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

Search this collection

  1. قواعد المسئولية العقدية

    Principle 1678The financial sanction imposed by the contracting parties; its nature: a penalty clause or agreed compensation. Its purpose. Redressing the damage suffered by the contracting party against whom the breach of obligation oCivil Matters — Volume 10 · Source page ٣٢٩
  2. Principle 1679Compensation to the buyer under the warranty against eviction in the former Commercial Code. Recourse to its general rules because it contains no regulation thereof. Articles 162, 163 thereof. Compensation in contractualCivil Matters — Volume 10 · Source page ٣٢٩
  3. Principle 1680A party to an exchange failing to perform his contractual obligation to deliver at the agreed time. Constitutes a breach of his obligation establishing liability on his part that entails compensation for harm. What compeCivil Matters — Volume 10 · Source page ٣٢٩
  4. Principle 1681Inability to perform the exchanging party's obligation to deliver for a reason attributable to him. Fault. Giving rise to his liability for compensation. - 329 - ObligationCivil Matters — Volume 10 · Source page ٣٢٩
  5. Principle 1682The dispute relating to plots allocated by the State to citizens. Its consequence. The applicable liability is contractual liability. Applying tortious liability. An error in applying the law.Civil Matters — Volume 10 · Source page ٣٣٠
  6. Principle 1683The contracting parties may modify the rules of contractual liability where the modification is within the limits of the law and public policy. A provision in the insurance contract that the insurance company is not liabCivil Matters — Volume 10 · Source page ٣٣٠
  7. Principle 1684The right of the trial judge to infer whether or not a contracting party breached his obligation so as to incur contractual liability. Its condition. The inference must be reasonable and derived from elements leading to Civil Matters — Volume 10 · Source page ٣٣٠
  8. Principle 1685The administration's right to impose penalties on its contracting party. Judicial review of its exercise thereof. - The administration's right to impose a penalty for delay in performance on its contracting party even ifCivil Matters — Volume 10 · Source page ٣٣٠
  9. Principle 1687Fault giving rise to contractual liability. Inferring its existence. Independently determined by the court of merits. It is not bound by reasons contained in the criminal judgment that are unnecessary to deciding the criCivil Matters — Volume 10 · Source page ٣٣٠
  10. Principle 1688The freedom of contracting parties to modify the rules of contractual liability insofar as this does not contravene public order. - 330 - Obligation - It is permissible to agree to exempt the debtor from any liability arCivil Matters — Volume 10 · Source page ٣٣٠
  11. Principle 1689Contractual liability arises if the debtor fails to perform his obligation arising from the contract, whether an obligation to achieve a result or to exercise care. How the latter obligation is performed. - Inferring fauCivil Matters — Volume 10 · Source page ٣٣١
  12. Principle 1690Characterization of the act on which the claim for compensation is founded. A question of law subject to review by the Court of Cassation. - Ascertaining or negating fault giving rise to a lawyer's liability toward the cCivil Matters — Volume 10 · Source page ٣٣١
  13. Principle 1691The lawyer's obligation toward his client. An obligation to perform work in which he exercises a degree of care. The basic standard of this care. Contractual fault in an obligation to exercise care. Its nature. - The lawCivil Matters — Volume 10 · Source page ٣٣١
  14. Principle 1692The general rule is specific performance of the obligation. - The debtor's offer to perform his obligation in kind. Its effect. The creditor may not refuse it while insisting upon compensation. The rationale thereof.Civil Matters — Volume 10 · Source page ٣٣١
  15. Principle 1693The rule is the contracting parties’ freedom to modify the rules of contractual liability. Its criterion. - A provision in an insurance contract that the insurance company is not liable for compensation if the insured brCivil Matters — Volume 10 · Source page ٣٣١
  16. Principle 1694The insurance company’s recourse against the insured. Its prerequisite. The accident must have occurred as a result of the vehicle driver’s breach of the restrictions contained in the insurance policy.Civil Matters — Volume 10 · Source page ٣٣٢
  17. Principle 1696The doctrine of sovereign act. Its conditions. A specific or general measure issued by the contracting administrative authority, unforeseen at the time of contracting, causing harm to the contracting party. - Ministries,Civil Matters — Volume 10 · Source page ٣٣٢
  18. Principle 1697Force majeure by which the debtor’s liability is removed. Its meaning and conditions. - Assessment of whether evidence establishes force majeure is within the authority of the court of the merits.Civil Matters — Volume 10 · Source page ٣٣٢
  19. Principle 1698The contracting parties’ prior agreement on the amount of compensation due to the creditor for the debtor’s breach of his obligation, whether in the contract or a subsequent agreement. Permissibility of agreeing on the aCivil Matters — Volume 10 · Source page ٣٣٢
  20. Principle 1699The injured party in motor vehicle accidents has a direct right to compensation derived from the Traffic Law. He may recover it from the insurance company. This requires only that the vehicle be insured and that its drivCivil Matters — Volume 10 · Source page ٣٣٣
  21. Principle 1700The source of an obligation may be multiple while its subject matter remains one. Its effect. The existence of multiple creditors for a single debt; the creditor may claim against any debtor among them or bring an actionCivil Matters — Volume 10 · Source page ٣٣٣
  22. Principle 1702The contract must be performed in accordance with the requirements of good faith and honourable dealing. - The contractor’s obligation is an obligation to achieve a result. His failure to deliver the work in full at the Civil Matters — Volume 10 · Source page ٣٣٣
  23. Principle 1703Mutual cancellation of the contract does not preclude an award of compensation to the contracting party who has suffered damage, unless that is attributable to a fault on his part.Civil Matters — Volume 10 · Source page ٣٣٤
  24. Principle 1704The contracting parties may amend the rules of contractual liability within the limits of the law and public policy. - An insurance policy may include reasonable restrictions on the insured regarding the use and driving Civil Matters — Volume 10 · Source page ٣٣٤
  25. Principle 1705Compensation in contractual liability is confined to foreseeable direct damage, except in the two cases of fraud and gross fault. Loss of the opportunity to benefit from the provisions of Law No. 43 of 1993 cancelling caCivil Matters — Volume 10 · Source page ٣٣٤
  26. Principle 1707The general rule is the contracting parties' freedom to modify contractual liability within the limits of the law and the rules of public policy. - An insurance policy may include reasonable restrictions on the insured cCivil Matters — Volume 10 · Source page ٣٣٤
  27. Principle 1708The obligation of owners of motor vehicles to insure against civil liability is stipulated for the benefit of third parties. The injured person’s right of recourse against the insurer is a direct right derived from the lCivil Matters — Volume 10 · Source page ٣٣٤
  28. Principle 1709Moral damage. Its basis. Inferring its existence and assessing compensation redressing it. A question of fact assessed exclusively by the trial judge. Dispute over this. Factual. Example concerning moral damage arising fCivil Matters — Volume 10 · Source page ٣٣٥
  29. Principle 1710The donor’s obligation to warrant against interference arising from his own act. Its implication. He may not defend against the donee’s action by invoking prescription or disposition of the donee by prescription or dispoCivil Matters — Volume 10 · Source page ٣٣٥
  30. Principle 1711Rules of liability in a marine insurance contract. Conditions for their amendment and restrictions on that amendment. Substantive terms disregarded for abusiveness. Their nature.Civil Matters — Volume 10 · Source page ٣٣٥
  31. Principle 1712The obligation of the insurer and the third party responsible for the accident to compensate the injured person for liability arising from motor vehicle accidents. Their concurrent liability for payment. The differing soCivil Matters — Volume 10 · Source page ٣٣٥
  32. Principle 1714Nullity of the contract as a result of the fault of one contracting party. Its effect. The other contracting party's right to claim compensation. Contribution by the person - 335 - Obligation who suffered damage to the oCivil Matters — Volume 10 · Source page ٣٣٥
  33. Principle 1715The trial judge has authority to interpret contracts and draw such inferences as may be drawn from them. An example of interpreting the clauses contained in an insurance contract. - The driver of the insured vehicle alloCivil Matters — Volume 10 · Source page ٣٣٦
  34. Principle 1716The debtor’s failure to perform the contractual obligation. Fault giving rise to liability. - Establishing the existence of damage warranting compensation and assessing compensation to redress it fall within the authoritCivil Matters — Volume 10 · Source page ٣٣٦
  35. Principle 1717A deposit of money. An irregular deposit unless evidence to the contrary is established. Its difference from a deposit of valuables as regards ownership and its transfer. Effect thereof. The depositary’s obligation to reCivil Matters — Volume 10 · Source page ٣٣٦
  36. Principle 1718The contracting parties may agree in advance on the amount of agreed compensation upon either party's breach of his obligation. Their agreement to this. Its necessary consequence is that the judge may not increase it eveCivil Matters — Volume 10 · Source page ٣٣٦
  37. Principle 1719The insurer and the third party responsible for the accident are liable for the compensation debt, although the source of each one’s obligation differs. The difference in that source for each of them. Its effect. Their cCivil Matters — Volume 10 · Source page ٣٣٧
  38. Principle 1720The injured party’s right of recourse against the insurer. Its nature and source, what suffices in its respect, and what does not affect it. - Compulsory liability insurance for motor vehicle accidents. Its nature.Civil Matters — Volume 10 · Source page ٣٣٧
  39. Principle 1721The contracting parties’ freedom to amend the rules of contractual liability created by their free will, within the limits of the law and the rules of public policy. - The insurer may have recourse against the insured foCivil Matters — Volume 10 · Source page ٣٣٧
  40. Principle 1722Insurance of motor vehicles. Compulsory for the benefit of third parties. The insurer's obligation to cover civil liability arising from material damage and bodily injury from vehicle accidents. The injured party and theCivil Matters — Volume 10 · Source page ٣٣٧
  41. Principle 1723The absence from the law of a provision on the right of recourse of a vehicle driver other than the insured. An example.Civil Matters — Volume 10 · Source page ٣٣٧
  42. Principle 1724Liability insurance need not be confined to the liability of the party contracting with the insurer alone. It may cover the liability of any person who causes the accident specified in the contract, even if the party conCivil Matters — Volume 10 · Source page ٣٣٧
  43. Principle 1725The injured person’s direct recourse against the insurer other than in the case of compulsory insurance against liability arising from motor vehicle accidents. Its condition. The insurance policy must contain a stipulatiCivil Matters — Volume 10 · Source page
  44. Principle 1726The insurer is obliged to compensate for property damage and bodily injury arising from accidents involving insured motor vehicles, whether the vehicle is moving or stationary. An example.Civil Matters — Volume 10 · Source page
  45. Principle 1727The insurer may have recourse against the person liable under the guarantee for bodily injury for the compensation it paid to the injured party for the harmful act, pursuant to the assignment of the right made to it by tCivil Matters — Volume 10 · Source page
  46. Principle 1728The insurer’s liability is determined by the insured accidents and risks governed by the policy terms. - Forfeiture of the insured’s right of recourse against the insurer under the insurance contract. The requisite formaCivil Matters — Volume 10 · Source page
  47. Principle 1729The insured's combining the insurance sum and compensation. Impermissible. - The insured's recourse against the third party responsible for the accident on the basis of tort liability. Impermissible. - The insurer's recoCivil Matters — Volume 10 · Source page
  48. Principle 1730A contract, after its rescission, cannot serve as a basis for compensation. - 338 - Obligation - A penalty clause is not confined to contractual liability. An example.Civil Matters — Volume 10 · Source page
  49. Principle 1731An insurer's recourse action against the liable third party for the compensation it paid to the injured person is not regarded as one of the actions arising from the insurance contract and those based on statutory subrogCivil Matters — Volume 10 · Source page
  50. Principle 1732The insurer's recourse action against the third party responsible for the damage for the compensation it paid to the injured party, and against the insured in the event of breach of the conditions agreed upon in the insuCivil Matters — Volume 10 · Source page
PreviousPage 31 of 73Next