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. انتقال الحق وحوالة الحق

    Principle 1034Assignment of a right. Its formation. The consent of the assigned debtor is not required. The reason: assignment does not create a new obligation for him but transfers the obligation already incumbent upon him from one cCivil Matters — Volume 10 · Source page ٢٢٤
  2. Principle 1035A creditor may assign to another his right against his debtor. The condition for this: it must not be prohibited by a provision of law, the contracting parties’ agreement, or the nature of the obligation. Article 364 of Civil Matters — Volume 10 · Source page ٢٢٤

  3. التنازل عن الحق

    Principle 1036Assignment of a right. Its effectiveness against the debtor if he is notified thereof or accepts it. Acceptance of the assignment signifies no more than the debtor's acknowledgment of his knowledge that it has occurred. Civil Matters — Volume 10 · Source page ٢٢٤
  4. Principle 1037A guardian’s representation of a minor. Statutory representation. Its purpose is to preserve the minor’s assets and not harm them. A guardian’s waiver of a right belonging to the minor. It harms the minor’s assets and exCivil Matters — Volume 10 · Source page ٢٢٤
  5. Principle 1038Waiver of a right without consideration. Release from a debt. Subject to the substantive rules governing gratuitous dispositions. Disposition of another's property. Impermissible except with his permission; if made withoCivil Matters — Volume 10 · Source page ٢٢٤
  6. Principle 1039An agreement for settlement or waiver between employer and worker. When it is void. If it affects a labour right. The absence from the Labour Law of mandatory provisions specifically concerning benefits in kind provided Civil Matters — Volume 10 · Source page ٢٢٤
  7. Principle 1040The rights established by the provisions of the Labour Law are matters of public policy. No agreement may contravene them unless it results in a greater benefit to the worker. - A condition contrary to public policy. VoiCivil Matters — Volume 10 · Source page ٢٢٥
  8. Principle 1041Release in law. A voluntary relinquishment by the creditor of his right or part thereof without consideration, by express or implied intent, with evidence establishing that intent. What does not constitute such a releaseCivil Matters — Volume 10 · Source page ٢٢٥
  9. Principle 1042A minor's maintenance. A right prescribed for him under Sharia and law; the female custodian has no power to waive it for an indefinite period. Her issuance of this waiver to his father. Exceeds the limits of her authoriCivil Matters — Volume 10 · Source page ٢٢٥
  10. Principle 1043Khulʿ divorce in consideration of the minor's maintenance is not valid and is not binding upon him unless it is temporary for a known period. The reason for this. A prior judgment dismissing a maintenance action on the bCivil Matters — Volume 10 · Source page ٢٢٥
  11. Principle 1044The express wording of the discharge issued by the worker and its conclusiveness as to the settlement of his rights. Its becoming evidence against him. Import thereof. He may not thereafter challenge its evidentiary forcCivil Matters — Volume 10 · Source page ٢٢٥
  12. Principle 1045The beneficiary may assign the letter of guarantee to a third party when the bank agrees thereto. This is subject exclusively to the rules of commercial law.Civil Matters — Volume 10 · Source page ٢٢٥
  13. Principle 1046A litigant's attendance at the hearing specified in the invalid notice of service. Constitutes a waiver by him of invoking its nullity. The nullity of summonses owing to a defect in service, in the identification of the Civil Matters — Volume 10 · Source page ٢٢٥
  14. Principle 1048Release is a voluntary relinquishment by the creditor of his right or part of his right without consideration. It arises from the creditor's will, expressly or implicitly.Civil Matters — Volume 10 · Source page ٢٢٦
  15. Principle 1049The claimant's right to abandon his action. Its condition. Article 99/1, Code of Procedure. Abandonment of the action after judgment has been rendered therein. It has no effect.Civil Matters — Volume 10 · Source page ٢٢٦
  16. Principle 1050The objection that proof by testimony is inadmissible in cases requiring proof in writing. Is not a matter of public policy. Its meaning. It must be raised before witness testimony begins to be heard; otherwise, this is Civil Matters — Volume 10 · Source page ٢٢٦
  17. Principle 1051The worker’s right. Its relation to public policy. Termination of the employment relationship and actual establishment of his right. Its effect. He may waive it and settle it. The condition thereof. His will must be freeCivil Matters — Volume 10 · Source page ٢٢٦
  18. Principle 1052Waiver of limitation after the right thereto has been established. Its condition. It must be clear and unambiguous, and may be express, through any expression, or implied, inferred from a factual indication of the will oCivil Matters — Volume 10 · Source page ٢٢٦
  19. Principle 1053The provisions concerning the contractor’s and engineer’s warranty for what they erect that it is of buildings. Their relation to public policy. The effect thereof. No agreement may be made in advance to waive them beforCivil Matters — Volume 10 · Source page ٢٢٦
  20. Principle 1054The worker's right. Its arising pursuant to mandatory rules. Does not preclude his waiving it and settling it after the employment relationship ends, as a financial right belonging to him personally.Civil Matters — Volume 10 · Source page ٢٢٧
  21. Principle 1055The rule prohibiting proof by witness testimony in cases requiring written proof. It is not a matter of public order. It must be invoked before the hearing of witnesses begins. Silence in this regard. A waiver of the rigCivil Matters — Volume 10 · Source page ٢٢٧
  22. Principle 1056Industrial plots owned by the State. They are not considered public property but are part of the State's private property and are subject to private law. Its implication. Exploitation of these plots under a lease or a teCivil Matters — Volume 10 · Source page ٢٢٧
  23. Principle 1057Ascertaining and understanding the facts and assessing whether the litigants' waiver of the right occurred before or after its legal establishment. Within the authority of the court of merits. - The challenged judgment'sCivil Matters — Volume 10 · Source page ٢٢٧
  24. Principle 1058The judgment creditor's relinquishment of the judgment rendered in his favour. Its effect. Relinquishment of the right established thereby. The claim to this right may not be renewed, and the relinquished judgment has noCivil Matters — Volume 10 · Source page ٢٢٧

  25. انقضاء الحق

    Principle 1059A waiver extinguishing a right is effected by words or by any act or procedure which in itself indicates abandonment of the right in a manner admitting of no doubt. Extinction of the right:Civil Matters — Volume 10 · Source page ٢٢٨

  26. التعسف في استعمال الحق

    Principle 1060The debtor's obligation. Its extinction if, after it arises, something occurs that makes its performance impossible due to a cause external to him, such as force majeure. It is immaterial whether the impossibility is legCivil Matters — Volume 10 · Source page ٢٢٨
  27. Principle 1061An insurance contract may include a clause forfeiting the insured’s right of recourse against the insurer as a penalty for his breach of the contract. Its condition. The insurer’s compliance with the formal and substantiCivil Matters — Volume 10 · Source page ٢٢٨
  28. Principle 1062The right to litigate and defend is among the permissible public rights vested in everyone. Abuse of its exercise entails the holder's liability to compensate for the damage thereby caused to his opponent. - Assessment oCivil Matters — Volume 10 · Source page ٢٢٨
  29. Principle 1063Assessment of the penalty for an administrative offence. Within the authority of the administration, without judicial review unless it is characterized by manifest inappropriateness or abuse of right.Civil Matters — Volume 10 · Source page ٢٢٩
  30. Principle 1064The right to resort to the courts, complain, or report crimes. Among public rights. It may not be diverted from its purpose and used maliciously.Civil Matters — Volume 10 · Source page ٢٢٩
  31. Principle 1065The right to complain and to seek adjudication by the courts. Its limits. - Fault giving rise to liability and the existence of damage. Inferring their existence. A matter independently determined by the judge of merits.Civil Matters — Volume 10 · Source page ٢٢٩
  32. Principle 1066The right to litigate or defend. Guaranteed to all. Its limitation. It is impermissible to deviate from its purpose obstinately and maliciously to harm the adversary; otherwise, the adversary is entitled to compensation Civil Matters — Volume 10 · Source page ٢٢٩
  33. Principle 1067The right to complain, resort to the courts, and take conservatory and enforcement measures. Among the general rights, unless their exercise is accompanied by an intention to act vexatiously and harm others.Civil Matters — Volume 10 · Source page ٢٢٩
  34. Principle 1071A ground based on facts not previously presented to the court of fact. It may not be invoked for the first time before the Court of Cassation. An example concerning reliance on the existence of a custom or on abuse of riCivil Matters — Volume 10 · Source page ٢٣٠
  35. Principle 1072Absence of liability of the holder of a right if its exercise causes harm to others. The condition for this. It must not be intended maliciously. - Inferring fault giving rise to liability, establishing the existence of Civil Matters — Volume 10 · Source page ٢٣٠
  36. Principle 1073Unlawful exercise of a right. Its forms and their common criterion, positively or negatively. - Liability to compensate for harm. Its prerequisite is the occurrence of fault. Unlawful exercise of a right falling outside Civil Matters — Volume 10 · Source page ٢٣٠
  37. Principle 1074Termination of the lease upon notice being given where this is stipulated therein. Exercise of this right does not constitute abuse. Example.Civil Matters — Volume 10 · Source page ٢٣٠
  38. Principle 1075Inferring abuse of a right. A factual matter within the independent province of the trial court. The condition for this.Civil Matters — Volume 10 · Source page ٢٣٠
  39. Principle 1076An employer may dismiss a worker without notice and without gratuity. The specified cases in which this is permissible. Among them, the worker's absence without legitimate reason for more than 7 consecutive days. - The cCivil Matters — Volume 10 · Source page ٢٣٠
  40. Principle 1077The criterion for abuse of a right is the right-holder's deviation from the customary conduct of an ordinary person. When this deviation is taken into account. Determining such abuse. A matter of fact. An example of a reCivil Matters — Volume 10 · Source page ٢٣٠
  41. Principle 1078Promotion is not an acquired right of the worker, even if he satisfies all nomination requirements, where the company's internal regulations and its applicable promotion system do not oblige it to grant promotion, and prCivil Matters — Volume 10 · Source page ٢٣١
  42. Principle 1079Abuse of a right. Its criterion. - Assessment of abuse and excess in the exercise of a right. Within the unfettered discretion of the trial judge. The condition thereof.Civil Matters — Volume 10 · Source page ٢٣١
  43. Principle 1081Reporting crimes that occur to the Public Prosecution or the police is a right established for every person, indeed a duty upon him and upon every public official who learns of them. The reason therefor. No liability ariCivil Matters — Volume 10 · Source page ٢٣١
  44. Principle 1082Recourse to the courts is a public right available to all. Diverting it from its prescribed purpose and using it maliciously to harm others. Its import. Liability for compensation. Determining whether this exists or not Civil Matters — Volume 10 · Source page
  45. Principle 1083The provisions contained in Law 41 of 1993 concerning the preservation of public funds, securing the State’s collection of purchased debts, and granting facilities to debtors. The nature of those provisions. - The debtorCivil Matters — Volume 10 · Source page
  46. Principle 1084The rule of specificity of purposes, which restricts an administrative decision to the purpose prescribed for it. Departing therefrom to harm individuals. Abuse of power. - Prohibiting the connection of electricity to a Civil Matters — Volume 10 · Source page
  47. Principle 1085The employer has authority to organize his establishment and determine the retirement age for his employees. Termination of an employment contract because the employee has reached that age. It is not characterized as abuCivil Matters — Volume 10 · Source page
  48. Principle 1086The employer’s power to organise his establishment and adopt such means as he considers appropriate to reorganise it. The condition for this. The measures he takes must not be tainted by abuse or bad faith. - Assessing tCivil Matters — Volume 10 · Source page
  49. Principle 1087The decisive oath. It belongs to the litigant, not the judge. Its import: the judge must direct it whenever its conditions are met. He may refuse to direct it if he considers that the person requesting it has abused thisCivil Matters — Volume 10 · Source page
  50. Principle 1088The decisive oath. The judge may refuse to tender it if he considers that the litigant is abusing the right to tender it. - Inferring the malicious nature of the oath or abuse in requesting that it be tendered. A matter Civil Matters — Volume 10 · Source page
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