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. تفسير العقد

    Principle 1851Ascertaining the contracting parties' intention from the circumstances and attendant circumstances of the action. A matter of fact. - 356 - Obligation - Assessing whether the amount paid initially is part of the price atCivil Matters — Volume 10 · Source page ٣٥٦
  2. Principle 1853Clarity of the wording of the instrument. Its effect. It is impermissible to depart from it through interpretation. The reason therefor.Civil Matters — Volume 10 · Source page ٣٥٧
  3. Principle 1854Ascertaining the true nature of the action from its facts and the evidence submitted therein. For the judge of merits. The judge may ascertain the meaning of agreements and stipulations and investigate the common intentiCivil Matters — Volume 10 · Source page ٣٥٧
  4. Principle 1855Interpretation of contracts and documents. A matter for the court of merits. The judgment’s reliance, in its ruling, on the apparent meaning of the wording of the discharge. This does not vitiate it.Civil Matters — Volume 10 · Source page ٣٥٧
  5. Principle 1856Assessing whether one contracting party deceived the other contracting party. A matter of fact. The condition thereof. Its subsequent failure to grant a request to appoint an expert to ascertain the existence of gross frCivil Matters — Volume 10 · Source page ٣٥٧
  6. Principle 1857Interpretation of agreements and instruments. Within the authority of the court of fact. It may depart from the apparent meaning of the wording of the phrases written in the instrument. The condition thereof.Civil Matters — Volume 10 · Source page ٣٥٧
  7. Principle 1858Interpreting and construing contracts and inferring their contracting parties' intention. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٣٥٧
  8. Principle 1859Interpreting contracts and instruments to ascertain the intention of their parties. Within the authority of the court of merits, provided that the interpretation is one their wording admits and does not depart from its aCivil Matters — Volume 10 · Source page ٣٥٧
  9. Principle 1860Interpretation of contracts. Within the authority of the trial judge, without review by the Court of Cassation, so long as the judge does not depart from what their wording admits or go beyond their apparent meaning.Civil Matters — Volume 10 · Source page ٣٥٨
  10. Principle 1861The authority of the court of merits to interpret contracts and understand the intention of their contracting parties. It may depart from their apparent meaning. The condition for this.Civil Matters — Volume 10 · Source page ٣٥٨
  11. Principle 1862The Court of Appeal may derive the correct interpretation of the contract even if it differs from that derived by the first-instance judgment, without being obliged to respond to its reasons.Civil Matters — Volume 10 · Source page ٣٥٨
  12. Principle 1863The authority of the court of merits to interpret contracts and instruments without departing from their apparent meaning taken as a whole.Civil Matters — Volume 10 · Source page ٣٥٨
  13. Principle 1864The court of merits ascertaining the contracting parties' intention and the direction of their common will, tracing it to its foundations in indications and supporting grounds, and applying the rule of law to it. Some ofCivil Matters — Volume 10 · Source page ٣٥٨
  14. Principle 1865The trial court may ascertain the contracting parties' intention without review thereof. The condition thereof.Civil Matters — Volume 10 · Source page ٣٥٨
  15. Principle 1866The general rules for interpreting a contract. Their application to a contract of sale. When the common intention of the contracting parties must be sought without stopping at the literal meaning of the words. - 358 - ObCivil Matters — Volume 10 · Source page ٣٥٨
  16. Principle 1867Interpreting agreements and instruments and ascertaining the parties’ intention. Within the trial court’s authority.Civil Matters — Volume 10 · Source page ٣٥٩
  17. Principle 1869The authority of the court of merits to interpret contracts, instruments and disputed conditions as it considers most faithful to the intention of their parties, without review by the Court of Cassation. The condition foCivil Matters — Volume 10 · Source page ٣٥٩
  18. Principle 1870Interpretation and legal characterization of contracts and instruments. Within the authority of the court of merits. It may draw upon the facts and circumstances of the case for that purpose.Civil Matters — Volume 10 · Source page ٣٥٩
  19. Principle 1871Interpreting contracts and ascertaining the common intention of the contracting parties. Within the authority of the court of merits. The condition for this.Civil Matters — Volume 10 · Source page ٣٥٩
  20. Principle 1873Interpretation and construction of the contract. Within the authority of the court of merits, provided it does not depart from its wording as a whole and contravene what the contracting parties intended by it. ContraventCivil Matters — Volume 10 · Source page ٣٥٩
  21. Principle 1874Ascertaining the intention of the contracting parties. Within the authority of the court of merits, provided it is reasonable.Civil Matters — Volume 10 · Source page ٣٦٠
  22. Principle 1876Interpretation of the contract. Within the trial court's authority. The apparent meaning established therein must be given effect. Departure from that apparent meaning is permissible only if grounds for such departure arCivil Matters — Volume 10 · Source page ٣٦٠
  23. Principle 1878Assessment of indications and presumptions in the action and interpretation and characterization of contracts are within the authority of the court of merits, provided they are reasonable.Civil Matters — Volume 10 · Source page ٣٦٠
  24. Principle 1880The apparent meaning of an instrument's wording must be adopted when interpreting it. Departure from this apparent meaning is not permissible. Unless grounds calling for it are established.Civil Matters — Volume 10 · Source page ٣٦٠
  25. Principle 1881Departure from the clear wording of a contract. In principle, impermissible. If the court of fact considers departing from the clear meaning. It must state reasonable grounds for that departure in its judgment.Civil Matters — Volume 10 · Source page ٣٦٠
  26. Principle 1882Interpretation of a contract. Within the authority of the court of merits, provided it does not rely on the meaning of one phrase to the exclusion of others. It must take account of the meaning conveyed by its terms as aCivil Matters — Volume 10 · Source page ٣٦٠
  27. Principle 1883Ascertaining the facts of the case and determining the meaning of agreements in light of the circumstances of their drafting. Within the authority of the judge of merits. - 360 - ObligationCivil Matters — Volume 10 · Source page ٣٦٠
  28. Principle 1884Interpretation of contracts and instruments. Within the authority of the court of fact. The contracting parties’ clear wording; the condition for departing from it. Rules of interpretation.Civil Matters — Volume 10 · Source page ٣٦١
  29. Principle 1885Interpretation of contracts and instruments. Within the authority of the trial court without review thereof. The condition for this.Civil Matters — Volume 10 · Source page ٣٦١
  30. Principle 1887Assessment of the proofs and indications submitted in the action, weighing them against one another, preferring what inspires confidence and rejecting the remainder. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٣٦١
  31. Principle 1889Interpretation of contracts and ascertainment of the intention of their parties. A matter of fact within the independent purview of the court of merits.Civil Matters — Volume 10 · Source page ٣٦١
  32. Principle 1891Interpreting contracts, documents, and disputed terms, and assessing whether a contracting party made a mistake or negating that. A matter of fact independently determined by the trial judge. The condition for that. BasiCivil Matters — Volume 10 · Source page ٣٦١
  33. Principle 1892Identifying the meaning of a contract. Within the trial court's authority. So long as the considerations on which it relied are sound.Civil Matters — Volume 10 · Source page ٣٦١
  34. Principle 1893Interpretation of agreements and instruments to ascertain their true purpose. Within the authority of the court of the merits. - 361 - ObligationCivil Matters — Volume 10 · Source page ٣٦١
  35. Principle 1894Interpretation of the contract. Within the trial court’s authority where the contract’s wording admits the meaning it has derived.Civil Matters — Volume 10 · Source page ٣٦٢
  36. Principle 1895Identification of the true nature of the action and ascertainment of the meaning of contracts. Within the authority of the court of merits. So long as it is reasonable.Civil Matters — Volume 10 · Source page ٣٦٢
  37. Principle 1896Interpretation of contracts and ascertainment of the contracting parties’ common intention. Within the authority of the court of merits. Example concerning making entitlement to a claimed amount subject to a condition prCivil Matters — Volume 10 · Source page ٣٦٢
  38. Principle 1897Interpreting contracts and instruments in the manner that most fully reflects the intention of the persons concerned therein is within the authority of the court of fact without review. By the Court of Cassation thereof.Civil Matters — Volume 10 · Source page ٣٦٢
  39. Principle 1898A provision in an insurance contract excluding the insurance company's liability for compensation if the insured violates a condition therein prohibiting exceeding the speed limit permitted by the Traffic Department. ThiCivil Matters — Volume 10 · Source page ٣٦٢
  40. Principle 1899The authority of the court of merits to interpret and characterize contracts. Its limitations. Not departing from the contract's expressions taken as a whole or contravening the parties' intention. An example of contraveCivil Matters — Volume 10 · Source page ٣٦٢
  41. Principle 1900Interpretation of contracts and conditions. Within the trial court's authority. So long as it does not depart from their apparent meaning.Civil Matters — Volume 10 · Source page ٣٦٢
  42. Principle 1901Interpretation of contracts and documents. Within the authority of the court of merits. The condition thereof. That it be reasonable and that the court adopt what the expressions of the instrument, taken as a whole, convCivil Matters — Volume 10 · Source page ٣٦٢
  43. Principle 1903Interpretation of contracts and the disputed conditions they contain. Within the authority of the trial judge.Civil Matters — Volume 10 · Source page
  44. Principle 1904The trial court may interpret contracts and documents and ascertain the intention of their parties, provided its interpretation is reasonable and does not depart from the meaning admitted by the contract’s wording or go Civil Matters — Volume 10 · Source page
  45. Principle 1905The authority of the court of merits to interpret contracts and instruments. The limitations on this. Example of a defective interpretation of a marine insurance policy.Civil Matters — Volume 10 · Source page
  46. Principle 1906Interpretation of a contract. Necessity of not relying on the meaning of a particular expression in isolation from others, but rather adopting what the expressions convey as a whole. Rationale therefor.Civil Matters — Volume 10 · Source page
  47. Principle 1909Interpretation of contracts and instruments. Within the authority of the trial court without review thereof by the Court of Cassation. The condition for this.Civil Matters — Volume 10 · Source page
  48. Principle 1910Ascertaining and understanding the facts, interpreting and construing contracts, and ascertaining the contracting parties’ intent. Within the authority of the court of merits. The condition therefor. - 363 - ObligationCivil Matters — Volume 10 · Source page
  49. Principle 1912Interpreting instruments in light of the circumstances of the action and the litigants’ conduct. Within the authority of the court of merits. Its condition.Civil Matters — Volume 10 · Source page
  50. Principle 1913Ascertaining the true nature of the action and discerning the meaning and true nature of the contract and the common intention of the contracting parties. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page
PreviousPage 34 of 73Next