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. الإيجاب والقبول

    Principle 1259Consensual contracts. They are concluded merely upon the concurrence of offer and acceptance. The nature of that offer and acceptance. Example of a secretary drawing up a letter reappointing an association’s manager withCivil Matters — Volume 10 · Source page ٢٦٤
  2. Principle 1260Agreement to mutually cancel a contract. It may be effected by express or implied offer and acceptance. Inferring implied mutual cancellation. Within the authority of the trial court. Its condition. - Determining whetherCivil Matters — Volume 10 · Source page ٢٦٤
  3. Principle 1261Expression of intention. It may be express or implied. The implication. Silence constitutes acceptance if accompanied by special circumstances capable of supporting its indication thereof.Civil Matters — Volume 10 · Source page ٢٦٤
  4. Principle 1262An indivisible obligation. Its cases. Non-division of the obligation. It may be established by the parties' express or implied intention. - Implied intention. It is inferred from the circumstances of contracting, particuCivil Matters — Volume 10 · Source page ٢٦٤
  5. Principle 1263The term contract applies to every agreement intended to produce a legal effect. - Consensual contracts are completed and concluded merely by the concurrence of offer and acceptance. The subject matter of the obligation Civil Matters — Volume 10 · Source page ٢٦٤
  6. Principle 1264Contracts binding on both parties. Failure by one contracting party to fulfil his obligation. Import thereof. The other contracting party may, after serving him with formal notice, ask the judge to rescind the contract. Civil Matters — Volume 10 · Source page ٢٦٤
  7. Principle 1265A sale contract. A consensual contract requiring no special form. It is completed merely by the exchange of two matching expressions of intention. - Contracts binding on both parties. One contracting party’s failure to fCivil Matters — Volume 10 · Source page ٢٦٥
  8. Principle 1266An offer is the proposal by which the person making it expresses unequivocally his intention to conclude a particular contract. Its concurrence with a matching acceptance. Its effect. The contract is concluded, and neithCivil Matters — Volume 10 · Source page ٢٦٥
  9. Principle 1267The general rule is that contracts are consensual. The mere mutual consent of the contracting parties suffices for their formation. The form of the contract prescribed by law constitutes an essential element of the contrCivil Matters — Volume 10 · Source page ٢٦٥
  10. Principle 1268A contract is the conjunction of offer and acceptance to produce an effect prescribed by law. The necessary consequence. Consent to the contract must involve the conjunction of offer and acceptance and the common intentiCivil Matters — Volume 10 · Source page ٢٦٥
  11. Principle 1269Expression of intention. It exists upon its issuance by its author. When it takes effect: when it comes to the knowledge of the person to whom it is addressed. - The principal's exemption of the agent from performing hisCivil Matters — Volume 10 · Source page ٢٦٥
  12. Principle 1270Consensual contracts. They are concluded merely by the contracting parties’ mutual consent, unless the law requires a particular form for their formation, in which case it - 265 - Obligation constitutes an essential elemCivil Matters — Volume 10 · Source page ٢٦٥
  13. Principle 1271Official form is an essential element of a contract assigning any share in limited liability companies or any amendment thereto. Noncompliance results in nullity.Civil Matters — Volume 10 · Source page ٢٦٦
  14. Principle 1272The two parties to the contract reaching agreement on all its essential matters and the concurrence of offer and acceptance. A condition for its formation. - Stages preceding contracting. They produce no legal effect. - Civil Matters — Volume 10 · Source page ٢٦٦
  15. Principle 1273Consensual contracts are completed and concluded merely upon the concurrence of offer and acceptance. The offer recognized in this context. Its nature. This offer must contain at least the formulation of the contract intCivil Matters — Volume 10 · Source page ٢٦٦
  16. Principle 1274Consensual contracts. Are concluded merely by the concurrence of offer and acceptance. Expression of intent may be implied as well as express. Ascertaining the parties' implied intent in this regard. A matter independentCivil Matters — Volume 10 · Source page ٢٦٦
  17. Principle 1275Offer. Its nature. Its conjunction with a corresponding acceptance. Its effect. The contract is concluded, and neither party may, without the other's will, release himself from or resile from its effect. Article 47, CiviCivil Matters — Volume 10 · Source page ٢٦٦
  18. Principle 1276The contract is the law of the contracting parties. It is regarded as law in relation to its parties. It is a law particular to them, even though its origin is agreement, and its provisions constitute the reference for dCivil Matters — Volume 10 · Source page ٢٦٧
  19. Principle 1277Consensual contracts. Their conclusion merely upon the concurrence of offer and acceptance. The nature of offer and acceptance and the conditions of each.Civil Matters — Volume 10 · Source page ٢٦٧

  20. النيابة في التعاقد

    Principle 1278The relationship between banks and their customers. Its subjection to the principle of autonomy of the will. Its import. The permissibility of agreeing in those contracts on the interest rate applicable to loans granted Civil Matters — Volume 10 · Source page ٢٦٧
  21. Principle 1279Inferring the existence or absence of representation in contracting. A matter for the trial court where reasonable.Civil Matters — Volume 10 · Source page ٢٦٧
  22. Principle 1280Apparent agency. Its constituent elements. Treating the representative's contracting as having occurred on the basis of representation after its termination. Its condition. Good faith on the part of the representative anCivil Matters — Volume 10 · Source page ٢٦٧
  23. Principle 1281If a representative concludes a contract in the principal’s name within the limits of his representation. The effects of that contract accrue to the principal. - Inferring the existence or absence of representation in coCivil Matters — Volume 10 · Source page ٢٦٧
  24. Principle 1282Where the representative does not disclose his capacity upon contracting, the other contracting party neither knows nor is presumed to know of it, and has an interest in not regarding the contract as concluded with the pCivil Matters — Volume 10 · Source page ٢٦٧
  25. Principle 1283An agent contracting with a third party in the principal’s name within the limits of the agency. Its effect. The contract takes effect in relation to the principal. - The court of the merits has authority to ascertain thCivil Matters — Volume 10 · Source page ٢٦٨
  26. Principle 1284A representative’s contracting in his personal capacity with the other contracting party’s knowledge thereof. Its effect. The principal remains a stranger to the contract.Civil Matters — Volume 10 · Source page ٢٦٨
  27. Principle 1285Undisclosed agency. It produces, vis-à-vis the principal, all the legal effects produced by disclosed agency, so that the effects of the contract concluded by the agent extend to the principal and to the person contractiCivil Matters — Volume 10 · Source page ٢٦٨
  28. Principle 1286Apparent agency. Its effect and the conditions for its existence. Example of a sound inference of its existence.Civil Matters — Volume 10 · Source page ٢٦٨
  29. Principle 1287An agent's contracting with a third party in the principal's name and within the limits of the agency. Its effect. The effect of the contract attaches to the principal. Successive agencies, each authorizing the agent to Civil Matters — Volume 10 · Source page ٢٦٨
  30. Principle 1288Representation in contracting: inferring or negating it. Within the trial court’s authority, provided it bases its conclusion on reasonable grounds.Civil Matters — Volume 10 · Source page ٢٦٨
  31. Principle 1289Expression of intent to conclude a contract. The general rule is that the contracting party expresses it himself. The exception. Contracting through representation is permissible. - Inferring the existence or absence of Civil Matters — Volume 10 · Source page ٢٦٨
  32. Principle 1290A representative’s contracting in the name and for the account of the principal and within the limits of the representation. Effect thereof. The effects of the contract accrue directly to the principal. - Inferring repreCivil Matters — Volume 10 · Source page ٢٦٩
  33. Principle 1291Inferring the existence or absence of representation. A matter of fact within the exclusive competence of the court of the merits, without review. The condition for this.Civil Matters — Volume 10 · Source page ٢٦٩
  34. Principle 1292An agent's conclusion of a contract in the principal's name. All consequences of the contract accrue to the principal. Its conclusion outside the limits of his agency. Its effects do not accrue to the principal unless heCivil Matters — Volume 10 · Source page ٢٦٩
  35. Principle 1293Inferring or denying representation in contracting, understanding the facts of the action, and assessing the evidence and documents. Within the authority of the court of the merits.Civil Matters — Volume 10 · Source page ٢٦٩
  36. Principle 1294An agent contracting within the limits of the agency. Its effect. The effects of the contract accrue directly to the principal. His contracting outside the limits of the agency. The effectiveness of the contract against Civil Matters — Volume 10 · Source page ٢٦٩
  37. Principle 1295Expression of intention to conclude a contract. The rule is that the contracting party himself expresses it. The exception. Contracting through representation is permissible. Example concerning employees of commercial esCivil Matters — Volume 10 · Source page ٢٦٩
  38. Principle 1296Inferring the existence or absence of representation in contracting is a factual matter within the independent province of the trial court, provided the inference is reasonable.Civil Matters — Volume 10 · Source page ٢٦٩
  39. Principle 1297Conclusion of a contract. The general rule concerning it. It may be effected through representation. How this is done. - A representative's dealing in his own name negates representation, and the effects of the contract Civil Matters — Volume 10 · Source page ٢٦٩
  40. Principle 1298The worker is considered a representative of the employer in the legal dispositions he undertakes as required for the performance of his work. The effect of this: the latter is bound by the legal dispositions undertaken Civil Matters — Volume 10 · Source page ٢٧٠
  41. Principle 1299A principal's appointment of another person to conclude a contract on his account. Its effect. The effects of the contract attach to him, not to his representative. Unless the latter deals in his own name, in which case Civil Matters — Volume 10 · Source page ٢٧٠
  42. Principle 1300An agent’s contracting with a third party in the principal’s name. Its effect. The contract is regarded as having been made by the principal, who acquires the rights arising from it and bears the obligations resulting frCivil Matters — Volume 10 · Source page ٢٧٠
  43. Principle 1301A representative's conclusion of a contract without having established authority to represent the principal. The effects of the contract do not extend to the principal unless he ratifies it. Article 61 of the Civil Code.Civil Matters — Volume 10 · Source page ٢٧٠
  44. Principle 1302An agent’s contracting with a third party in the principal’s name and within the limits of the agency. Effect thereof. The contract is deemed to have been concluded by the principal, who acquires the rights arising from Civil Matters — Volume 10 · Source page
  45. Principle 1303Inferring the existence of representation in contracting. A matter of fact within the exclusive competence of the court of the merits. The condition for this.Civil Matters — Volume 10 · Source page
  46. Principle 1304The general rule is that a contracting party personally expresses his will to conclude the juridical act. A person acting on behalf of the principal - 270 - Obligation concludes the juridical act in the latter's name andCivil Matters — Volume 10 · Source page
  47. Principle 1305The general rule is that a contracting party expresses his will personally. Contracting through representation is permissible. Inferring the existence or absence of representation in contracting. A matter of fact within Civil Matters — Volume 10 · Source page
  48. Principle 1306The general rule is that the contracting party himself expresses his intention to conclude the contract. Contracting through representation is permissible. The representative’s dealing in his own name. Its implication: tCivil Matters — Volume 10 · Source page
  49. Principle 1307Ascertainment of capacity in contracting and arriving at an understanding of the facts. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page
  50. Principle 1308Ascertaining the capacity of the contracting party. A matter of fact exclusively for the trial court, provided its determination is sound.Civil Matters — Volume 10 · Source page
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