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. سبب الالتزام

    Principle 1151The cause of the obligation. The general rule is that it need not be stated, as its existence and lawfulness are presumed until evidence to the contrary is established. - In the Commercial Code, the legislature did not rCivil Matters — Volume 10 · Source page ٢٤٧
  2. Principle 1152Cause in contracting. It is the purpose sought by the contracting party in assuming his obligation. The purpose of contracting need not be stated in the debt instrument. The court may infer it from the facts of the actioCivil Matters — Volume 10 · Source page ٢٤٧
  3. Principle 1154Total destruction of the leased property during the lease term due to a cause attributable to neither contracting party. Its effect. Dissolution of the contract by operation of law. The reason therefor. Absence of the suCivil Matters — Volume 10 · Source page ٢٤٨
  4. Principle 1155The issuer's signature on the instrument. Its necessary consequence. His obligation to pay its value even if the cause of the indebtedness is not stated alongside it. The rationale therefor: the presumption that it has aCivil Matters — Volume 10 · Source page ٢٤٨
  5. Principle 1157The cause of the obligation is presumed lawful even if not mentioned in the contract, unless evidence to the contrary is adduced. Example.Civil Matters — Volume 10 · Source page ٢٤٨
  6. Principle 1158Cause is the legal source conferring the enrichment. The source of the cause may be a contract or the law. The effect of its existence: the enriched person has the right to retain that by which he was enriched, and it baCivil Matters — Volume 10 · Source page ٢٤٨
  7. Principle 1159The element of cause in gratuitous dispositions, whether contractual or by unilateral intent. Its nature. Donative intent on the part of the injured party toward the insurance company is inconceivable. Its absence renderCivil Matters — Volume 10 · Source page ٢٤٨
  8. Principle 1160A natural obligation. Its suitability as the cause of a civil obligation. What is meant thereby. The debtor's undertaking of a natural obligation that he knows he is not compelled to perform. The obligation is valid, andCivil Matters — Volume 10 · Source page ٢٤٨
  9. Principle 1161The cause of the obligation in bilateral contracts. The obligation of the other contracting party. Its implication. - A lease contract. It gives rise to the lessor's obligation to deliver the leased property and its appuCivil Matters — Volume 10 · Source page ٢٤٩
  10. Principle 1162The issuer’s signature on the instrument. His obligation to pay its value even if the cause of indebtedness is not stated therein. The reason therefor: the presumption that it has a lawful cause. The burden of proving abCivil Matters — Volume 10 · Source page ٢٤٩
  11. Principle 1163Mere disparity in exchange, without its resulting from a defect of consent. It has no effect on the contract unless evidence to the contrary is established. Its consequence. Whoever alleges absence or unlawfulness of cauCivil Matters — Volume 10 · Source page ٢٤٩
  12. Principle 1164Promise of a prize. The judge hearing the action may not compel the promisor to amend the conditions or designation of the prize, as this entails interference with his will, provided there is no unlawful cause for awardiCivil Matters — Volume 10 · Source page ٢٤٩
  13. Principle 1166The private instrument. Evidence of what is recorded therein against the person to whom its signature is attributed. His denial of the handwriting, signature, seal, or fingerprint affixed to it. Its condition. It must beCivil Matters — Volume 10 · Source page ٢٤٩
  14. Principle 1167Creation of a commercial instrument as a means of discharging a prior obligation. Its implication. The negotiable-instrument obligation exists alongside the ordinary obligation. The creditor has the option of proceeding Civil Matters — Volume 10 · Source page ٢٥٠
  15. Principle 1168The cause of an obligation is presumed lawful even if not stated in the contract, unless the contrary is established. Its implication. Whoever alleges the absence or unlawfulness of the cause must furnish evidence thereoCivil Matters — Volume 10 · Source page ٢٥٠

  16. محل الالتزام

    Principle 1169Stating the cause of the obligation in the contract. Does not prevent the debtor from proving that it is unreal or nonexistent. - Absence of cause. It may not be proved otherwise than in writing if the obligation is civiCivil Matters — Volume 10 · Source page ٢٥٠
  17. Principle 1170The meaning of the subject matter of an obligation being of a known amount when the obligation arises, within the meaning of Article (5) of the former Commercial Law.Civil Matters — Volume 10 · Source page ٢٥٠
  18. Principle 1171The subject matter of the obligation must be possible at the time the contract is concluded. Nullity of an obligation to do the impossible.Civil Matters — Volume 10 · Source page ٢٥٠
  19. Principle 1172The object or cause of the obligation contravening the law, public policy, or morals. Its effect. Nullity of the contract. An example.Civil Matters — Volume 10 · Source page ٢٥٠
  20. Principle 1173Assignment of personal rights. A principle that does not apply without qualification. Its impediments. What the law may prescribe regarding the impermissibility of assignment for certain considerations whereby the subjecCivil Matters — Volume 10 · Source page ٢٥٠
  21. Principle 1174Agreed compensation is a penalty clause where the subject matter of the obligation is not a sum of money.Civil Matters — Volume 10 · Source page ٢٥١
  22. Principle 1175The subject matter of an obligation. The manner of determining it varies according to its nature and the circumstances of contracting. Its determination by direct means. Not necessary. It suffices that the contract contaCivil Matters — Volume 10 · Source page ٢٥١
  23. Principle 1176A commercial obligation for a sum of money. When its subject matter is of a determined amount at the time it arises, even if the debtor disputes its amount.Civil Matters — Volume 10 · Source page ٢٥١
  24. Principle 1178What is meant by the object of the obligation being of a known amount when the obligation arises. That determination of its amount rests on fixed bases over which the judiciary has no discretion in assessment. The effectCivil Matters — Volume 10 · Source page ٢٥١
  25. Principle 1179Default interest. When it becomes due. - Commercial debt. Delay in payment on its due date. It entails damage merely upon its occurrence. - The meaning of the subject of the obligation being of a known amount when it ariCivil Matters — Volume 10 · Source page ٢٥١
  26. Principle 1180When the subject matter of an obligation is of a known amount at the time the obligation arises. Or its assessment is based on fixed bases agreed upon by the parties. The debtor's dispute over the amount of the obligatioCivil Matters — Volume 10 · Source page ٢٥١
  27. Principle 1181Statutory interest on a commercial debt is awarded from its due date if the subject matter of the monetary obligation - 251 - Obligation is of a known amount when it arises. Absence of this characteristic. Its effect. InCivil Matters — Volume 10 · Source page ٢٥١
  28. Principle 1182The subject matter of the obligation being of a known amount when the obligation arises. When this is satisfied: the judiciary must not have broad discretion in assessing it, even if the debtor disputes its amount. ExampCivil Matters — Volume 10 · Source page ٢٥٢
  29. Principle 1183Delay in paying a commercial debt beyond its due date causes damage merely upon its occurrence. - A debt that has fallen due. What is meant thereby. Its amount must be known when the obligation arises, its determination Civil Matters — Volume 10 · Source page ٢٥٢
  30. Principle 1184Default or statutory interest. Its condition. The subject matter of the obligation must be a sum of money of a known amount when the obligation arises, and the debtor must have delayed payment thereof. The meaning of theCivil Matters — Volume 10 · Source page ٢٥٢
  31. Principle 1185What is meant by the subject matter of the obligation being of a known amount when the obligation arises is that determination of the amount claimed rests on fixed, agreed foundations, such that the judiciary has no broaCivil Matters — Volume 10 · Source page ٢٥٢
  32. Principle 1186The municipality's obligation to pay expropriation compensation to those entitled thereto has as its subject the payment of a sum of money and as its source the law. The municipality's delay in fulfilling this obligationCivil Matters — Volume 10 · Source page ٢٥٢
  33. Principle 1187Awarding statutory interest from the date the commercial debt falls due. Restricted to cases where the amount of the monetary obligation is known when it arises. If it is not: interest runs from the date of the final judCivil Matters — Volume 10 · Source page ٢٥٢
  34. Principle 1188Statutory interest. Compensation imposed by the legislature upon a debtor who delays performing an obligation to pay a sum of money. It accrues without the need to prove that the creditor has suffered damage.Civil Matters — Volume 10 · Source page ٢٥٣
  35. Principle 1189Consensual contracts are completed and concluded merely by the concurrence of offer and acceptance. The subject matter of the obligation need not be determined. It suffices that it be determinable according to the natureCivil Matters — Volume 10 · Source page ٢٥٣
  36. Principle 1190An agreement on overt or concealed interest in the event of non-payment of a debt or delay in its payment. Void. Article 305, Civil Code.Civil Matters — Volume 10 · Source page ٢٥٣
  37. Principle 1191Formation of an obligation to give a sum as a gift whose payment date is fixed or which falls due at recurring periodic intervals. The permissibility of such a gift.Civil Matters — Volume 10 · Source page ٢٥٣
  38. Principle 1192Multiplicity of sources of an obligation while its subject matter remains one. Its effect. The creditor may claim the entire debt from all the debtors or any one of them, as they are liable for it in solidum, and none ofCivil Matters — Volume 10 · Source page ٢٥٣
  39. Principle 1193The subject matter of an obligation being of a known amount when it arises within the meaning of Article 110 of the Commercial Code. Its nature. Determination of its amount must rest on fixed bases, and the judiciary musCivil Matters — Volume 10 · Source page ٢٥٣
  40. Principle 1194Awarding statutory interest from the date a commercial debt falls due. Restricted to cases where the amount of the monetary obligation was ascertainable when it arose; otherwise, interest runs from the date of the final Civil Matters — Volume 10 · Source page ٢٥٣
  41. Principle 1195The subject matter of agency. Its nature. A legal act that may entail the performance of material acts considered ancillary thereto and not constituting an obligation for a sum of money. The consequence. No default interCivil Matters — Volume 10 · Source page ٢٥٤
  42. Principle 1196The subject matter of an obligation. Its performance must be possible. A debtor undertaking an impossibility. Its effect. Its nullity and the nullity of the contract intended to create it. - Objective impossibility resulCivil Matters — Volume 10 · Source page ٢٥٤
  43. Principle 1197Awarding statutory interest from the due date of the commercial debt. Its confinement to where the subject matter of the monetary obligation is of a known amount when it arises. Its not being so. Its effect. Interest runCivil Matters — Volume 10 · Source page ٢٥٤
  44. Principle 1198The possibility of performing an obligation is one of the conditions required in its subject matter. The reason for this. There is no obligation to do the impossible; otherwise, the contract is void.Civil Matters — Volume 10 · Source page
  45. Principle 1199Statutory interest. Its award from the date the commercial debt falls due. Restricted to cases where the amount of the monetary obligation is known at the time it arises. What is meant thereby. That determination of its Civil Matters — Volume 10 · Source page
  46. Principle 1200Awarding statutory interest from the date the commercial debt becomes due. Its restriction to cases where the subject matter of the monetary obligation is of a known amount when it arises. Its not being so. Its effect. ICivil Matters — Volume 10 · Source page
  47. Principle 1201A debtor under a commercial obligation delaying payment of a sum of money of a known amount when the obligation arose. Its effect. His obligation to pay the creditor statutory interest of 7% as compensation for delay. - Civil Matters — Volume 10 · Source page
  48. Principle 1202Consensual contracts are completed and concluded merely upon the concurrence of offer and acceptance. The subject matter of the obligation need not be specified therein. It is sufficient that it be ascertainable accordinCivil Matters — Volume 10 · Source page
  49. Principle 1203Commercial debts. The rule is that default interest accrues on them as soon as they fall due. Its condition. Their subject matter must be a sum of money of a known amount when it arises. Failure of that condition. Its efCivil Matters — Volume 10 · Source page
  50. Principle 1205The subject matter of an obligation whose amount is known at the time it arises. Its nature. An example concerning dues for performance of a contract for works.Civil Matters — Volume 10 · Source page
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