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

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    Principle 1914Interpreting contracts and discerning the common intention of the contracting parties. Within the exclusive authority of the court of merits. The condition thereof.Civil Matters — Volume 10 · Source page ٣٦٤
  2. Principle 1915Ascertaining the true nature of the action and discerning the meaning of agreements and evidence. Matters of fact independently determined by the trial court.Civil Matters — Volume 10 · Source page ٣٦٤
  3. Principle 1917Interpreting a contract to ascertain the contracting parties' intent. Within the authority of the court of merits, provided its interpretation is one that its terms can bear and does not depart from their apparent meaninCivil Matters — Volume 10 · Source page ٣٦٤
  4. Principle 1918The judge’s intervention to interpret the contract in the manner considered closest to the contracting parties’ intention and most faithful to its purpose. The criterion for this: when they have not chosen wording expresCivil Matters — Volume 10 · Source page ٣٦٤
  5. Principle 1919The authority of the court of merits to interpret agreements and instruments. Conditional upon not departing from what the wording of the instrument can bear or distorting its true meaning. An example of erroneous interpCivil Matters — Volume 10 · Source page ٣٦٥
  6. Principle 1920Interpreting contracts and disputed terms. Within the authority of the court of merits without review by the Court of Cassation. The condition thereof.Civil Matters — Volume 10 · Source page ٣٦٥
  7. Principle 1921The trial court has authority to interpret contracts and agreements as it considers most faithful to the contracting parties' intention. Its condition. Its interpretation must not depart from the meaning from the meaningCivil Matters — Volume 10 · Source page ٣٦٥
  8. Principle 1922Interpretation of contracts and instruments. Within the authority of the court of merits. Its condition. - Clarity of the terms of contracts and instruments. Its effect. It is impermissible to deviate from them by interpCivil Matters — Volume 10 · Source page ٣٦٥
  9. Principle 1923The court of merits has the authority to interpret contracts to ascertain the intention of their contracting parties whenever the interpretation is one the contract's wording admits and does not depart from its apparent Civil Matters — Volume 10 · Source page ٣٦٥
  10. Principle 1924The court of fact’s authority to interpret contracts. Where it bases its judgment on grounds capable of leading to the conclusion it reached.Civil Matters — Volume 10 · Source page ٣٦٥
  11. Principle 1925Forming an understanding of the facts of the action and interpreting contracts. Within the authority of the court of merits. The condition for this. - 365 - ObligationCivil Matters — Volume 10 · Source page ٣٦٥
  12. Principle 1926Interpreting contracts and deriving what accords with the parties' intention. Within the authority of the court of merits. Its means of doing so and its limitations.Civil Matters — Volume 10 · Source page ٣٦٦
  13. Principle 1927Ascertaining the facts of the case, weighing its evidence, and interpreting contracts and instruments. Within the trial court's authority. The condition thereof.Civil Matters — Volume 10 · Source page ٣٦٦
  14. Principle 1928Ascertaining the true nature of the action, weighing its evidence, adopting such evidence as inspires confidence, and interpreting contracts and instruments. Within the authority of the court of merits. The condition theCivil Matters — Volume 10 · Source page ٣٦٦
  15. Principle 1929Ascertaining and understanding the facts, assessing evidence and indications, understanding presumptions and weighing them against one another, preferring what is found convincing and discarding the rest even if plausiblCivil Matters — Volume 10 · Source page ٣٦٦
  16. Principle 1930Interpretation of contractual wording and disputed terms. Within the power of the judge of the merits, provided that the wording of the contract admits of the meaning adopted.Civil Matters — Volume 10 · Source page ٣٦٦
  17. Principle 1931The insured’s right to compensation. Its forfeiture by agreement or statutory provision. Cases of forfeiture, as an exceptional sanction, may not be interpreted expansively.Civil Matters — Volume 10 · Source page ٣٦٦
  18. Principle 1932Interpretation of disputed contracts and instruments. Within the authority of the court of merits. The condition for that.Civil Matters — Volume 10 · Source page ٣٦٦
  19. Principle 1933A stipulation in the insurance policy granting the insurer the right of recourse against the insured for the amount of compensation it may have paid where the accident occurs as a result of driving the vehicle at a speedCivil Matters — Volume 10 · Source page ٣٦٦
  20. Principle 1936Investigating a litigant’s standing in the action, establishing or negating representation in contracting, and interpreting instruments. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٣٦٧
  21. Principle 1937Ascertaining the facts of the case, interpreting contracts, instruments, acknowledgments, and disputed conditions, and deducing the facts therefrom. Within the authority of the court of merits. It is not obliged to folloCivil Matters — Volume 10 · Source page ٣٦٧
  22. Principle 1938Ascertaining the true relationship connecting the parties to the litigation, discerning the meaning of agreements, and investigating the common intention of their parties. Within the authority of the court of merits, whiCivil Matters — Volume 10 · Source page ٣٦٧
  23. Principle 1939Interpreting and construing contracts and inferring what most faithfully reflects the contracting parties' intention. Within the trial court's authority. What protects its adjudication from contravening the law in this rCivil Matters — Volume 10 · Source page ٣٦٧
  24. Principle 1940The court of merits has full authority to ascertain the facts in the action, to interpret the documents, contracts and other instruments submitted to it, and to infer what it considers most faithful to the intent of theiCivil Matters — Volume 10 · Source page ٣٦٧
  25. Principle 1941Interpreting contracts and ascertaining the true nature of the relationship between their parties. A matter of fact within the exclusive competence of the court of merits. Its condition. - 367 - ObligationCivil Matters — Volume 10 · Source page ٣٦٧
  26. Principle 1942Interpreting the contract and assessing the grounds for rescinding the contract and their sufficiency or insufficiency. Within the authority of the court of fact.Civil Matters — Volume 10 · Source page ٣٦٨
  27. Principle 1943The principle is the contracting parties' freedom to modify the rules of contractual liability. Its criterion. - A provision in an insurance contract excluding the insurance company's liability for compensation if the inCivil Matters — Volume 10 · Source page ٣٦٨
  28. Principle 1944Clarity of the contract's expressions in indicating what the common will intended. Its necessary consequence. They require no interpretation, and the judge must therefore adopt their apparent meaning without deviation.Civil Matters — Volume 10 · Source page ٣٦٨
  29. Principle 1945The insurer's recourse against the insured in the event of breach of reasonable conditions. The relevant clause being general and unrestricted. It encompasses a breach committed by the insured or one of his subordinates.Civil Matters — Volume 10 · Source page ٣٦٨
  30. Principle 1946Interpretation of contracts and instruments in the manner most faithful to their intended purpose. Within the authority of the court of the merits. The condition therefor. No departure from the apparent meaning of the inCivil Matters — Volume 10 · Source page ٣٦٨
  31. Principle 1947Ascertaining the true nature of the action and discerning the meaning of agreements and evidence. Within the trial court’s authority, provided this is reasonable.Civil Matters — Volume 10 · Source page ٣٦٨
  32. Principle 1948The court of merits may interpret contracts to ascertain the intention of their parties so long as its interpretation is reasonable and does not depart from their apparent meaning.Civil Matters — Volume 10 · Source page ٣٦٨
  33. Principle 1949The trial court has authority to interpret contracts and conditions where its interpretation is supported by their wording and does not - 368 - Obligation depart from their apparent meaning. Clarity of the contract's worCivil Matters — Volume 10 · Source page ٣٦٨
  34. Principle 1951The purpose of interpreting a contract consists in seeking the contracting parties’ common intention from the entirety of the facts of the contract and the circumstances of its conclusion, without stopping at the mere meCivil Matters — Volume 10 · Source page ٣٦٩
  35. Principle 1952Interpreting agreements and instruments to ascertain their true intended meaning. Within the trial court’s authority, unless the interpretation departs from what the wording of the instruments admits or distorts their trCivil Matters — Volume 10 · Source page ٣٦٩
  36. Principle 1953Interpretation of the wording of contracts and disputed conditions. Within the authority of the court of merits. Inferring that agreement was reached on the resolutory condition. Independently determined by the court of Civil Matters — Volume 10 · Source page ٣٦٩
  37. Principle 1954Interpretation of contracts and determination of the true relationship between their parties and whether they contain essential terms customary in an ordinary lease. Within the authority of the court of merits, provided Civil Matters — Volume 10 · Source page ٣٦٩
  38. Principle 1955Interpretation of contracts and terms. Within the authority of the trial court, provided that it does not depart from their apparent meaning.Civil Matters — Volume 10 · Source page ٣٦٩
  39. Principle 1956Interpreting contracts and instruments and ascertaining the intention of their contracting parties fall within the authority of the court of merits. The condition therefor. Adopting the meaning of the wording taken as a Civil Matters — Volume 10 · Source page ٣٦٩
  40. Principle 1957The court of merits may ascertain the true nature of the relationship connecting the parties to the litigation from its facts and the evidence submitted therein, to ascertain the meaning of the agreements and investigateCivil Matters — Volume 10 · Source page ٣٧٠
  41. Principle 1958Ascertaining the true nature of the action, interpreting agreements and contracts, assessing evidence, and preferring some evidence over other evidence. Within the authority of the court of merits. Condition thereof.Civil Matters — Volume 10 · Source page ٣٧٠
  42. Principle 1959Understanding the facts of the case and discerning the meaning of agreements in light of the circumstances surrounding their drafting are within the authority of the trial judge, provided this is reasonable.Civil Matters — Volume 10 · Source page ٣٧٠
  43. Principle 1960The trial judge may interpret an approved settlement agreement. The condition thereof. The interpretation must not depart from the apparent meaning of its terms and must adhere to the rule that a waiver contained in a seCivil Matters — Volume 10 · Source page
  44. Principle 1961The criterion in interpreting contracts is to ascertain the common intention of the contracting parties, inferred from the facts of the contract, its nature, the circumstances of its conclusion, and the good faith and hoCivil Matters — Volume 10 · Source page
  45. Principle 1962Interpreting contracts and instruments to ascertain the intention of the contracting parties. Within the authority of the court of merits whenever its interpretation is one the contract's wording admits and does not depaCivil Matters — Volume 10 · Source page
  46. Principle 1965Interpreting contracts and disputed terms. Within the authority of a court of merits. The condition for this. An example concerning interpretation of an arbitration clause. - 370 - ObligationCivil Matters — Volume 10 · Source page
  47. Principle 1966Interpretation of contracts and disputed conditions. Within the authority of the court of merits. - The authority of the court of merits to interpret a suretyship contract. Its restrictions. Interpretation must be narrowCivil Matters — Volume 10 · Source page
  48. Principle 1968The authority of the court of merits to interpret contracts. Its condition. The interpretation must be one that the terms of the contract can bear, without departing from their apparent meaning. Contravention thereof. AnCivil Matters — Volume 10 · Source page
  49. Principle 1969The trial court has authority to interpret contracts, understand the contracting parties' intention and correctly characterise them without being bound by the descriptions the litigants give their agreement. - Warranty pCivil Matters — Volume 10 · Source page
  50. Principle 1970If the terms of instruments or contracts are clear, it is impermissible to deviate from them by interpreting them to ascertain the will of their makers. The court of merits may interpret agreements and instruments to ascCivil Matters — Volume 10 · Source page
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