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. الجنون

    Principle 1368An application to place an insane person, a mentally infirm person, a person of weak judgment or a prodigal under interdiction. Those having an interest therein. The Department of Minors’ Affairs and every interested parCivil Matters — Volume 10 · Source page ٢٨٢
  2. Principle 1369The presumption is that a person’s disposition proceeds from a sound will. - A person’s being known for insanity or mental deficiency, or the court’s appointment of a curator over him. Its import: the presumption that thCivil Matters — Volume 10 · Source page ٢٨٢
  3. Principle 1370The general rule is to presume intention when a legal disposition is made unless the contrary is proved. Departure from this rule in cases of insanity or mental deficiency. The condition for this. Either must be manifestCivil Matters — Volume 10 · Source page ٢٨٣
  4. Principle 1371A judgment imposing interdiction for mental infirmity: ruling that dispositions preceding it are valid does not infringe its binding authority so long as it did not conclusively determine that mental infirmity existed atCivil Matters — Volume 10 · Source page ٢٨٣
  5. Principle 1372The presumption is that a person's disposition proceeds from a sound will. - A person being known for insanity or mental infirmity, or the court appointing a guardian for him. Its implication: the presumption that the diCivil Matters — Volume 10 · Source page ٢٨٣

  6. العته

    Principle 1373The rule is that a person possesses volition when concluding a disposition unless the contrary is proven. The exception: the two cases of insanity or mental infirmity. Article 100 of the Civil Code. - A disposition beingCivil Matters — Volume 10 · Source page ٢٨٣
  7. Principle 1374Definition of mental deficiency under Article 945 of the Majalla and the statements of jurists. Assessing the existence of mental deficiency is a matter for the trial court. The disposition of a mentally deficient personCivil Matters — Volume 10 · Source page ٢٨٤
  8. Principle 1377The legal acts of a mentally deficient person are subject to the rules governing the legal acts of a discerning minor. - The legal acts of a discerning minor: when they are valid and when they are void or voidable in hisCivil Matters — Volume 10 · Source page ٢٨٤
  9. Principle 1378Dispositions involving both benefit and detriment. What is meant by them. Example. - A person of diminished capacity invoking his diminished capacity. His having claimed to possess capacity does not preclude this. - A miCivil Matters — Volume 10 · Source page ٢٨٤
  10. Principle 1379A judgment imposing interdiction for mental infirmity: ruling that dispositions preceding it are valid does not infringe its res judicata effect so long as it did not conclusively determine the existence of mental infirmCivil Matters — Volume 10 · Source page ٢٨٤

  11. السفه والغفلة

    Principle 1380Mental infirmity is a defect affecting the mind that does not deprive a person of understanding but merely diminishes it. Its effect. Diminished capacity. The rules governing the dispositions of a discerning minor apply Civil Matters — Volume 10 · Source page ٢٨٥

  12. الإكراه

    Principle 1381Prodigality is squandering and dissipating property for what rational persons of religion do not regard as a proper purpose. The frivolity that overtakes a person and induces him to act contrary to the dictates of reasonCivil Matters — Volume 10 · Source page ٢٨٥
  13. Principle 1382Annulment of an instrument for a defect in consent. Instituted for a private interest. Its effect. The trial court may not order it of its own motion.Civil Matters — Volume 10 · Source page ٢٨٦
  14. Principle 1383The judgment’s adherence, in assessing duress, to the legal criterion by taking account of the surrounding circumstances and all other circumstances. Criticizing it for stating its assessment in absolute terms without coCivil Matters — Volume 10 · Source page ٢٨٦
  15. Principle 1384The court's finding that no duress vitiating consent existed. It is not obliged to conduct an investigation it does not consider necessary. Its disregard of postponing the action until actions brought before other bodiesCivil Matters — Volume 10 · Source page ٢٨٦
  16. Principle 1385Assessment of the means of duress. A factual matter exclusively determined by the trial judge. The court's finding that no duress affecting consent occurred. It is not obliged to conduct an investigation it does not consCivil Matters — Volume 10 · Source page ٢٨٦
  17. Principle 1386The judgment reasonably finding that no duress occurred. Criticism thereof in this regard. A factual argument. It may not be debated before the Court of Cassation.Civil Matters — Volume 10 · Source page ٢٨٦
  18. Principle 1387Assessing the occurrence of duress, its gravity, and its effect on the contracting party's mind. A matter of fact.Civil Matters — Volume 10 · Source page ٢٨٦
  19. Principle 1388Duress vitiating consent. What constitutes it. And its necessary consequence. Assessing the means of duress, their gravity and their effect on the contracting party’s mind. A factual matter.Civil Matters — Volume 10 · Source page ٢٨٦
  20. Principle 1389Duress. Its existence and effect. Assenting to a legal disposition under the sway of dread or fear. The condition that the dread be induced in the contracting party without right. - 286 - ObligationCivil Matters — Volume 10 · Source page ٢٨٦
  21. Principle 1390Duress. Its nature. What vitiates consent is fear. The requirement that fear be generated by the act of an actor. Fear generated by the circumstances surrounding a person or by mere reverence is not duress. The reason foCivil Matters — Volume 10 · Source page ٢٨٧
  22. Principle 1391Duress that vitiates intention. Dread induced without right, under whose sway a person falls through the use of a means of pressure to achieve an unlawful purpose. Article 156 of the Civil Code. - The defence that a blanCivil Matters — Volume 10 · Source page ٢٨٧
  23. Principle 1394Assessment of the means of duress and the degree of their severity. A question of fact within the exclusive discretion of the trial court.Civil Matters — Volume 10 · Source page ٢٨٧
  24. Principle 1395Assessment of the occurrence of duress, its gravity and its effect on the contracting party’s mind. A factual matter within the exclusive province of the trial court.Civil Matters — Volume 10 · Source page ٢٨٧
  25. Principle 1396Assessment of the gravity of the means of duress and their effect. A matter of fact independently assessed by the court of merits.Civil Matters — Volume 10 · Source page ٢٨٧
  26. Principle 1397Assessing the means of duress, the grossness of the imbalance in equivalence, and whether exploitation was a motive for contracting. A matter of fact exclusively for determination by the trial judge.Civil Matters — Volume 10 · Source page ٢٨٧
  27. Principle 1398Duress invalidating consent. Its condition. Fear being wrongfully instilled in the contracting party by the act of a person. Its being instilled by moral influence, without intervention by anyone, or by a means permittedCivil Matters — Volume 10 · Source page ٢٨٧
  28. Principle 1399Duress invalidating consent. Its nature. Assessment of the means of duress, the degree of their gravity, and their effect on the contracting party's mind. Independently determined by the court of merits.Civil Matters — Volume 10 · Source page ٢٨٨
  29. Principle 1400Duress invalidating consent. Its nature and what is required for its existence. - Assessing the means of duress and the extent of their influence on the contracting party’s mind. Within the trial court’s power.Civil Matters — Volume 10 · Source page ٢٨٨
  30. Principle 1401Duress vitiating consent. Direct pressure from a person's will that drives him to accept something under the influence of fear wrongfully instilled in him. - The plea of nullity of the penalty clause because the debtor aCivil Matters — Volume 10 · Source page ٢٨٨
  31. Principle 1403Assessment of the existence or absence of duress. A matter of fact independently determined by the trial judge.Civil Matters — Volume 10 · Source page ٢٨٨
  32. Principle 1404Duress invalidating consent. What constitutes it. Assessment of the means of duress, their degree of gravity, and their effect upon the contracting party's mind. A factual matter exclusively assessed by the trial judge. Civil Matters — Volume 10 · Source page ٢٨٨
  33. Principle 1405Duress vitiating consent. Its nature. How it occurs, its effect, and what is required for its existence. Assessment of its existence or absence. Independently determined by the judge of merits.Civil Matters — Volume 10 · Source page ٢٨٨
  34. Principle 1406Duress that vitiates consent. Its nature. - Assessment of the means of duress and their effect on the contracting party's mind. Within the authority of the court of merits. The condition for this.Civil Matters — Volume 10 · Source page ٢٨٨
  35. Principle 1407Duress invalidating consent. Its nature. What vitiates consent is fear. The condition for its arising is that it be caused by a person's act. Fear arising from the circumstances surrounding the person. No duress. - 288 -Civil Matters — Volume 10 · Source page ٢٨٨
  36. Principle 1408Duress invalidating consent. What constitutes it. - Assessment of the means of duress and the degree of their gravity. A matter of fact independently determined by the court of merits.Civil Matters — Volume 10 · Source page ٢٨٩
  37. Principle 1413Assessment of the existence of duress. A matter of fact independently determined by the trial judge. Example.Civil Matters — Volume 10 · Source page ٢٨٩
  38. Principle 1414Assessing the means of duress, their degree of severity and their effect on the contracting party's mind. A matter of fact, provided the assessment is sound. An example of a sound assessment.Civil Matters — Volume 10 · Source page ٢٨٩
  39. Principle 1415Assessment of the occurrence of duress, its severity, and its effect on the contracting party's mind. A question of fact. Example.Civil Matters — Volume 10 · Source page ٢٨٩
  40. Principle 1416Duress invalidating consent. How it is established. Assessing whether a contracting party was subjected to duress that induced him to contract, or negating this. A matter of fact. Example. - 289 - ObligationCivil Matters — Volume 10 · Source page ٢٨٩
  41. Principle 1420Assessment of the means of duress and their effect on the contracting party’s mind. Within the trial court’s authority. The condition thereof.Civil Matters — Volume 10 · Source page ٢٩٠
  42. Principle 1421Assessment of the existence or absence of duress. A matter of fact. Independently determined by the judge of merits whenever he bases his judgment on sound reasons having an established basis in the papers. - The challenCivil Matters — Volume 10 · Source page ٢٩٠
  43. Principle 1422Performance is a legal act and is therefore subject to the rules applicable to legal acts as regards validity and nullity. Effect thereof. It must emanate from a person with legal capacity, be free of defects of consent,Civil Matters — Volume 10 · Source page
  44. Principle 1423Assessment of the means of duress and their severity, ascertaining the occurrence of gross disparity, and determining whether they were the inducement to contract. Within the authority of the court of the merits. The conCivil Matters — Volume 10 · Source page
  45. Principle 1424Duress invalidating consent. It arises by threatening the coerced person with grave and imminent danger to his person or property, or by using other means of pressure that he cannot withstand or escape, capable of producCivil Matters — Volume 10 · Source page
  46. Principle 1425Conclusion of a contract or juridical act under physical or moral duress. It is absolutely void and unenforceable. This may be established by all means of proof.Civil Matters — Volume 10 · Source page
  47. Principle 1426Duress invalidating consent. It arises only through threatening the coerced contracting party with grave, imminent danger to his person or property, or through the use of other means of pressure that he cannot withstand Civil Matters — Volume 10 · Source page
  48. Principle 1427The parties to an employment contract may agree to reduce the worker’s wage, whether by amending an existing contract or concluding another contract. Its implication. The employer’s obligation to pay that wage. MultiplicCivil Matters — Volume 10 · Source page
  49. Principle 1428Duress vitiating consent. It arises by threatening the coerced person with grave, imminent danger to his person or property, or by using other means of pressure that he cannot withstand, resulting in fear inducing him toCivil Matters — Volume 10 · Source page
  50. Principle 1429Exploitation. As a defect of consent. It rests on 2 matters: exploitation of an aspect of weakness in the contracting party and gross, excessive disparity between what is given and received. Exploitation must be the induCivil Matters — Volume 10 · Source page
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