 10 · Source page ٢١٨
  31. Principle 1011Dispositions creating or establishing an accessory real right over immovable property, and final judgments establishing any such matter. They must be registered by entry. How this is done. Articles 9 and 18 of Decree 5 oCivil Matters — Volume 10 · Source page ٢١٨
  32. Principle 1012Registration of a trademark. A rebuttable presumption of its ownership. The burden of proving the contrary rests on the claimant to ownership. Article 65 of the Commercial Code. - A person’s acquisition of ownership of aCivil Matters — Volume 10 · Source page ٢١٨
  33. Principle 1013Possession of a movable under a valid title, where the disposition capable of transferring ownership to the possessor was made by a non-owner in good faith believing that he received the right from an owner. Ownership ofCivil Matters — Volume 10 · Source page ٢١٨
  34. Principle 1014Real property ownership actions are actions claiming title. Their registration is mandatory. - The right of inheritance. Its registration is not a condition for the transfer of real rights in immovable property to the heCivil Matters — Volume 10 · Source page ٢١٩
  35. Principle 1015Every right in rem over immovable property, whether a principal right in rem such as ownership or an accessory right in rem such as a formal mortgage, is considered immovable property. These rights in rem over immovable Civil Matters — Volume 10 · Source page ٢١٩
  36. Principle 1016Recovery is the legal means of protecting real rights or securing the right of pursuit that the owner of a thing has against whoever holds it. - Recovery by rights holders of their rights from the bankruptcy estate. Its Civil Matters — Volume 10 · Source page ٢١٩
  37. Principle 1017A mortgage. A right in rem that may not be the subject of an assignment of rights, which applies only to personal rights; however, like all security for a personal right, it follows that right and transfers with it to thCivil Matters — Volume 10 · Source page ٢١٩
  38. Principle 1018A lawyer may not receive his fees as a share in kind of the disputed rights whose defence he undertakes. Article 32/3, 1 of Law 42 of 1964, as amended. His setting them as a percentage of the value of the claim in the caCivil Matters — Volume 10 · Source page ٢٢٠
  39. Principle 1019An easement is a burden on an immovable property for the benefit of another immovable property owned by someone other than the owner of the first property, and it limits the benefit of the servient property for the benefCivil Matters — Volume 10 · Source page ٢٢٠
  40. Principle 1021Expropriation and temporary taking of real property. Their effect. Compensation for the expropriated property must be paid to the owners and holders of rights. Law 33/1964 concerning Expropriation. - Contracts of disposiCivil Matters — Volume 10 · Source page ٢٢١

  41. حق التتبع

    Principle 1022The rule that there is no estate until debts have been paid. Its import. Immediately upon death, the estate remains encumbered by an accessory right in rem for the deceased’s creditors to recover their debts from it in tCivil Matters — Volume 10 · Source page ٢٢١

  42. حق الدفاع

    Principle 1023The debtor's estate becoming encumbered, immediately upon his death, by an accessory real right in favour of his creditors, enabling them to follow it and recover their debts from it in the hands of any heir. Its implicaCivil Matters — Volume 10 · Source page ٢٢١

  43. حق الرجوع في الهبة

    Principle 1024The right of defence. Its requirements include enabling a litigant to respond to the documents and evidence submitted by his opponent, in a manner that fulfils the adversarial principle and observes the fundamental rulesCivil Matters — Volume 10 · Source page ٢٢٢
  44. Principle 1025Parents may revoke what they have gifted to their child without restriction. Article 537/1 of the Civil Code. - The general rule is the impermissibility of revoking a gift. The exception. The legislature set it out exhauCivil Matters — Volume 10 · Source page
  45. Principle 1026The precedence of creditors’ rights over the declaration of bankruptcy. It is determined by the date of the contract if the right arises therefrom, or by the date of occurrence of the harmful act, without regard to the dCivil Matters — Volume 10 · Source page
  46. Principle 1028Legal positions and acquired litigation. They may be affected only by a law providing for retroactive effect. - 222 - The Right - Administrative decisions, whether regulatory or individual. As a rule, they apply only to Civil Matters — Volume 10 · Source page
  47. Principle 1030Rights acquired under a law or a regulatory or individual administrative decision. Interference with them. It may occur only by a law providing for retroactive effect. Recourse for the right:Civil Matters — Volume 10 · Source page
  48. Principle 1031Conditions entailing forfeiture of the insured's right to insurance and conditions entitling the insurer to recover compensation it has paid. They may not be invoked against the insured if displayed in a distinctive mannCivil Matters — Volume 10 · Source page
  49. Principle 1032A surety who has paid the debt has the right of recourse against the debtor either by a personal action or by an action in subrogation. Transfer of rights and assignment of rights:Civil Matters — Volume 10 · Source page
  50. Principle 1033Sale of a disputed right. An aleatory sale transferring the right to the purchaser in its disputed state. Its import. The purchaser bears the risk of the outcome of the dispute concerning it. The reason. The purchaser puCivil Matters — Volume 10 · Source page
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