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

Search this collection

  1. نطاق تطبيقه

    Principle 56The jurisdiction of the Rentals Circuit pursuant to the provisions of Decree-Law No. 35/1978. Its criterion. Matters outside this jurisdiction. Example: an action of recourse by the payer against the debtor and a subrogaCivil Matters — Volume 10 · Source page ١٧
  2. Principle 57Exemption from the provisions of the Labour Law of owners of small establishments that are not operated by mechanical machinery and ordinarily employ fewer than five workers. Does not preclude agreement to subject the emCivil Matters — Volume 10 · Source page ١٨
  3. Principle 58Prohibition on employing foreign workers unless they hold a work card or are registered with the Ministry of Social Affairs and Labour. The reason for this.Civil Matters — Volume 10 · Source page ١٨
  4. Principle 59Lease contracts falling outside the jurisdictional scope of the Real Estate Leasing Law. Their nature. The effect of this. Jurisdiction to hear them belongs to the commercial circuit.Civil Matters — Volume 10 · Source page ١٨
  5. Principle 60Lease of a commercial establishment falls outside the scope of application of the Real Estate Lease Law. The basis thereof.Civil Matters — Volume 10 · Source page ١٨
  6. Principle 61A contract leasing a commercial establishment and its licence for its operation for the same licensed purpose, containing exceptional terms not customary in a lease contract. The dispute concerning it falls outside the sCivil Matters — Volume 10 · Source page ١٨
  7. Principle 62The existence of a special law. Its effect. No recourse to the general law except in respect of matters not regulated by the special law. An example concerning an action for compensation for the offence of public insult Civil Matters — Volume 10 · Source page ١٨
  8. Principle 63A lease aimed solely at speculation to achieve material profit. The provisions of Decree-Law 35 of 1978 do not apply to it except insofar as the parties agree. Condition thereof. No contravention of public policy.Civil Matters — Volume 10 · Source page ١٨
  9. Principle 64The pardon of penalties prescribed by Amiri Decree No. 39 of 1991. Extends to criminal penalties, not civil compensation. - 18 - LawCivil Matters — Volume 10 · Source page ١٨
  10. Principle 65A judgment ordering restitution. What is meant thereby. Civil compensation awarded to the victim without the need for him to bring a civil claim in the criminal proceedings. - The victim has an interest and standing in eCivil Matters — Volume 10 · Source page ١٩
  11. Principle 67An injured party may not combine two compensations for the same damage. Persons to whom the Law on Retirement Pensions and Gratuities for Military Personnel applies may not claim compensation under the rules contained thCivil Matters — Volume 10 · Source page ١٩

  12. سريانه من حيث الزمان

    Principle 68The barring of an action for liability for an unlawful act. Its period is 3 years from the day the injured party learns of the damage and the person responsible for it, or 15 years from the occurrence of the unlawful actCivil Matters — Volume 10 · Source page ١٩
  13. Principle 69Whether or not a judgment may be challenged. The general rule is its subjection to the legislation in force. Transition from the authority of the old law to the authority of a new law. New provisions regulating methods oCivil Matters — Volume 10 · Source page ١٩
  14. Principle 70Provisions concerning methods of challenge. Their temporal scope. Article 2 of the promulgating articles of the Code of Procedure. The judgment’s subjection to provisions establishing new methods of challenge. The criterCivil Matters — Volume 10 · Source page ٢٠
  15. Principle 71A time limit prescribed by law in months. It must be calculated month by month without regard to the number of days in each of the months falling within the time limit. An example concerning the effective date of Law 40 Civil Matters — Volume 10 · Source page ٢٠
  16. Principle 72Cassation applications filed before Law 40 of 1972 took effect and not yet adjudicated. They must be referred to the Cassation Circuit. Article 19 of the aforementioned Law. These appeals are subject to the provisions ofCivil Matters — Volume 10 · Source page ٢٠
  17. Principle 73Judgments of the High Court of Appeal issued in commercial and criminal matters before Law No. 40 of 1972 entered into force on 17/10/1972. They may not be challenged by way of cassation. The reason for this.Civil Matters — Volume 10 · Source page ٢٠
  18. Principle 74Rules in force before the Constitution. Remain in force unless repealed or amended by a provision. The jurisprudence of Imam Malik is the school of law applicable to civil transactions.Civil Matters — Volume 10 · Source page ٢٠
  19. Principle 75The immediate, direct effect of the law. Contractual legal positions are subject to the law under which the contract was concluded, unless the new law subjects them to mandatory rules or concerns procedural rules. An exaCivil Matters — Volume 10 · Source page ٢٠
  20. Principle 76Transactions relating to shares effected on a deferred basis are not subject to Decree-Law 57 of 1982 where they were effected before it came into force.Civil Matters — Volume 10 · Source page ٢١
  21. Principle 77The Administrative Circuit has jurisdiction over actions for compensation for defective administrative decisions, even if brought as principal actions rather than ancillary to an annulment action. - Law No. 61 of 1982 amCivil Matters — Volume 10 · Source page ٢١
  22. Principle 79Gifts before the entry into force of the Civil Code. Among matters of personal status. The Maliki school is the applicable law for Kuwaitis, Muslims and others whose religious law does not contain special provisions. GifCivil Matters — Volume 10 · Source page ٢١
  23. Principle 80Final administrative decisions. Opening them to challenge by annulment. Law 61/82. Limited to those issued after this law. Decisions issued before it are immune from challenge.Civil Matters — Volume 10 · Source page ٢١
  24. Principle 81The occurrence of the accident giving rise to the injured person’s injuries and the stabilisation of the condition of those injuries before the new Civil Code entered into force. The law governing the dispute concerning Civil Matters — Volume 10 · Source page ٢١
  25. Principle 82A law establishing or abolishing a method of appeal. It applies only to judgments issued after it comes into force. Procedural laws do not apply to procedures completed before the date it comes into force. The new law doCivil Matters — Volume 10 · Source page ٢١
  26. Principle 83Procedural laws do not apply to procedures completed before their effective date. - The issuance of a new law does not validate a procedure that was void so long as the time limit prescribed by law for taking the proceduCivil Matters — Volume 10 · Source page ٢٢
  27. Principle 84Proof of civil legal transactions. As a general rule, it is subject to the rules of evidence under the law in force at the time the fact arose. The subject of proof or the conclusion of the transaction sought to be proveCivil Matters — Volume 10 · Source page ٢٢
  28. Principle 85The provisions of the Law of Procedure apply to actions not yet adjudicated and procedures not yet completed before its effective date, save as excepted by a special provision. Rules regulating evidentiary procedures falCivil Matters — Volume 10 · Source page ٢٢
  29. Principle 86The former Civil Procedure Law. Its entry into force from 1 November 1960. Its effect. Application of its provisions and repeal of everything conflicting with them.Civil Matters — Volume 10 · Source page ٢٢
  30. Principle 87The provisions of the new law relating to public order. Their application to the effects arising under the old law. An example concerning an increase in the statutory interest rate and its lack of relation to public ordeCivil Matters — Volume 10 · Source page ٢٢
  31. Principle 88Appointing two arbitrators to reconcile or separate the spouses. It is at the core of the Sharia rules on personal status and relates to substantive rules of evidence, and is not a procedural rule. Its implication. ArticCivil Matters — Volume 10 · Source page ٢٢
  32. Principle 89Prohibition on selling undivided shares in land for which no subdivision decision has been issued, except after obtaining municipal permission. The sanction for its violation. Nullity. Law 92/1976. The sanction takes effCivil Matters — Volume 10 · Source page ٢٢
  33. Principle 90Decision of the Minister of Affairs and Labour No. 66/1983 concerning the Schedule Determining Disability Percentages applies to accidents occurring from the date it takes effect. Earlier accidents are governed by DecisiCivil Matters — Volume 10 · Source page ٢٣
  34. Principle 91The new law applies to everything occurring from its effective date unless otherwise stipulated. The effects of legal transactions remain subject to the law under which they were concluded, unless the provisions of the nCivil Matters — Volume 10 · Source page ٢٣
  35. Principle 92The principle is that the new law does not apply to the past. It applies to legal positions formed after its entry into force, whether in their creation, production of effects or extinction, and to the future effects of Civil Matters — Volume 10 · Source page ٢٣
  36. Principle 93Legal positions derived from laws and regulations. May be amended by a law or regulation. The effect thereof. The provisions of the new law apply to positions existing on the date it enters into force.Civil Matters — Volume 10 · Source page ٢٣
  37. Principle 94Rules concerning whether a judgment is or is not open to challenge are governed by the law in force at the time the judgment is rendered and apply with immediate effect because they concern public order. - Rules concerniCivil Matters — Volume 10 · Source page ٢٣
  38. Principle 95Applications concerning affiliation and correction of names. They must be submitted to the committee formed to investigate these applications before being submitted to the judiciary, from the effective date of Law 1/1988Civil Matters — Volume 10 · Source page ٢٤
  39. Principle 96Applications concerning lineage and correction of names. They must be submitted to the competent committee for investigation before being submitted to the courts, from the date Decree-Law 1/1988 takes effect. ContraventiCivil Matters — Volume 10 · Source page ٢٤
  40. Principle 97Application of the provisions of the Commercial Law or other legal provisions, rather than the provisions of Real Estate Rental Law 35/1978, if the purpose of the contract is merely speculation to achieve financial profiCivil Matters — Volume 10 · Source page ٢٤
  41. Principle 98Amendment of the Court of First Instance’s final-instance monetary threshold by making it five thousand dinars instead of one thousand. Its inclusion of all disputes, including labour disputes. This amendment applies witCivil Matters — Volume 10 · Source page ٢٤
  42. Principle 99Following the procedure for obtaining payment orders. It became mandatory under Decree-Law 44 of 1989, effective on the day following its publication on 23/7/1989, after having been optional. This concerns litigation proCivil Matters — Volume 10 · Source page ٢٥
  43. Principle 101Retroactivity may be established only by a law in non-criminal matters. Its implication. Administrative decisions apply only to events occurring from the date of their issuance by the competent authority. A provision in Civil Matters — Volume 10 · Source page ٢٥
  44. Principle 102Acquired rights. Whether their source is the law or a regulatory or individual administrative decision. They may not be prejudiced except by a law providing for retroactive effect. - Administrative decisions. Regulatory Civil Matters — Volume 10 · Source page ٢٥
  45. Principle 103External telephone communications provided by the State as a public utility. The consideration collected by the State for them. A fee. - An action claiming taxes and fees due to the State. Its prescription after three yeCivil Matters — Volume 10 · Source page ٢٥
  46. Principle 104The provisions on warranty against eviction contained in the Civil Code. Their application to facts preceding the entry into force of its provisions is precluded. The reason for that. They do not relate to public policy.Civil Matters — Volume 10 · Source page ٢٥
  47. Principle 105The new law applies to everything occurring from the date it enters into force. The effects of legal acts are subject to the law under which they were performed, unless the provisions of the new law relate to public poliCivil Matters — Volume 10 · Source page ٢٦
  48. Principle 106A gift made before the entry into force of Law 19 of 1959, which classified it as a matter of personal status, is governed by the rules prescribed in the Majalla of Judicial Provisions, including the substantive rules ofCivil Matters — Volume 10 · Source page ٢٦
  49. Principle 107The determination of the criteria and conditions on the basis of which the social allowance is granted to military personnel is governed by Minister of Defence Decision No. 13 of 1964. Subsequent laws and decisions are cCivil Matters — Volume 10 · Source page ٢٦
  50. Principle 108Crimes of embezzlement of public funds and unlawful exaction committed before Law 1 of 1993 came into force. They remain subject to the provisions concerning them in Articles 44, 45, 47 and 84 of Law 31 of 1970 amending Civil Matters — Volume 10 · Source page ٢٦
PreviousPage 2 of 73Next