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. تكييف العقد

    Principle 1790An employment contract. Specification of its term while permitting either party to terminate it unilaterally before expiry of its term. Treating it as a contract of indefinite duration. No error.Civil Matters — Volume 10 · Source page ٣٤٩
  2. Principle 1791Characterisation of the contract and ascertainment of the contracting parties' intention. Within the authority of the court of merits to state in its judgment the considerations upon which it relied and for those consideCivil Matters — Volume 10 · Source page ٣٤٩
  3. Principle 1792Characterizing instruments and applying the rule of law to them. Within the authority of the court of merits. Under the review of the Court of Cassation.Civil Matters — Volume 10 · Source page ٣٤٩
  4. Principle 1793The criterion for characterizing a contract is the parties' common intention. Ascertaining that intention. Within the authority of the court of merits where it bases its ruling on reasonable grounds. - 349 - ObligationCivil Matters — Volume 10 · Source page ٣٤٩
  5. Principle 1794The criterion for characterizing a contract is the common intention of the contracting parties. Identifying that intention. Within the trial court's authority.Civil Matters — Volume 10 · Source page ٣٥٠
  6. Principle 1795Ascertaining the true nature of the action and characterizing it, interpreting instruments and contracts in the manner most faithful to their parties’ intention, and giving the relationship between the parties its correcCivil Matters — Volume 10 · Source page ٣٥٠
  7. Principle 1796Interpreting contractual wording and giving contracts their correct legal characterization. Within the trial court’s authority.Civil Matters — Volume 10 · Source page ٣٥٠
  8. Principle 1797What matters in characterising a contract is the common intention of its parties. Inferring that intention. Within the authority of the court of merits, which may, in doing so, assess the evidence and adopt one conclusioCivil Matters — Volume 10 · Source page ٣٥٠
  9. Principle 1798Characterisation of the contract. The criterion therefor. - Interpretation of documents, contracts, and all other instruments and their correct legal characterisation. Within the trial court’s power. The condition for thCivil Matters — Volume 10 · Source page ٣٥٠
  10. Principle 1800Ascertaining the intention of the contracting parties. A matter of fact. - The correct legal characterization of the contract. A question of law subject to review by the Court of Cassation.Civil Matters — Volume 10 · Source page ٣٥٠
  11. Principle 1801Characterizing the contract, ascertaining its true purpose, and determining the parties’ rights. The criterion therefor.Civil Matters — Volume 10 · Source page ٣٥٠
  12. Principle 1802Legal characterization of contracts. What matters therein. The actual facts and the common intention. Establishing that intention. Within the authority of the court of merits. - 350 - ObligationCivil Matters — Volume 10 · Source page ٣٥٠
  13. Principle 1803Legal characterization of contracts. Its criterion. What the contracting parties intended by them. Ascertaining this. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٣٥١
  14. Principle 1804The criterion for characterizing the contract and whether it is a commission agency or a contracts agency is the contracting parties' common intention at the time of contracting.Civil Matters — Volume 10 · Source page ٣٥١
  15. Principle 1805What matters in characterizing contracts is what the contracting parties intended. Identifying that is within the trial court's authority. The condition thereof.Civil Matters — Volume 10 · Source page ٣٥١
  16. Principle 1806Characterization of contracts and application of the rule of law to them. Within the authority of the court of the merits under the supervision of the Court of Tamyir.Civil Matters — Volume 10 · Source page ٣٥١
  17. Principle 1808The criterion for characterizing contracts and giving them their correct legal description is what the contracting parties intended. Inferring this intention. Within the trial court’s authority, provided the inference isCivil Matters — Volume 10 · Source page ٣٥١
  18. Principle 1809The criterion for characterising the contract, identifying its true purpose and determining the rights of the parties. What the contracting parties intended. Correct legal characterisation. A question of law subject to rCivil Matters — Volume 10 · Source page ٣٥١
  19. Principle 1810The criterion for characterising an employment contract and distinguishing it from other contracts is the presence of the elements of remuneration and subordination. - The criterion for the existence of a partnership conCivil Matters — Volume 10 · Source page ٣٥١
  20. Principle 1811Characterization of the contract. What matters therein. What the contracting parties intended. Ascertaining this. Within the authority of the trial court. - 351 - ObligationCivil Matters — Volume 10 · Source page ٣٥١
  21. Principle 1813Characterizing an employment contract. The criterion therefor. The presence of the two elements of subordination and remuneration. Remuneration may be determined as a share of profits.Civil Matters — Volume 10 · Source page ٣٥٢
  22. Principle 1814The criterion for legally characterizing the contract and ascertaining its true purpose. What the contracting parties intended.Civil Matters — Volume 10 · Source page ٣٥٢
  23. Principle 1815Legal characterization of contracts. The determining consideration therein. - Interpretation of the contract. Its parameters. - Ascertaining the contracting parties’ intention. Within the authority of the court of meritsCivil Matters — Volume 10 · Source page ٣٥٢
  24. Principle 1816The common intention intended by the contracting parties at the time of concluding the agreement is the criterion for characterizing contracts and giving them their correct legal description. Ascertaining that intention.Civil Matters — Volume 10 · Source page ٣٥٢
  25. Principle 1817The criterion for characterising an employment contract and distinguishing it from other contracts is the presence of the two elements of remuneration and subordination.Civil Matters — Volume 10 · Source page ٣٥٢
  26. Principle 1818The common intent to which the contracting parties' intention was directed at the time of concluding the agreement is the criterion for characterizing contracts. The court of merits has authority to ascertain this intentCivil Matters — Volume 10 · Source page ٣٥٢
  27. Principle 1819The common purpose intended by the contracting parties at the time the agreement was concluded is the criterion for characterizing contracts. The court of merits has the authority to ascertain this purpose.Civil Matters — Volume 10 · Source page ٣٥٢
  28. Principle 1820Characterisation of contracts. What matters is what the contracting parties intended. Ascertaining that intention. Within the authority of the court of fact. That intention may not be debated before the Court of CassatioCivil Matters — Volume 10 · Source page ٣٥٢
  29. Principle 1822The judgment's characterisation of the disputed contract as an administrative contract, with no challenge to that characterisation on any ground. Its effect. The judgment becomes final and may not be disturbed. This is nCivil Matters — Volume 10 · Source page ٣٥٣
  30. Principle 1823The agreement that the first respondent undertake distribution of the products of the company, her principal, and that the agreement renew automatically. A commodity distribution contract according to its correct charactCivil Matters — Volume 10 · Source page ٣٥٣
  31. Principle 1824Ascertaining the true nature of the relationship connecting the litigants and inferring the intention of the contracting parties and what their agreement encompassed. A matter of fact.Civil Matters — Volume 10 · Source page ٣٥٣
  32. Principle 1825Characterising whether a sale is a sale of a business or a sale of some of its non-essential elements. A question of law. Subject to review by the Court of Cassation.Civil Matters — Volume 10 · Source page ٣٥٣
  33. Principle 1826Ascertaining whether the contract linking the parties is a brokerage contract or a partnership contract. A matter of merits. The basis and condition for this. - Characterization of contracts. Its nature: stating the contCivil Matters — Volume 10 · Source page ٣٥٣
  34. Principle 1827Characterizing the contract, ascertaining its true nature and purpose, and determining the rights of its parties. What matters is the actual reality and the common intention to which their wills were directed, without beCivil Matters — Volume 10 · Source page ٣٥٣
  35. Principle 1828Characterizing contracts and giving them their correct legal description. Its criterion. The common intent to which the contracting parties' intention was directed at the time of concluding the agreement. Ascertaining thCivil Matters — Volume 10 · Source page ٣٥٣
  36. Principle 1829The common purpose intended by the contracting parties at the time of agreement. It is the criterion for characterizing contracts and giving them their correct legal description. Ascertaining it and inferring the contracCivil Matters — Volume 10 · Source page ٣٥٤
  37. Principle 1830Interpretation of instruments and contracts. Within the authority of the court of fact. The condition for this. - The challenged judgment, affirming the first-instance judgment, concluding that the contract forming the bCivil Matters — Volume 10 · Source page ٣٥٤
  38. Principle 1831Characterization of contracts and giving them their correct legal description. The criterion: the common purpose intended by the contracting parties at the time of their conclusion. The court of merits may ascertain it aCivil Matters — Volume 10 · Source page ٣٥٤
  39. Principle 1832The criterion for characterizing contracts and giving them their correct legal description is the common purpose intended by the contracting parties at the time of concluding the agreement. The court of merits may identiCivil Matters — Volume 10 · Source page ٣٥٤
  40. Principle 1835Ascertaining what the contracting parties meant by the contract. Within the authority of the court of merits. Its derivation of the correct legal characterization of what the parties intended and application of the legalCivil Matters — Volume 10 · Source page ٣٥٥
  41. Principle 1836Characterizing and interpreting contracts and giving them their correct legal description. Its criterion. The common intention to which the contracting parties' will was directed when concluding the agreement. IdentifyinCivil Matters — Volume 10 · Source page ٣٥٥
  42. Principle 1837The correct legal characterization of the contracting parties’ intention and application of the rule of law to the contract. A question of law subject to the supervision of the Court of Cassation.Civil Matters — Volume 10 · Source page ٣٥٥
  43. Principle 1838The criterion for characterizing contracts: the common purpose intended by the contracting parties when concluding the contract. The trial court may ascertain this purpose from the circumstances and particulars of the caCivil Matters — Volume 10 · Source page
  44. Principle 1839Characterisation of contracts. Its criterion: the common purpose towards which the contracting parties' intention was directed at the time of concluding the contract. Identification of this purpose. Within the authority Civil Matters — Volume 10 · Source page
  45. Principle 1840Interpretation of contracts. Within the trial court’s power. It may depart from the apparent meaning of the wording of the contract or clause. The condition for this: it must state in its judgment the reasons for its depCivil Matters — Volume 10 · Source page
  46. Principle 1841Interpretation of agreements and instruments to ascertain their true intent. Within the authority of the trial court. It may - 355 - Obligation ascertain the meaning intended by the parties, guided in each action by the Civil Matters — Volume 10 · Source page
  47. Principle 1842Interpretation of contracts to ascertain the contracting parties' intent. Within the authority of the trial court. The condition for this.Civil Matters — Volume 10 · Source page
  48. Principle 1843Interpretation of contracts, documents and disputed terms. Within the authority of the court of merits. The condition therefor.Civil Matters — Volume 10 · Source page
  49. Principle 1845Interpretation of contracts to identify the contracting parties' intention. A matter for the merits. The condition for this. - The judgment's consideration of the contracting parties' silence regarding determination of aCivil Matters — Volume 10 · Source page
  50. Principle 1849Interpretation of contracts and instruments to ascertain the contracting parties’ intention. A matter of fact. Condition therefor. Example.Civil Matters — Volume 10 · Source page
PreviousPage 33 of 73Next