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 1971The court of merits. Its authority to ascertain the true nature of the relationship, elucidate the meaning of agreements, and investigate the common intention of the parties to the litigation from the evidence and facts Civil Matters — Volume 10 · Source page ٣٧١
  2. Principle 1972Interpretation of disputed contracts and instruments. Within the authority of the court of the merits. The condition for this.Civil Matters — Volume 10 · Source page ٣٧١
  3. Principle 1973Ascertaining the facts and interpreting documents and instruments are within the authority of the court of fact. Its condition.Civil Matters — Volume 10 · Source page ٣٧١
  4. Principle 1974Interpretation of instruments and disputed conditions. Its controls. - 371 - ObligationCivil Matters — Volume 10 · Source page ٣٧١
  5. Principle 1975Clarity of the contract's expressions in indicating the contracting parties' intention. Its effect. The trial judge is bound by their apparent meaning without interpretation.Civil Matters — Volume 10 · Source page ٣٧٢
  6. Principle 1976Interpretation of disputed contracts and conditions is within the trial court's authority so long as it does not depart from their apparent meaning. Contravention of this renders the judgment defective. An example of a dCivil Matters — Volume 10 · Source page ٣٧٢
  7. Principle 1977The authority of the court of merits to interpret contracts and instruments and legally characterize them. The restrictions thereon.Civil Matters — Volume 10 · Source page ٣٧٢
  8. Principle 1978Clear contractual wording. It may not be departed from. No weight is given to implication in the face of an express statement. Example.Civil Matters — Volume 10 · Source page ٣٧٢
  9. Principle 1979Invoking for the first time before the Court of Cassation the requirement to interpret the insurance contract as a contract of adhesion is inadmissible.Civil Matters — Volume 10 · Source page ٣٧٢
  10. Principle 1980Interpretation of contracts and disputed terms. Within the authority of the court of merits. Condition therefor.Civil Matters — Volume 10 · Source page ٣٧٢
  11. Principle 1981The insurer's coverage is determined by the accidents and risks insured against and encompassed by the terms of the insurance policy. - Interpretation of contracts and disputed terms is within the authority of the court Civil Matters — Volume 10 · Source page ٣٧٢
  12. Principle 1982Interpreting contracts and instruments to ascertain their contracting parties’ intent falls within the authority of the court of merits. Its condition. - The endower’s words. The criterion for understanding them. ReferriCivil Matters — Volume 10 · Source page ٣٧٢
  13. Principle 1983Interpreting contracts and instruments to ascertain the intent of their contracting parties and drafters. A matter for the court of merits. Departing from the clear wording of the contract is impermissible. An example.Civil Matters — Volume 10 · Source page ٣٧٣
  14. Principle 1984The trial court has absolute authority to interpret contracts and instruments. The condition for this. That its interpretation not depart from what the apparent meaning of the contract's wording permits and that it base Civil Matters — Volume 10 · Source page ٣٧٣
  15. Principle 1985The court of merits has full authority to interpret contracts and ascertain the contracting parties’ true intention. What it must observe in that regard. An example of an erroneous interpretation.Civil Matters — Volume 10 · Source page ٣٧٣
  16. Principle 1986Law No. 35 of 1978 concerning the lease of real estate. Outside its scope of application are contracts containing essential terms uncommon in ordinary leases, or intended for speculation to achieve material profit, or whCivil Matters — Volume 10 · Source page ٣٧٣
  17. Principle 1987The scope of the insurer’s coverage is determined by the limits stipulated in the insurance policy and by what is agreed therein. The court of merits has full authority to ascertain the facts of the case and to interpretCivil Matters — Volume 10 · Source page ٣٧٣
  18. Principle 1988Interpreting and construing contracts and ascertaining the intention of their parties. For the court of merits, which may adopt the meaning conveyed by all their terms taken together, without being bound by the meaning cCivil Matters — Volume 10 · Source page ٣٧٣
  19. Principle 1989The contract is the law of the contracting parties. The effect thereof. Recourse to its provisions in determining each party's rights and obligations towards the other, without departing from its apparent wording, and adCivil Matters — Volume 10 · Source page ٣٧٣
  20. Principle 1990Ascertaining the facts in the action, interpreting contracts, and inferring what it considers most faithful to their contracting parties' intention. Within the authority of the court of merits. Its condition.Civil Matters — Volume 10 · Source page ٣٧٤
  21. Principle 1991Interpreting contracts to ascertain their true intended meaning. A matter of fact. Its condition. - A settlement is a contract open to interpretation like other contracts. Litigants who have finally settled may not renewCivil Matters — Volume 10 · Source page ٣٧٤
  22. Principle 1992Relying on a particular phrase in a contract, legal disposition, or other instruments in isolation from other phrases. Impermissible. The meaning conveyed by all the phrases must be taken into account to identify their tCivil Matters — Volume 10 · Source page ٣٧٤
  23. Principle 1994Interpreting contracts, agreements, and disputed conditions. Within the authority of the court of merits. The condition for this.Civil Matters — Volume 10 · Source page ٣٧٤
  24. Principle 1995Interpreting contracts and instruments to ascertain their parties’ intention. A matter for the court of fact. Clarity of the wording of contracts and instruments. Departure from it by way of interpretation is impermissibCivil Matters — Volume 10 · Source page ٣٧٤
  25. Principle 1996Inferring the existence or absence of an employment relationship, assessing evidence, and interpreting instruments and agreements. Within the authority of the court of merits. The condition thereof. - 374 - ObligationCivil Matters — Volume 10 · Source page ٣٧٤
  26. Principle 1997Interpreting, construing, and characterizing contracts, instruments, and agreements. Within the authority of the court of merits. Its condition.Civil Matters — Volume 10 · Source page ٣٧٥
  27. Principle 1998The court of merits. It has the power to interpret the wording of contracts and disputed terms in the manner it considers most faithful to the intention of their contracting parties, guided by the facts and circumstancesCivil Matters — Volume 10 · Source page ٣٧٥
  28. Principle 1999Ascertaining the meaning of the contract and investigating the contracting parties' common intention. Within the authority of the trial judge. The condition for this.Civil Matters — Volume 10 · Source page ٣٧٥
  29. Principle 2000Interpreting contracts and instruments. Within the authority of the court of merits. Its condition. It must not depart from what the instrument's expressions can bear or distort their true meaning. It must draw assistancCivil Matters — Volume 10 · Source page ٣٧٥
  30. Principle 2001Suretyship is a gratuitous contract. It must be construed narrowly, without extension, and in case of doubt the contract is interpreted in the surety's favor.Civil Matters — Volume 10 · Source page ٣٧٥
  31. Principle 2002Contractual expressions clearly indicating what the common intention intended. The judge must adopt their apparent meaning without needing to interpret them. - Understanding the facts of the case, interpreting contracts,Civil Matters — Volume 10 · Source page ٣٧٥
  32. Principle 2003Interpretation of contractual wording and disputed terms. Within the authority of the judge of merits. Its condition. Example.Civil Matters — Volume 10 · Source page ٣٧٥
  33. Principle 2004Interpretation and construction of contracts. Must accord with the contracting parties’ intention and with the facts and circumstances of the action, without being confined, in interpreting disputed terms, to the meaningCivil Matters — Volume 10 · Source page ٣٧٥
  34. Principle 2006Interpreting contracts and disputed terms and deriving what it considers most faithful to the contracting parties’ intention. Within the trial court’s authority. The condition for this. - Clear wording of instruments andCivil Matters — Volume 10 · Source page ٣٧٦
  35. Principle 2007Interpreting instruments and contracts. Within the authority of the court of merits. The condition for that. - The challenged judgment, affirming the first-instance judgment, concluding that the contract underlying the dCivil Matters — Volume 10 · Source page ٣٧٦
  36. Principle 2008Interpretation of contracts and instruments to ascertain the intention of their contracting parties and drafters. A matter of fact. The condition thereof. The impermissibility of departing from the clear wording of a conCivil Matters — Volume 10 · Source page ٣٧٦
  37. Principle 2009Interpreting contractual formulations and disputed conditions. Within the authority of the judge of merits. Its condition. Example concerning an insurance contract. - 376 - ObligationCivil Matters — Volume 10 · Source page ٣٧٦
  38. Principle 2010Interpreting contracts and instruments to ascertain the intention of their contracting parties and authors. Within the trial court’s authority. The condition for this. - Clear contractual wording may not be departed fromCivil Matters — Volume 10 · Source page ٣٧٧
  39. Principle 2011Interpreting contracts and instruments to ascertain the intention of their contracting parties and authors. Within the trial court’s authority. The condition for this. Where the wording of instruments or contracts is cleCivil Matters — Volume 10 · Source page ٣٧٧
  40. Principle 2012Interpretation of documents, acknowledgments, agreements, stipulations and all other instruments. Within the authority of the court of merits. The condition for this. - The contracting parties' use of a printed form for Civil Matters — Volume 10 · Source page ٣٧٧
  41. Principle 2013Determination of what the contracting parties intended by their contract and assessment of the extent to which it contains essential terms not customary in an ordinary lease. Within the authority of the court of merits, Civil Matters — Volume 10 · Source page ٣٧٧
  42. Principle 2014Ascertaining and understanding the facts of the action and interpreting contracts, instruments, and disputed terms. Within the authority of the trial court without review thereof by the Court of Cassation. The condition Civil Matters — Volume 10 · Source page ٣٧٧
  43. Principle 2015Interpreting contracts. Within the authority of the court of merits. The condition therefor. It is not required to follow the litigants through their various defences, statements, and arguments. The reason therefor.Civil Matters — Volume 10 · Source page
  44. Principle 2016The contract is the law of the contracting parties. The effect thereof. It is the law governing their relationship, and its wording defines its scope and content in light of the contracting parties’ common intention and Civil Matters — Volume 10 · Source page
  45. Principle 2017Interpretation and construction of contracts, inferring the true nature of the relationship between the parties and their intention in the contract, and the extent to which it includes essential conditions unusual in an Civil Matters — Volume 10 · Source page
  46. Principle 2018The court of merits’ ascertainment that the contracting parties’ common intention was that the amount paid was not earnest money permitting either party to withdraw from the contract, which was definitively concluded, anCivil Matters — Volume 10 · Source page
  47. Principle 2019Interpretation of contracts, instruments, and acknowledgments to infer the facts therein. Within the authority of the trial court. The condition for this.Civil Matters — Volume 10 · Source page
  48. Principle 2020Ascertaining and understanding the facts, inferring the existence of fault by the employer that excludes the contractor’s liability for delay in performance, interpreting contracts, documents, and disputed terms, and adoCivil Matters — Volume 10 · Source page
  49. Principle 2021Interpretation of contracts and instruments and the trial court’s inference of what it considers most faithful to their contracting parties’ intent and the disputed terms. Its governing parameters.Civil Matters — Volume 10 · Source page
  50. Principle 2022Interpretation of a contract. No particular phrase is considered in isolation from the other phrases. The reason for this: effect must be given - 378 - Obligation to what those phrases convey in their entirety as an inteCivil Matters — Volume 10 · Source page
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