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. الاستغلال

    Principle 1430Assessing the grossness of the imbalance in equivalence and whether exploitation was the motive for contracting. A matter of fact exclusively for the trial court.Civil Matters — Volume 10 · Source page ٢٩٢
  2. Principle 1431The judgment's conclusion, on sound grounds, that the kinship between the parties had no effect in making one submit to the other in concluding the contract, that no compelling situation existed, and that the contract waCivil Matters — Volume 10 · Source page ٢٩٢
  3. Principle 1432Exploitation. As a defect of consent. When it produces its effect. - Assessment of whether or not exploitation was the inducement to contract. A matter for the trial court.Civil Matters — Volume 10 · Source page ٢٩٢
  4. Principle 1433Exploitation invalidating a contract. The condition for its existence. Exploitation of an aspect of human weakness in the contracting party to burden him with an excessive liability representing a gross disparity betweenCivil Matters — Volume 10 · Source page ٢٩٢
  5. Principle 1434Assessment of whether exploitation was the inducement to contract or not. A matter of fact independently determined by the court of merits.Civil Matters — Volume 10 · Source page ٢٩٢
  6. Principle 1435The element of exploitation invalidating a contract. It is the exploitation of an aspect of weakness in a contracting party and the exorbitant, gross disparity between what is given and received, contrary to honorable deCivil Matters — Volume 10 · Source page ٢٩٢
  7. Principle 1436The contract is the law of its parties. It may not be revoked, amended, or dispensed with except within the limits permitted by agreement or prescribed by law. - Exploitation. As a defect of consent. Its requirements andCivil Matters — Volume 10 · Source page ٢٩٢
  8. Principle 1437An action for exploitation. Lapses upon the passage of one year commencing on the date of the contract, unless the exploitation is based on unbridled passion or moral ascendancy, in which case the lapse period commences Civil Matters — Volume 10 · Source page ٢٩٣
  9. Principle 1438Exploitation as a defect of consent. Its nature, its requirements, and when it produces its effect. Articles 159, 160 of the Civil Code. - Assessing what establishes fraudulent misrepresentation and whether exploitation Civil Matters — Volume 10 · Source page ٢٩٣
  10. Principle 1439Exploitation as a defect of consent. Its existence requires that a person, in order to induce another person to accept the contract, exploit a human weakness in him arising from his compelling need to avert an imminent dCivil Matters — Volume 10 · Source page ٢٩٣

  11. التدليس

    Principle 1440Usufruct. Its nature. Its distinction from a leasehold right, as a financial right existing independently that can be valued and partitioned among co-owners in undivided ownership. Implication. The tenant's lack of entitCivil Matters — Volume 10 · Source page ٢٩٣
  12. Principle 1442When a contract may be annulled for fraudulent misrepresentation. What is meant by mistake and what is meant by fraudulent misrepresentation.Civil Matters — Volume 10 · Source page ٢٩٤
  13. Principle 1443Assessment of whether or not the contracting party is proved to have been mistaken, and assessment of the existence or absence of fraudulent misrepresentation, fall within the trial court’s authority, provided the assessCivil Matters — Volume 10 · Source page ٢٩٤
  14. Principle 1444The burden of proving mistake and fraud rests upon the party invoking them. Establishing their elements and assessing whether they are proven fall within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٢٩٤
  15. Principle 1445Assessment of proof of gross lesion and inference of the elements of mistake and fraudulent misrepresentation permitting avoidance of the contract. A matter of fact independently determined by the court of merits.Civil Matters — Volume 10 · Source page ٢٩٤
  16. Principle 1446Deceit vitiating consent. Its basis is trickery. When lying and concealment constitute trickery.Civil Matters — Volume 10 · Source page ٢٩٤
  17. Principle 1447Assessing whether a contracting party is proven to have laboured under a mistake or not, and inferring the elements of fraudulent misrepresentation. Matters of fact independently determined by the trial judge.Civil Matters — Volume 10 · Source page ٢٩٤
  18. Principle 1448Mistake vitiating consent. A false belief into which the contracting party falls of his own accord, believing an untrue fact to be true or a true fact to be untrue. - Fraudulent inducement is causing a contracting party Civil Matters — Volume 10 · Source page ٢٩٤
  19. Principle 1449Fraudulent misrepresentation. Its criterion. Treating lying and concealment as a stratagem. Its condition. Mere lying. Does not constitute fraudulent misrepresentation. - The court of merits has the authority to infer thCivil Matters — Volume 10 · Source page ٢٩٤
  20. Principle 1451Determining whether a contracting party was mistaken, fraudulently induced, or subjected to duress. Within the authority of the court of fact. - Fraudulent inducement is the stratagem directed at a contracting party withCivil Matters — Volume 10 · Source page ٢٩٥
  21. Principle 1453Ascertaining the elements of fraudulent misrepresentation and assessing what establishes it and what does not. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٢٩٥
  22. Principle 1454The essence of fraudulent misrepresentation. A stratagem directed at the contracting party with the intention of deceiving him and making him believe something contrary to reality and truth to induce him to consent to thCivil Matters — Volume 10 · Source page ٢٩٥
  23. Principle 1455A minor's resort, in order to conceal his capacity, to fraudulent methods capable of concealing his diminished capacity. His obligation to compensate the person contracting with him for the harm resulting from annulment Civil Matters — Volume 10 · Source page ٢٩٥
  24. Principle 1456The binding authority of a criminal judgment in a civil action. It does not extend beyond what the criminal judgment necessarily determined for its ruling concerning the occurrence of the act constituting the common basiCivil Matters — Volume 10 · Source page ٢٩٥
  25. Principle 1457Fraud vitiating consent. Its nature and elements. Establishing it. A factual matter within the exclusive authority of the court of merits. - 295 - ObligationCivil Matters — Volume 10 · Source page ٢٩٥
  26. Principle 1458Fraudulent inducement, its nature: the use of fraudulent methods capable of inducing a contracting party to conclude the juridical act to which his will was directed, thereby vitiating it. Obtaining a person's signature Civil Matters — Volume 10 · Source page ٢٩٦
  27. Principle 1460The winner's obtaining draw coupons through fraud and fraudulent misrepresentation. Its effect. His lack of entitlement to claim the prize. The judgment's conclusion that his submission of numerous coupons without corresCivil Matters — Volume 10 · Source page ٢٩٦
  28. Principle 1461Fraudulent inducement. Its nature. Lying and concealment. Their being regarded as such. Its condition. - Inferring fraudulent inducement and defects of consent. Within the authority of the court of fact. The condition foCivil Matters — Volume 10 · Source page ٢٩٦
  29. Principle 1462Fraudulent misrepresentation vitiating consent and invalidating a contract. Its nature: the use of artifices inducing a contract that would not have been accepted in the form in which it occurred but for deception througCivil Matters — Volume 10 · Source page ٢٩٦
  30. Principle 1463Fraudulent misrepresentation. Its nature. It must involve a reasonable degree of deception and fraud reaching the level of a stratagem. The reason for that. - Exploitation. Its condition. Exploiting aspects of human weakCivil Matters — Volume 10 · Source page ٢٩٦
  31. Principle 1465Inferring the elements of fraudulent misrepresentation and assessing what does and does not establish it. A factual matter exclusively determined by the trial judge. The condition thereof.Civil Matters — Volume 10 · Source page ٢٩٧
  32. Principle 1466Fraud. Its meaning: a stratagem directed at a contracting party with the intention of deceiving him and making him believe something contrary to reality and truth so that he agrees to the contract, and its connection witCivil Matters — Volume 10 · Source page ٢٩٧
  33. Principle 1467Fraudulent misrepresentation. Its nature. - Lying and concealment. Treating them as deception. Its condition. They must breach a special duty of truthfulness or candour which the circumstances entitle the deceived personCivil Matters — Volume 10 · Source page ٢٩٧
  34. Principle 1468Fraudulent inducement. Its nature. Causing a contracting party to fall into a mistake that induces him to contract. Its effect. Rendering the contract voidable. - Lying and concealment. The legislature has placed them onCivil Matters — Volume 10 · Source page ٢٩٧
  35. Principle 1469An application to annul a contract for fraudulent misrepresentation. Permissible for a person whose consent resulted from artifices directed at that person with the intention of deceiving and thereby inducing that personCivil Matters — Volume 10 · Source page ٢٩٧
  36. Principle 1470Fraudulent misrepresentation. Its nature. Lying and concealment. Their being regarded as such. Its condition. - Inferring fraudulent misrepresentation and defects of consent. Within the authority of the court of merits. Civil Matters — Volume 10 · Source page ٢٩٧
  37. Principle 1471The right to annul a contract. Its lapse upon the passage of three years commencing on the day the mistake or fraudulent misrepresentation is discovered. Expiry of this period. Its effect. The contract becomes valid and Civil Matters — Volume 10 · Source page ٢٩٨
  38. Principle 1472The contract is the law of its parties. It may not be revoked or amended, nor may exemption from it be granted, except within the limits permitted by agreement or prescribed by law. Fraud. Its meaning. - Inferring the elCivil Matters — Volume 10 · Source page ٢٩٨
  39. Principle 1473Fraudulent misrepresentation in contracting: its nature. - Assessing proof that a contracting party was mistaken or negating this, inferring the elements of fraudulent misrepresentation and determining what proves it andCivil Matters — Volume 10 · Source page ٢٩٨
  40. Principle 1474The buyer's acknowledgment in the sale contract of his knowledge of the thing sold or that he has previously seen it. Evidence against him. The effect of this: he is not entitled to have the sale annulled on the ground oCivil Matters — Volume 10 · Source page ٢٩٨
  41. Principle 1475Fraud is considered one of the harmful acts characterised as a civil wrong. Its effect. Its perpetrator remains liable for what he committed pursuant to the provisions of tortious liability whenever its constituent elemeCivil Matters — Volume 10 · Source page ٢٩٨

  42. الغبن

    Principle 1476Mistake vitiating consent in contracting. Its establishment through a mistake as to the value of the subject matter of the contract such that it appears that, had he not fallen into it, he would not have consented to theCivil Matters — Volume 10 · Source page ٢٩٨
  43. Principle 1478Whether deception exists in a sale. Its assessment belongs to the court of merits. The condition for this. The court's conclusion that deception exists on the part of the purchaser or broker. It is not obliged to appointCivil Matters — Volume 10 · Source page
  44. Principle 1479Under the provisions of the Majalla of Judicial Provisions. Gross disparity alone does not affect the validity and binding force of a sale unless the sale concerns property belonging to an orphan, the State or an endowmeCivil Matters — Volume 10 · Source page
  45. Principle 1480Assessment of the existence or absence of gross disparity in consideration is within the authority of the court of the merits, provided it is reasonable.Civil Matters — Volume 10 · Source page
  46. Principle 1481Prodigality is squandering and dissipating property on what rational persons of religious observance do not regard as a proper purpose. The frivolity that afflicts - 299 - Obligation a person and leads him to act contrarCivil Matters — Volume 10 · Source page
  47. Principle 1482The court's superfluous discussion, in some of its reasons, of a matter outside the bounds of the dispute before it and unnecessary for deciding the action. Its effect. What it addressed does not acquire the force of resCivil Matters — Volume 10 · Source page
  48. Principle 1483The price is an essential element of a sale. It must be determined or determinable for the sale to be concluded. It is sufficient to state suitable bases for its assessment or to make it determinable by stating them, or Civil Matters — Volume 10 · Source page
  49. Principle 1484Prodigality. Its nature: squandering and dissipating wealth; among its criteria is frivolity affecting a person, causing that person to act contrary to the dictates of reason and Sharia. - Heedlessness. Its nature: weaknCivil Matters — Volume 10 · Source page
  50. Principle 1485The agent's collusion with a third party to prejudice the principal's rights. Its effect. The disposition is ineffective against the principal. - 300 - ObligationCivil Matters — Volume 10 · Source page
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