المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. الغش

    Principle 1486Fraud by the debtor is insufficient to render his disposition ineffective against the creditor. The creditor must prove collusion between the debtor and the transferee to harm him. The basis thereof. - The creditor's proCivil Matters — Volume 10 · Source page ٣٠١
  2. Principle 1488Agreed compensation. Its purpose. Exemption from liability for damage exceeding the agreed compensation, except in cases of fraud or gross fault. Article 304 of the Civil Code. The condition therefor. - The burden of proCivil Matters — Volume 10 · Source page ٣٠١
  3. Principle 1489The court of the merits may infer the elements of fraud from facts permitting such inference. Establishment of its existence. Its effect. - Good faith and honorable dealing. Their scope.Civil Matters — Volume 10 · Source page ٣٠١
  4. Principle 1490The company’s liability to third parties for its manager’s act. The third party must be in good faith. The rule that fraud vitiates acts. Its import. - Its inference of the elements of fraud and assessment of what provesCivil Matters — Volume 10 · Source page ٣٠١
  5. Principle 1491The court's obligation to examine a challenge alleging absolute simulation. Its condition: that it be explicit in its meaning, on the basis that the apparent contract has no existence in reality. A mere challenge alleginCivil Matters — Volume 10 · Source page ٣٠١
  6. Principle 1492A manifestly unfounded defence. No fault attaches to the judgment if it does not respond to it. Example of a plea that the sale contract is simulated owing to collusion and fraud. - 301 - ObligationCivil Matters — Volume 10 · Source page ٣٠١
  7. Principle 1494Objection to a judgment by a person who was not a party to the litigation. Its nature. The objector must prove fraud, collusion, or gross negligence by the person who represented him in the action. Article 158 of the LawCivil Matters — Volume 10 · Source page ٣٠٢
  8. Principle 1496Fraud upon which a petition for reconsideration is based. Its nature. Its conditions: that it emanate from the judgment creditor, his representative or a third party—if the opponent participated in it or knowingly used iCivil Matters — Volume 10 · Source page ٣٠٢
  9. Principle 1497Admissibility of an objection by a person outside the litigation. Its condition. That the objector establish fraud, collusion, or gross negligence by the person who represented him, and a causal relationship between thatCivil Matters — Volume 10 · Source page ٣٠٢
  10. Principle 1498Fraud upon which a petition for reconsideration is based. Its nature and the conditions for its admissibility. Article 248, Code of Procedure.Civil Matters — Volume 10 · Source page ٣٠٢
  11. Principle 1499Fraud on which a petition for reconsideration is based. It is fraud whose circumstances remained concealed from the opposing party throughout the hearing of the action - 302 - Obligation such that he had no opportunity tCivil Matters — Volume 10 · Source page ٣٠٢
  12. Principle 1500The court of the merits has authority to ascertain and understand the facts of the case, assess its evidence, and infer the existence or absence of fraud vitiating acts and dispositions. The condition for this. - The GovCivil Matters — Volume 10 · Source page ٣٠٣
  13. Principle 1501Domicile is the place where a person habitually resides on a settled basis with the intention of making it a home. Being settled does not mean uninterrupted continuous residence there. Residence must be habitual, even ifCivil Matters — Volume 10 · Source page ٣٠٣
  14. Principle 1502Fraud upon which a petition for reconsideration is based. Its nature: fraud committed by the party in whose favor judgment was rendered in the action on its basis, against which the court had no opportunity to guard whenCivil Matters — Volume 10 · Source page ٣٠٣
  15. Principle 1503The court's obligation to examine a challenge alleging absolute simulation. Its condition: that it be explicit in its meaning that the apparent contract has no existence in reality. Merely challenging on grounds of fraudCivil Matters — Volume 10 · Source page ٣٠٣
  16. Principle 1504The chairman and members of the board of directors of a joint-stock company. Liable towards the company, shareholders, and third parties for acts of fraud, abuse of authority, any violation of the law or the company’s arCivil Matters — Volume 10 · Source page ٣٠٣
  17. Principle 1505Fraud permitting a petition for reconsideration of judgments. Its nature and conditions: it must originate from the party in whose - 303 - Obligation favor judgment was rendered or that party's representative, be concealCivil Matters — Volume 10 · Source page ٣٠٣

  18. الغلط

    Principle 1506A judgment rendered on the basis of fraud committed by an opposing party or because he failed to disclose a decisive document in the action. The period for appealing it runs from the day the fraud was discovered or the dCivil Matters — Volume 10 · Source page ٣٠٤
  19. Principle 1509The mistake that leads to annulment of a contract. It is a mistake shared by the other contracting party, or of which he knew or could have known. Unilateral mistake is insufficient, even if fundamental.Civil Matters — Volume 10 · Source page ٣٠٤
  20. Principle 1511Determining whether a contracting party was mistaken or not. Within the trial court’s authority, provided its determination is reasonable.Civil Matters — Volume 10 · Source page ٣٠٤
  21. Principle 1512The burden of proving mistake and fraudulent misrepresentation rests on the person invoking them. Inferring their elements and assessing whether they are established. Within the authority of the court of merits. - 304 - Civil Matters — Volume 10 · Source page ٣٠٤
  22. Principle 1513Determining whether a mistake occurred or negating its occurrence is a factual matter independently determined by the trial judge. The condition for this. Basing the ruling on grounds that support it.Civil Matters — Volume 10 · Source page ٣٠٥
  23. Principle 1514Mistake vitiating consent. The conditions for giving it effect and its effect. Restricting its application to onerous transactions, excluding gratuitous transactions.Civil Matters — Volume 10 · Source page ٣٠٥
  24. Principle 1515Mistake vitiating the will. A false illusion into which a contracting party falls of his own accord, believing an untrue fact to be true or a true fact to be untrue. - Fraudulent misrepresentation is inducing confusion iCivil Matters — Volume 10 · Source page ٣٠٥
  25. Principle 1516Mistake as a defect of consent. The condition for giving it effect. That it be what induced the contracting party to contract and that it be connected with the other contracting party.Civil Matters — Volume 10 · Source page ٣٠٥
  26. Principle 1517Determining whether a contracting party was mistaken or not, and inferring the elements of fraudulent misrepresentation and what proves it from other defects of consent, is a factual matter within the independent provincCivil Matters — Volume 10 · Source page ٣٠٥
  27. Principle 1518Registration of an instrument does not protect it from challenge. Assessment of whether the contracting party laboured under a mistake or did not do so is a matter of fact. Invalidity of the contract. Its cases. Example Civil Matters — Volume 10 · Source page ٣٠٥
  28. Principle 1519A contracting party who has fallen into a fundamental mistake may seek annulment of the contract. - Establishing or negating that the contracting party fell into a mistake is a matter of fact in which the trial judge hasCivil Matters — Volume 10 · Source page ٣٠٥
  29. Principle 1520Giving effect to mistake as a defect of consent. Its condition. - Establishing or negating that a contracting party made a mistake. A question of fact within the exclusive discretion of the trial court. - 305 - ObligatioCivil Matters — Volume 10 · Source page ٣٠٥
  30. Principle 1521A contracting party may seek annulment of the contract if he made a mistake that induced him to consent to the contract. Assessment of whether or not the contracting party made a mistake. A matter for the trial court. ExCivil Matters — Volume 10 · Source page ٣٠٦
  31. Principle 1522What is required for mistake to have effect in a contract. It must be the inducement to contract, such that without it the contract would not have been consented to, and the mistake must be connected with the other contrCivil Matters — Volume 10 · Source page ٣٠٦
  32. Principle 1524Fraudulent misrepresentation in contracting: its nature. - Assessment of whether a contracting party was under a mistake or not, inference of the elements of fraudulent misrepresentation, determination of what establisheCivil Matters — Volume 10 · Source page ٣٠٦
  33. Principle 1525Payment is a legal disposition and is therefore subject to the provisions applicable to such dispositions regarding validity and nullity. Its effect. It must be made by a person possessing capacity, free from defects of Civil Matters — Volume 10 · Source page ٣٠٦
  34. Principle 1526Mistake. Its meaning. A misconception contrary to reality, whether through believing an incorrect fact to be correct or a correct fact to be incorrect, thereby vitiating consent without extinguishing it. - 306 - ObligatiCivil Matters — Volume 10 · Source page ٣٠٦
  35. Principle 1527Mistake in contracting. The condition for giving it effect. It must be the inducement to contract, and the mistake must be connected with the other contracting party through his having made the same mistake, his knowledgCivil Matters — Volume 10 · Source page ٣٠٧
  36. Principle 1528Mistake permitting a request for annulment of a contract. It must be fundamental. When it is so. And the other contracting party must in turn have fallen into the same mistake. Article 147/1 of the Civil Code. An exampleCivil Matters — Volume 10 · Source page ٣٠٧

  37. نطاق العقد

    Principle 1529An obligation whose subject matter is an act or abstention from an act must have a possible subject matter. If it is impossible, the obligation does not arise and the contract is void. - The meaning of impossibility: objCivil Matters — Volume 10 · Source page ٣٠٧
  38. Principle 1530Scope of a contract. It includes its necessary incidents in accordance with customary practice and the requirements of the nature of the transaction.Civil Matters — Volume 10 · Source page ٣٠٨
  39. Principle 1531Where a contractual relationship exists between the parties to the dispute, no enrichment action lies. The limits and scope of this rule. If delivery of the thing not due was made outside the scope of the contract, even Civil Matters — Volume 10 · Source page ٣٠٨
  40. Principle 1532The scope of a contract is not confined to binding the contracting party to what is specifically stated therein. It also includes what is considered incidental to it. Example concerning the obligation of a scholarship reCivil Matters — Volume 10 · Source page ٣٠٨
  41. Principle 1533The contract is the law of the contracting parties; neither may unilaterally rescind it or amend its provisions except within the limits permitted by the agreement or the law. The effect of the contract is confined to itCivil Matters — Volume 10 · Source page ٣٠٨
  42. Principle 1534The provisions of Articles 602 and 603 of the Civil Code. Their import: the relationship between the lessor and the original lessee in subletting is subject to the provisions of the original lease. The sublease does not Civil Matters — Volume 10 · Source page ٣٠٨
  43. Principle 1537The rule of enrichment without cause. It may not be applied where a contract governs the relationship between the parties. Nullity of the contract or its disregard as the basis of the action. Either contracting party mayCivil Matters — Volume 10 · Source page
  44. Principle 1538The contract is the law of the contracting parties. It is considered a law specific to them, although its origin is agreement. Article 196, Civil Code. Effect of the contract:Civil Matters — Volume 10 · Source page
  45. Principle 1539All consequences of the contract accrue to the principal. Its conclusion outside the limits of the agency. Its effects. They do not accrue to the principal unless he ratifies it expressly or impliedly.Civil Matters — Volume 10 · Source page
  46. Principle 1540A contract of carriage creates rights for the consignee and imposes obligations on him although he was not a party to the contract. The basis thereof. Articles 445 and 459 of the former Commercial Code. The consignee's cCivil Matters — Volume 10 · Source page
  47. Principle 1541The contract governs the relationship between the contracting parties so long as it does not contravene public order.Civil Matters — Volume 10 · Source page
  48. Principle 1542A succession of agencies, in each of which the agent is authorized to appoint another agent for the matters entrusted to him. The contract concluded by the last agent. Its effects accrue to the original principal. The reCivil Matters — Volume 10 · Source page
  49. Principle 1544A contract concluded by an agent in the principal’s name. Its effects accrue to the principal. If the agent does not disclose the principal’s name upon contracting, the other contracting party has the option of recourse Civil Matters — Volume 10 · Source page
  50. Principle 1545The contract is the law of the contracting parties. Effect thereof. Neither may unilaterally revoke it or amend its provisions.Civil Matters — Volume 10 · Source page
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