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. قواعد المسئولية العقدية

    Principle 1733The contracting parties’ freedom to amend the provisions of contractual liability created by their free will, within the limits of the law and rules of public policy. - An insurance policy containing reasonable restrictiCivil Matters — Volume 10 · Source page ٣٣٩
  2. Principle 1734Whether a contracting party is considered in default in performing his obligation. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٣٣٩
  3. Principle 1735Forming an understanding of the facts, assessing evidence, and ascertaining the extent of a contracting party's breach of the obligation giving rise to liability or its extinction. Within the authority of the court of meCivil Matters — Volume 10 · Source page ٣٣٩
  4. Principle 1736Assessing a contracting party's breach of his obligation giving rise to contractual liability, ascertaining the facts of the action, and assessing evidence and experts' work. Within the authority of the court of merits. Civil Matters — Volume 10 · Source page ٣٣٩
  5. Principle 1738The general rule is the contracting parties' freedom to modify the rules of contractual liability. The condition thereof. Observance of the limits of the law and the rules of public order.Civil Matters — Volume 10 · Source page ٣٤٠
  6. Principle 1739The papers containing no evidence of fault by the first respondent that prevented the second appellant’s possession of the chalet. His mere assertion that the assignment contract was invalid for duress and was forged. DoCivil Matters — Volume 10 · Source page ٣٤٠

  7. المسئولية عن استخدام بطاقة الصرف الآلي

    Principle 1741The liability remaining after rescission of the contract is tortious, determined by the contracting between pursuant to a penalty clause concerning the conditions of the contracting party who is entitled to compensation Civil Matters — Volume 10 · Source page ٣٤٠

  8. مسئولية الوكيل

    Principle 1742The appellant bank’s contention that its relationship with the respondent is contractual, governed and regulated by the contract for use of the automated teller machine card, and that the contract provides that the bank Civil Matters — Volume 10 · Source page ٣٤١

  9. مسئولية المحامي

    Principle 1743The agent is obliged to perform the agency for the principal's account within its prescribed limits. The principal's liability towards third parties for the agent's fault within the bounds of the rules of tort liability Civil Matters — Volume 10 · Source page ٣٤١
  10. Principle 1744A lawyer's breach of his professional duties by refraining from providing assistance or advice to his client's adversary. Constitutes professional misconduct, but does not affect the validity of the work he performed forCivil Matters — Volume 10 · Source page ٣٤١
  11. Principle 1745The lawyer's obligation towards his client. An obligation to perform work in which he exercises a degree of care. The general rule concerning this care. - Contractual fault in an obligation to exercise care. Its nature. Civil Matters — Volume 10 · Source page ٣٤١
  12. Principle 1746Contractual fault in an obligation to exercise care. It is the failure to exercise the required care and deviation from the requisite conduct. - A lawyer’s liability arises where his failure to perform his duty results iCivil Matters — Volume 10 · Source page ٣٤٢
  13. Principle 1747Ascertaining or negating contractual fault giving rise to a lawyer's liability toward the client, establishing or failing to establish damage warranting compensation, and whether the injured party contributed through fauCivil Matters — Volume 10 · Source page ٣٤٢
  14. Principle 1748The agency provisions stipulated in the Civil Code. They apply to the relationship between a lawyer and his client insofar as no provision is made in the Law Regulating the Legal Profession. - Agency is a non-binding conCivil Matters — Volume 10 · Source page ٣٤٢
  15. Principle 1749A lawyer’s fault in enforcement acts undertaken for his client. The person against whom enforcement is pursued may not hold him liable therefor, as they are undertaken for the client’s account within the prescribed limitCivil Matters — Volume 10 · Source page ٣٤٢

  16. مسئولية الوكيل بأجر

    Principle 1750A lawyer's liability arises where he is negligent in performing his duty in a manner resulting in the loss of rights or expiry of appeal time limits. If this causes the client to lose an opportunity, even a potential oneCivil Matters — Volume 10 · Source page ٣٤٢

  17. مسئولية الكفيل

    Principle 1751A remunerated agent. Must exercise ordinary care in safeguarding his principal’s interests. Its effect: he is answerable for shortcomings occurring through his act or mere negligence. Assessment thereof. A matter of factCivil Matters — Volume 10 · Source page ٣٤٣

  18. مسئولية المودع لديه

    Principle 1752Multiple guarantors for a single debt subject to Law 41 of 1993 and its amendments. Does not render any of them liable for the entire debt or a guarantor of the rest of his fellow guarantors; the amount of the shortfall Civil Matters — Volume 10 · Source page ٣٤٣

  19. اقتصار أثر العقد على طرفيه وخلفهما العام

    Principle 1753The challenged judgment's conclusion that the compensation action is based on the depositary's breach of his obligation to return the deposit when formally requested to do so. Its subsequent refusal to examine the three-Civil Matters — Volume 10 · Source page ٣٤٣
  20. Principle 1754The effect of the contract. It is confined to its parties. The rights arising from it and the obligations generated by it extend only to its contracting parties and their universal successors. The parties to the contractCivil Matters — Volume 10 · Source page ٣٤٣
  21. Principle 1755The contract. It extends to its contracting parties and their successors and does not impose an obligation upon a third party.Civil Matters — Volume 10 · Source page ٣٤٣
  22. Principle 1756Rights and obligations arising from a contract. Confined to its parties and their universal successors. - 343 - ObligationCivil Matters — Volume 10 · Source page ٣٤٣
  23. Principle 1757The contract. Takes effect in relation to its parties and their successors and creates no obligation incumbent upon third parties.Civil Matters — Volume 10 · Source page ٣٤٤
  24. Principle 1758The effect of a contract is confined to its parties, universal or particular successors, or creditors. Its import. The rights and obligations arising from it extend only to its contracting parties.Civil Matters — Volume 10 · Source page ٣٤٤

  25. الاشتراط لمصلحة الغير

    Principle 1759Contracts confer benefit or cause detriment only upon the contracting parties and their successors. Article 203 Civil Code. - Leasing the insured vehicle to another person who is not a party to the insurance contract. ItCivil Matters — Volume 10 · Source page ٣٤٤
  26. Principle 1760The insurance contract. Its nature. It is a contract under which the insurer undertakes to pay the insured or the beneficiary a sum of money, a periodic income, or any other financial consideration in the event of the ocCivil Matters — Volume 10 · Source page ٣٤٤
  27. Principle 1761The agreement made between the stipulator and the beneficiary governs their relationship in a stipulation for the benefit of a third party. If the agreement is a gift, the beneficiary is not obliged to perform anything fCivil Matters — Volume 10 · Source page ٣٤٤
  28. Principle 1762A person contracting on his own behalf. He may agree with his counterparty that the latter assume certain obligations which he undertakes - 344 - Obligation to perform for a third person (the beneficiary). The latter mayCivil Matters — Volume 10 · Source page ٣٤٤
  29. Principle 1763Interpreting contracts, instruments and stipulations to ascertain the intention of their parties. Within the authority of the court of merits. Its condition. - A judgment ordering the insurance company to pay the insuranCivil Matters — Volume 10 · Source page ٣٤٥
  30. Principle 1764The injured person’s direct recourse against the insurer other than in the case of compulsory insurance. Its condition: the insurance policy must contain a stipulation for the benefit of a third party pursuant to ArticleCivil Matters — Volume 10 · Source page ٣٤٥
  31. Principle 1765Stipulation for the benefit of a third party. What it permits a person when contracting on his own behalf, and what follows therefrom. - The beneficiary of a contract containing a stipulation. May be a person a future peCivil Matters — Volume 10 · Source page ٣٤٥

  32. تكملة أحكام العقد بأحكام القانون الذي ينظمه

    Principle 1766A person contracting on that person's own behalf. That person may agree with the other contracting party that the latter shall assume certain obligations which the latter undertakes to perform for a third party, who is tCivil Matters — Volume 10 · Source page ٣٤٥
  33. Principle 1767The absence from the provisions of the Private Sector Labour Law of a provision governing the accrual of interest on financial entitlements accruing - 345 - Obligation to one party to an employment contract against the oCivil Matters — Volume 10 · Source page ٣٤٥
  34. Principle 1768Contractual liability and tortious liability. The legislature assigned to each provisions independent of the other and defined the scope of each. - The existence of a legal relationship defined as to its parties and scopCivil Matters — Volume 10 · Source page ٣٤٦
  35. Principle 1770Sale with earnest money. The rules governing the obligations of the contracting parties in the event of withdrawal. Rules supplementing their will. Recourse to them is not permissible except in the absence of special rulCivil Matters — Volume 10 · Source page ٣٤٦

  36. خيار العدول عن العقد

    Principle 1772The rules in the Civil Code governing the contracting parties' obligations in the event of withdrawal from a sale. Rules supplementing the contracting parties' intention. The effect thereof. Recourse to them is permissibCivil Matters — Volume 10 · Source page ٣٤٦
  37. Principle 1773The agreement specifying the period during which the option to withdraw is exercised, or custom determining it. Its effect. The right to withdraw must be exercised during it; otherwise, the existence of the contract is cCivil Matters — Volume 10 · Source page ٣٤٧
  38. Principle 1775Payment of an amount from the sale price as earnest money. Its implication. Each contracting party may withdraw from the contract. The payer forfeits it if he withdraws, and the recipient returns double its amount if he Civil Matters — Volume 10 · Source page ٣٤٧

  39. إثبات العقد

    Principle 1776Payment of earnest money upon conclusion of the contract. Its implication. Granting the contracting parties the option to withdraw from the contract. Withdrawal by one contracting party from the contract. Its effect. - ECivil Matters — Volume 10 · Source page ٣٤٧

  40. تكييف العقد

    Principle 1777A private contract is evidence against its parties where it bears signatures that are not denied. The burden of proving that the signature did not reflect an intention to conclude what the contract contained. Upon the siCivil Matters — Volume 10 · Source page ٣٤٧
  41. Principle 1779Legal characterization of contracts. Its criterion. Ascertaining intention. A matter of fact. It may not be disputed before the Court of Cassation. The condition thereof.Civil Matters — Volume 10 · Source page ٣٤٨
  42. Principle 1780Characterization of contracts. The criterion is what the contracting parties intended by them. Ascertaining that. A matter of fact. It is necessary to ascertain the contracting parties’ purpose and what their common inteCivil Matters — Volume 10 · Source page ٣٤٨
  43. Principle 1781Completion of the contract and its being considered binding evidence against both parties. Its condition. It must be signed by both of them with signatures not mentioned.Civil Matters — Volume 10 · Source page
  44. Principle 1782The court of merits has full authority to interpret the contract, understand the parties' intention and give it its correct characterisation, without review by the Court of Cassation, provided that it is reasonable. No rCivil Matters — Volume 10 · Source page
  45. Principle 1784The criterion for characterising a contract. The contracting parties' common intention at the time of its conclusion. Ascertaining it falls within the trial court's authority. The condition thereof. - 348 - ObligationCivil Matters — Volume 10 · Source page
  46. Principle 1785The validity of inferring that the contract does not signify the sale of commercial premises but signifies their lease, provided that inference is reasonable, drawn from the circumstances and surrounding conditions of coCivil Matters — Volume 10 · Source page
  47. Principle 1786Characterizing a contract as a transport commission agency, an ordinary agency, or brokerage. The criterion for this. The authority of the court of merits to characterize the contract and ascertain the common intention oCivil Matters — Volume 10 · Source page
  48. Principle 1787The criterion for characterising a contract. Is what the parties intended by it. Ascertaining this. Within the authority of the court of merits whenever it is sound. An example concerning the margin system.Civil Matters — Volume 10 · Source page
  49. Principle 1788What matters in characterising the relationship between the parties. The actual facts, not the litigants’ description of it.Civil Matters — Volume 10 · Source page
  50. Principle 1789Legal characterisation of a contract. The determining consideration. What the contracting parties intended. Ascertaining this. Within the trial court's authority. Subordination and remuneration. The two essential charactCivil Matters — Volume 10 · Source page
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