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. الصفة في التعاقد

    Principle 1309The manager of a limited liability company who is liable with his personal assets for the company's debt is the person established to have that capacity at the time of conclusion of the contract giving rise to the indebtCivil Matters — Volume 10 · Source page ٢٧١

  2. الشكلية كركن في بعض العقود

    Principle 1310Ascertaining the capacity in which a person contracts. A factual matter within the trial court’s exclusive assessment, provided its inference is reasonable. Formality as an essential element in certain contracts:Civil Matters — Volume 10 · Source page ٢٧١
  3. Principle 1311Conclusion and amendment of a formal contract are valid only upon fulfillment of the required form. The form imposed by law relates to public policy. The effect thereof. - 271 - Obligation - Limited liability companies. Civil Matters — Volume 10 · Source page ٢٧١
  4. Principle 1312Authentic form is an essential element in the formation of a sale of a commercial establishment. Consequence of its absence. Nullity of the contract. This pertains to public policy.Civil Matters — Volume 10 · Source page ٢٧٢
  5. Principle 1313The legislature's imposition of a particular form for a contract or its amendment. Aimed at a public interest connected with public policy. Absence of the formality. Its effect. Nonexistence of the contract or amendment.Civil Matters — Volume 10 · Source page ٢٧٢
  6. Principle 1314Official form is an essential element of a contract assigning a partner's share in a limited liability company. - Assignment of a share in a limited liability company. Its effect extends to the company, the partners and Civil Matters — Volume 10 · Source page ٢٧٢
  7. Principle 1315The general rule is that contracts are consensual. The mere mutual consent of the contracting parties suffices for their formation. The form of a contract prescribed by law constitutes an essential element of the contracCivil Matters — Volume 10 · Source page ٢٧٢
  8. Principle 1316The legislature’s prescription of a particular form for a contract. Its meaning. Its invalidity unless that form is satisfied. The reason for this and its connection with public policy. Failure thereof. Its effect. The cCivil Matters — Volume 10 · Source page ٢٧٢
  9. Principle 1317Sale of a commercial establishment. The condition for its conclusion. Its recording in an official instrument before a notary public. Failure to follow the form prescribed by law. Its effect. Absolute nullity of the saleCivil Matters — Volume 10 · Source page ٢٧٣
  10. Principle 1318Everyone who receives something not due is obliged to return it. It makes no difference whether the absence of entitlement arises from the facts themselves or from a legal consideration. - The appellant's insistence thatCivil Matters — Volume 10 · Source page ٢٧٣
  11. Principle 1319Official form is an essential element in the formation of a sale of a commercial establishment. Its absence. Its effect: the absolute nullity of the contract, whether in relation to the contracting parties or third partiCivil Matters — Volume 10 · Source page ٢٧٣
  12. Principle 1320The contract of a limited liability company. Official form is an essential constituent element of it, of a contract by which any partner assigns his share therein, and of the power of attorney issued to another to executCivil Matters — Volume 10 · Source page ٢٧٣
  13. Principle 1321Formation of a limited liability company or any amendment thereto. Must be embodied in an official instrument. Reason therefor: it is a matter of public policy. Contravening this. Nonexistence of the contract. Its effectCivil Matters — Volume 10 · Source page ٢٧٤
  14. Principle 1322Limited liability companies. The partners' agreement in the memorandum of association to appoint a manager without specifying a particular term. Its implication. He remains manager for the duration of its existence. His Civil Matters — Volume 10 · Source page ٢٧٤
  15. Principle 1323Sale of a commercial establishment. The condition for its formation. Its embodiment in an official instrument before a notary public. Failure to observe the form prescribed by law. Its effect. The absolute nullity of theCivil Matters — Volume 10 · Source page ٢٧٤
  16. Principle 1324For a decision converting a company from one legal form to another to become effective, the legislature required its publication in the Official Gazette and in 2 daily newspapers, the lapse of 60 days from the date of puCivil Matters — Volume 10 · Source page ٢٧٤
  17. Principle 1325Official form is an essential element of a contract assigning a partner's share in a limited liability company. The effect of this assignment as regards the partners arises only from the time of entry in the company's boCivil Matters — Volume 10 · Source page ٢٧٥
  18. Principle 1326The legislature’s imposition of a particular form for a contract. Its implication. The contract is not valid unless that form is satisfied. The reason therefor. Its connection with public policy. Its absence. Its effect.Civil Matters — Volume 10 · Source page ٢٧٥
  19. Principle 1327Official form is necessary for the establishment of limited liability companies and for any partner's assignment of his share therein. Failure to embody a partner's contract assigning his share in the company in the formCivil Matters — Volume 10 · Source page ٢٧٥
  20. Principle 1328Official 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 ٢٧٥
  21. Principle 1329The contract of a limited liability company. Authentic form is an essential element thereof and of a contract by which any partner assigns his share therein. Contravention thereof. Effect thereof. Absolute nullity of theCivil Matters — Volume 10 · Source page ٢٧٥
  22. Principle 1330Authentic form is an essential element in the conclusion of the incorporation contract of joint-stock companies, including those whose shares are not offered for public subscription. It must be present in the power of atCivil Matters — Volume 10 · Source page ٢٧٥
  23. Principle 1331The principle is that contracts are consensual unless the law requires a particular form for their existence. Effect thereof. Form is an essential element of the contract that must be observed when contracting; otherwiseCivil Matters — Volume 10 · Source page ٢٧٥
  24. Principle 1332The formation of a limited liability company or any amendment thereto. It must be embodied in an official instrument. The reason therefor: it is a matter of public policy. Contravention thereof. Its effect. The absolute Civil Matters — Volume 10 · Source page ٢٧٦
  25. Principle 1333Instruments on which a notary public authenticates the signatures of the persons concerned. Private instruments. This is not altered by the authentication being subject to certain procedures prescribed for the notarizatiCivil Matters — Volume 10 · Source page ٢٧٦

  26. سبب العقد

    Principle 1334The contract of a limited liability company or any amendment introduced thereto. It must be embodied in an official instrument. Contravention thereof. Its effect. Absolute nullity. The reason for this: it is a matter of Civil Matters — Volume 10 · Source page ٢٧٦
  27. Principle 1335The cause of an obligation. Its nature. In bilateral contracts, the obligation of one contracting party constitutes the cause of the other's obligation. The existence of the cause at the time of conclusion of the contracCivil Matters — Volume 10 · Source page ٢٧٧
  28. Principle 1336The cause of a contract is one of its elements. An obligation under a contract without cause or with an unlawful cause. Its effect. Nullity of the contract. Example concerning the nullity of operating a car lubrication aCivil Matters — Volume 10 · Source page ٢٧٧
  29. Principle 1337A lawful cause for an obligation is presumed, even if it is not mentioned in the contract, until evidence to the contrary is established. Whoever alleges the absence or unlawfulness of the cause bears the burden of proviCivil Matters — Volume 10 · Source page ٢٧٧
  30. Principle 1338The 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 with it. The reason: a lawful cause is presumed for every contract Civil Matters — Volume 10 · Source page ٢٧٧
  31. Principle 1341The general rule is the lawfulness of the cause of the obligation. Proof to the contrary. Upon the person alleging it. - 277 - ObligationCivil Matters — Volume 10 · Source page ٢٧٧
  32. Principle 1343An 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 ٢٧٨
  33. Principle 1344Cause 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 ٢٧٨
  34. Principle 1346Presumption of a lawful cause for the obligation even if not stated in the contract. When evidence to the contrary is established. Whoever alleges absence or unlawfulness of cause bears the burden of proving it.Civil Matters — Volume 10 · Source page ٢٧٨

  35. محل العقد

    Principle 1348The issuer’s signature on the instrument. His obligation to pay its value even if the cause of the indebtedness is not stated therein. Reason therefor: the presumption that it has a lawful cause. The burden of proving thCivil Matters — Volume 10 · Source page ٢٧٩
  36. Principle 1349The subject of an obligation may be a fungible or non-fungible thing. The nature of a fungible thing and a non-fungible thing. The same thing may be fungible or non-fungible according to its nature, the intention of the Civil Matters — Volume 10 · Source page ٢٧٩
  37. Principle 1350A contract for the sale of a commercial establishment containing no statement of the business's tangible and intangible elements. Does not in itself indicate that the sale does not include them. For the contract to be reCivil Matters — Volume 10 · Source page ٢٧٩
  38. Principle 1351For a settlement contract to exist, each settling party must reciprocally relinquish part of his claims to resolve an existing dispute or one that may arise between them. Relinquishment by one of them without the other. Civil Matters — Volume 10 · Source page ٢٧٩
  39. Principle 1352Effectiveness of a sale under the Majalla of Judicial Rules. Its condition. The seller's ownership of the subject matter of the contract at the time of sale.Civil Matters — Volume 10 · Source page ٢٧٩
  40. Principle 1353The subject matter of an obligation. The manner of its determination varies according to its nature and the circumstances of contracting. Its direct determination. Not necessary. It is sufficient that the contract contaiCivil Matters — Volume 10 · Source page ٢٧٩
  41. Principle 1354The absence of a quality warranted by the lessor in the leased property. Gives rise to liability under the warranty without requiring that its absence diminish the benefit or render the property unfit for use. - 279 - ObCivil Matters — Volume 10 · Source page ٢٧٩
  42. Principle 1356Performance is a legal act and is therefore governed by the provisions applicable to legal acts as regards validity and nullity. Its effect. It must emanate from a person with capacity, be free from defects of consent, aCivil Matters — Volume 10 · Source page ٢٨٠
  43. Principle 1357The object of the obligation. It must be capable of performance. The debtor’s undertaking of an impossibility. Effect thereof. Its nullity and the nullity of the contract intended to create it. - Objective impossibility Civil Matters — Volume 10 · Source page
  44. Principle 1359The insurer's coverage. Its limit. The subject to which it committed itself, namely the risks specified in the insurance policy. - 280 - ObligationCivil Matters — Volume 10 · Source page
  45. Principle 1360Commercial contracts agency(*). Is founded on the concept of representation. The agent therein represents the principal in concluding the transaction. His adherence to its limits. Its effect: a relationship with all its Civil Matters — Volume 10 · Source page
  46. Principle 1361Payments entered in a current account. They lose their characteristics and individual identity and merge into an indivisible whole. The reason. In application of the principle of the cohesion and indivisibility of the cuCivil Matters — Volume 10 · Source page
  47. Principle 1363A promise to contract. Its effect. The promised contract comes into existence upon the promisee's consent, and the promisor is to consent within the limited period during which the promise remains effective. - 281 - ObliCivil Matters — Volume 10 · Source page
  48. Principle 1364The state of insanity or mental infirmity becoming notorious, or the court appointing a curator. A presumption that the disposition was concluded in a state of insanity or mental infirmity, from the time of notoriety or Civil Matters — Volume 10 · Source page
  49. Principle 1366Intent is presumed to exist upon entering into a disposition unless the contrary is proved. - Notoriety of insanity or mental deficiency, or the appointment of a curator. A presumption that the disposition was entered inCivil Matters — Volume 10 · Source page
  50. Principle 1367Existence of a state of mental infirmity requiring interdiction as an impediment to capacity. A factual matter exclusively determined by the trial court. The condition thereof. - The judgment's reliance on a Ministry of Civil Matters — Volume 10 · Source page
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