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. التعسف في استعمال الحق

    Principle 1089Abuse of a right. Its definition. Article 30 of the Civil Code. Example. - The employer's establishment of regulations containing a promotion system based on equal opportunity and fairness in employment. Its not being obCivil Matters — Volume 10 · Source page ٢٣٣
  2. Principle 1090Choosing the type of education for the child in custody. A right of the guardian over the person. The condition thereof. That he not abuse the exercise of this right.Civil Matters — Volume 10 · Source page ٢٣٣
  3. Principle 1091An insurance contract containing unfair terms inconsistent with the essence of the contract. They may be invalidated. The trial court may assess whether or not breach of the condition had an effect on the occurrence of tCivil Matters — Volume 10 · Source page ٢٣٣
  4. Principle 1093Promotion is not an acquired right of the worker, even if he possesses all the qualifications for occupying the higher position. It is a right for the company to exercise in accordance with work requirements, so long as Civil Matters — Volume 10 · Source page ٢٣٣
  5. Principle 1094Requiring the consent of a minor's legal representative to obtain a passport for him. Like other rights, it is subject to the general rule in Article 30 of the Civil Code. Its implication. It may not be diverted from itsCivil Matters — Volume 10 · Source page ٢٣٤
  6. Principle 1096Unlawful exercise of a right. Its meaning. - Unlawful exercise of a right. Its criteria. Lack of proportionality between the right-holder’s interest and the harm suffered by others. A presumption of the existence of an iCivil Matters — Volume 10 · Source page ٢٣٤
  7. Principle 1097Fault as an element of liability. It is not confined merely to exceeding the limits of a liberty, but extends to abuse of a right. Its import. An accused person’s implicating another, innocent person in the accusation. ACivil Matters — Volume 10 · Source page ٢٣٤
  8. Principle 1099The criterion for liability to compensate damage is the occurrence of fault. A right-holder exercising his right to obtain the lawful benefit it permits him. No fault. Such exercise falling outside the bounds of lawfulneCivil Matters — Volume 10 · Source page ٢٣٤

  9. تقادم الحق

    Principle 1101The decisive oath. It belongs to the litigant, not the judge. The implication: the judge must tender it whenever its conditions are met. He may refuse to tender it if he considers that the applicant has abused this requeCivil Matters — Volume 10 · Source page ٢٣٥
  10. Principle 1102Merchants' rights becoming time-barred after one year. Its condition. That they concern things supplied to persons who do not trade in them but use them for their own consumption. The reason therefor.Civil Matters — Volume 10 · Source page ٢٣٥
  11. Principle 1103The bar to hearing an action provided for in the Majalla of Judicial Provisions. Its nature.Civil Matters — Volume 10 · Source page ٢٣٥
  12. Principle 1104Prescription of the Government's right to recover amounts paid to an employee without entitlement. Its period. Five years from the date of disbursement. This prescription is limited to amounts paid without legal entitlemCivil Matters — Volume 10 · Source page ٢٣٥
  13. Principle 1105Statutory provisions prescribing special limitation periods for certain rights. They must be interpreted narrowly so that they apply only to the specific cases included therein. - 235 - Right - The 5-year limitation periCivil Matters — Volume 10 · Source page ٢٣٥
  14. Principle 1108A judicial claim for part of a right interrupts the limitation period in respect of the remainder. The condition for this.Civil Matters — Volume 10 · Source page ٢٣٦
  15. Principle 1109Abandonment warranting non-hearing of the action. Its definition in Islamic Sharia. Non-hearing of the action. Its basis. Preventing the judge from hearing it while the right remains with its holder, such that if it is aCivil Matters — Volume 10 · Source page ٢٣٦
  16. Principle 1110Limitation of the rights of members of the liberal professions, including brokers. Its period. Five years. The basis of this limitation. A presumption of payment. - A broker obtaining from the contracting party, after coCivil Matters — Volume 10 · Source page ٢٣٦
  17. Principle 1111The insured's right to compensation for liability for an accident, arising by operation of law from the harmful act, is what passes to the insurer that paid the insurance amount to the insured or the injured party. - 236Civil Matters — Volume 10 · Source page ٢٣٦
  18. Principle 1112The impediment suspending the running of prescription of the right claimed. Its meaning. Inferring this impediment. Within the authority of the court of the merits. Its condition. That the inference be reasonable. ExamplCivil Matters — Volume 10 · Source page ٢٣٧
  19. Principle 1114Periodically recurring rights. Their prescription upon the expiry of five years. An example concerning rent for the use of a warehouse.Civil Matters — Volume 10 · Source page ٢٣٧
  20. Principle 1115Laws relating to limitation. Their application from their effective date. The implication. The old law governs the portion of the limitation period that ran under it, and the new law governs the portion running under it.Civil Matters — Volume 10 · Source page ٢٣٧
  21. Principle 1116Sums paid by the Government to the employee without entitlement. The right to recover them becomes time-barred upon the expiry of five years from the date of disbursement. Payment of those sums with entitlement. Its effeCivil Matters — Volume 10 · Source page ٢٣٧
  22. Principle 1117The right to bring an action concerning liability arising from a contract of carriage by air. Its extinguishment upon the lapse of two years from the day the aircraft reaches its destination, from the day on which it shoCivil Matters — Volume 10 · Source page ٢٣٨
  23. Principle 1118Issuance of a final judgment establishing a right. Its limitation upon the lapse of fifteen years from issuance of that judgment. Article 450 Civil Code. Example.Civil Matters — Volume 10 · Source page ٢٣٨
  24. Principle 1119Issuance of a final judgment establishing the right and its acquisition of res judicata force. Its effect. Prescription of that right after fifteen years, whatever the period of prescription of that right. - A judgment aCivil Matters — Volume 10 · Source page ٢٣٨
  25. Principle 1120Actions arising from a loading and unloading contract are time-barred after one year. The reason. Article 201/1 of the Maritime Commercial Law. - Grounds for interrupting the limitation period in actions arising from loaCivil Matters — Volume 10 · Source page ٢٣٨
  26. Principle 1121Actions specified in Article 201 of the Maritime Trade Law. Grounds for interruption of prescription therein. The legislature added special grounds, including the creditor's demand against the debtor for the right by regCivil Matters — Volume 10 · Source page ٢٣٨
  27. Principle 1122Abandonment entailing the barring of an action under Islamic Sharia is leaving the property while grounds for an action exist because another has usurped it, encroached upon it, and denied its owner's right. The barring Civil Matters — Volume 10 · Source page ٢٣٨
  28. Principle 1123An action arising from management of another's affairs without mandate. Is time-barred upon the lapse of three years from the day of knowledge of the arising of the right, or fifteen years from the day on which it arisesCivil Matters — Volume 10 · Source page ٢٣٩
  29. Principle 1124Extinction of a right by prescription. Unknown in Islamic jurisprudence. Its making the passage of time a bar to hearing an action claiming the right.Civil Matters — Volume 10 · Source page ٢٣٩
  30. Principle 1125The interested party must demand in writing from the Public Institution for Social Security any of the entitlements prescribed in the Social Security Law within five years from the date on which those entitlements are deCivil Matters — Volume 10 · Source page ٢٣٩
  31. Principle 1126The general rule is that the agent acts in the principal's name. The exception: the agent acts in his own name. The reason: concealing the principal's name in the disposition if the principal so wishes. Its effect. TheirCivil Matters — Volume 10 · Source page ٢٤٠
  32. Principle 1127The employee’s right to claim the financial entitlements established for him against the Government becomes time-barred upon the expiry of one year from the date of his knowledge of those entitlements or five years from Civil Matters — Volume 10 · Source page ٢٤٠
  33. Principle 1128The one-year limitation period for an employee's rights. The condition for its application. The employee's certain knowledge of the right claimed in terms of its basis, amount, number, and all its elements. The absence oCivil Matters — Volume 10 · Source page ٢٤٠
  34. Principle 1130Bringing an action claiming any of the rights prescribed under the provisions of Law 61 of 1976 concerning Social Insurance. Its condition. Claiming them from the Institution in writing within 5 years from the date on whCivil Matters — Volume 10 · Source page ٢٤١

  35. سبب الالتزام

    Principle 1131An action for unjust enrichment. It does not lie if the relationship between the appellant and the respondent Ministry is a contractual relationship governed by the terms of the contracts and the Law Regulating the PolicCivil Matters — Volume 10 · Source page ٢٤١
  36. Principle 1133The cause of gratuitous dispositions is donative intent. Such intent cannot be conceived of on the part of an injured person towards the insurance company. Accordingly, the injured person’s release of the insurance compaCivil Matters — Volume 10 · Source page ٢٤٥
  37. Principle 1134Cause in a contract. Its nature. It suffices that the cause exists when the contract is concluded.Civil Matters — Volume 10 · Source page ٢٤٥
  38. Principle 1135The cause of a contract is one of its essential elements. An obligation under a contract without cause or with an unlawful cause. Its effect. Nullity of the contract. An example concerning the nullity of a contract to opCivil Matters — Volume 10 · Source page ٢٤٥
  39. Principle 1136Lawful cause. Its existence is presumed in every obligation. Upon whoever alleges the contrary. The burden of proving it.Civil Matters — Volume 10 · Source page ٢٤٥
  40. Principle 1137Release is a purely gratuitous act by the creditor. - The cause of a gratuitous act is donative intent motivated by affection, compassion or benevolence. Absence of this intent on the part of an injured person towards thCivil Matters — Volume 10 · Source page ٢٤٥
  41. Principle 1139Simulation of the cause does not entail simulation of the obligation; the matter depends on the concealed cause. Absence or unlawfulness of the concealed cause. Its consequence. Nullity of the obligation. - 245 - ObligatCivil Matters — Volume 10 · Source page ٢٤٥
  42. Principle 1140Absence or unlawfulness of the cause of an obligation. The burden of proving it rests upon the person alleging it.Civil Matters — Volume 10 · Source page ٢٤٦
  43. Principle 1141Presumption of a lawful cause for an obligation even if not stated in the contract. When evidence to the contrary is established. Whoever alleges absence or unlawfulness of the cause bears the burden of proving it.Civil Matters — Volume 10 · Source page ٢٤٦
  44. Principle 1143The presumption is that the cause of the obligation is lawful, even if not mentioned in the contract. Article 177 of the Civil Code. Its implication. Absence or unlawfulness of the cause. Evidence thereof must be establiCivil Matters — Volume 10 · Source page
  45. Principle 1144The cause of a contract is one of its essential elements. An obligation under a contract without cause or for an unlawful cause. Its effect. Nullity of the contract. An example concerning the nullity of a contract for opCivil Matters — Volume 10 · Source page
  46. Principle 1146The lawful cause of an obligation. Presumed even if not stated in the debt instrument, until evidence to the contrary is produced. - The cause of indebtedness stated in the instrument is the true cause so long as its simCivil Matters — Volume 10 · Source page
  47. Principle 1147The direct cause of the insurer's obligation is the insurance contract itself, not the rules of Sharia blood money. Example.Civil Matters — Volume 10 · Source page
  48. Principle 1148A claim for a judgment declaring a sale contract valid and enforceable. Its difference from a claim for a judgment confirming ownership through acquisitive possession - 246 - Obligation in subject matter and cause. The fCivil Matters — Volume 10 · Source page
  49. Principle 1149The cause of action. Its nature. It is the basis upon which it is founded, that is, the source of the obligation.Civil Matters — Volume 10 · Source page
  50. Principle 1150The contracting party's obligation. It must rest on a cause, and that cause must be lawful. Failure thereof. Its implication. The contract lacks one of its essential elements. Its effect. Its nullity. - The cause of an oCivil Matters — Volume 10 · Source page
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