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 2023Interpretation of contracts and determination of the contracting parties’ intention. Within the authority of the court of merits. Its condition. Example.Civil Matters — Volume 10 · Source page ٣٧٩
  2. Principle 2024Clear contractual wording. It is impermissible to depart from it by interpreting it. The reason for this. Article 193 of the Civil Code. - Interpretation of contracts and instruments to ascertain the intention of their cCivil Matters — Volume 10 · Source page ٣٧٩
  3. Principle 2025The judge must seek the true intention of the contracting parties from the entirety of the facts of the contract and the circumstances of its conclusion, and not stop at the literal meaning of its phrases and words. WhatCivil Matters — Volume 10 · Source page ٣٧٩
  4. Principle 2026Clarity of the contractual expressions in indicating the contracting parties’ intention. Its effect. The judge of merits is bound by their apparent meaning without interpretation. Rationale therefor.Civil Matters — Volume 10 · Source page ٣٧٩
  5. Principle 2027Interpreting contracts, agreements, and other instruments to infer the true facts therein. Within the authority of the court of merits. The condition for this.Civil Matters — Volume 10 · Source page ٣٧٩
  6. Principle 2028The agent contracting with a third party in the principal's name and within the limits of the agency. Its effect. The contract is attributed to the principal as though made by him, so that he directly acquires the rightsCivil Matters — Volume 10 · Source page ٣٧٩
  7. Principle 2029Clarity of the contract's wording in indicating what the contracting parties intended. Its effect. It does not require interpretation. The judge must adopt its apparent meaning without departing from it. The rationale thCivil Matters — Volume 10 · Source page ٣٨٠
  8. Principle 2030Establishing and understanding the facts of the case and interpreting contracts and instruments. For the court of merits. The limit thereof: its interpretation must not depart from the apparent meaning of the disputed coCivil Matters — Volume 10 · Source page ٣٨٠
  9. Principle 2031The meaning of a particular phrase in a contract, legal disposition or other instruments is not to be considered in isolation from the other phrases. The meaning conveyed by the wording as a whole must be adopted. The reCivil Matters — Volume 10 · Source page ٣٨٠
  10. Principle 2032The court of merits has authority to interpret the terms of an instrument as it considers most faithful to the intention of its parties. It is not subject to review where its interpretation is one that its terms can bearCivil Matters — Volume 10 · Source page ٣٨٠
  11. Principle 2033Ascertainment and understanding of the facts of the case, determination of the existence of an employment relationship, investigation of the true relationship between the parties, and interpretation of contracts and instCivil Matters — Volume 10 · Source page ٣٨٠
  12. Principle 2034Interpreting contracts and instruments. Within the authority of the court of merits. Its condition. That it not go beyond what the wording of the instrument permits or distort its true meaning. It must draw on the facts Civil Matters — Volume 10 · Source page ٣٨٠

  13. صورية العقد

    Principle 2035Interpreting contracts and disputed terms. Within the authority of the court of merits. The condition for this. Clarity of the wording of instruments and contracts. It is impermissible to depart from it through interpretCivil Matters — Volume 10 · Source page ٣٨١
  14. Principle 2036A formal mortgage contract. Concurrence of the contracting parties’ intentions, upon its conclusion, that it be simulated. Assessment of evidence of simulation. A matter for the court of merits. It is impermissible to diCivil Matters — Volume 10 · Source page ٣٨١
  15. Principle 2037The purchaser of mortgaged real property. May invoke the simulation of any contract whose subject matter is the property sold. Its effect. Establishment of his standing to bring an action for the nullity of the mortgage.Civil Matters — Volume 10 · Source page ٣٨١
  16. Principle 2038Establishment of the lessor's privilege over movables located on the premises. Its condition. The right thereto must arise from a valid lease. A void or sham contract. It produces no effect.Civil Matters — Volume 10 · Source page ٣٨١
  17. Principle 2039The judgment's substantiation of the simulated nature of the acknowledgment by presumptions that complement one another. It is impermissible to discuss each presumption separately to establish its sufficiency or insufficCivil Matters — Volume 10 · Source page ٣٨١
  18. Principle 2041The evidentiary force of an extrajudicial acknowledgment. Its condition. That the acknowledgment be valid. A simulated acknowledgment. The acknowledging party may prove what contradicts what is established therein. - 381Civil Matters — Volume 10 · Source page ٣٨١
  19. Principle 2042The trial court. It may examine the genuineness of the document submitted in the action provided that this is necessary to decide it and no one has challenged it as a sham. Its inference of its lack of genuineness and itCivil Matters — Volume 10 · Source page ٣٨٢
  20. Principle 2043The court of merits. Its finding that the contract is genuine and not simulated. Disputing that is impermissible where its finding is reasonable and free from error.Civil Matters — Volume 10 · Source page ٣٨٢
  21. Principle 2044Assessing whether a contract is genuine or simulated. Falls within the discretionary authority of the court of merits, without review by the Court of Cassation in this respect. The condition for this.Civil Matters — Volume 10 · Source page ٣٨٢
  22. Principle 2045A third party may rely on the apparent simulated contract if unaware of the existence of the concealed genuine contract. A person contracting with the agent is deemed a third party in relation to the agency contract concCivil Matters — Volume 10 · Source page ٣٨٢
  23. Principle 2046Assessment of evidence and examination of indications, documents, and the sham nature of contracts. Within the authority of the trial court.Civil Matters — Volume 10 · Source page ٣٨٢
  24. Principle 2047Assessment of the sufficiency or insufficiency of evidence of simulation. A matter exclusively for the court of merits.Civil Matters — Volume 10 · Source page ٣٨٢
  25. Principle 2048Assessment of evidence of the genuineness or sham nature of documents. A question of fact. Ascertainment of the contracting parties’ intention. Not a question of fact.Civil Matters — Volume 10 · Source page ٣٨٢
  26. Principle 2049The creditors of the contracting parties and their particular successors may invoke the genuine or simulated contract. Simulation may be proved by all means of proof if they choose to give effect to the genuine contract.Civil Matters — Volume 10 · Source page ٣٨٢
  27. Principle 2050The applicability of the true contract between the contracting parties and their universal successors. Its condition. - 382 - Obligation - The concealed contract between the contracting parties in circumvention of the laCivil Matters — Volume 10 · Source page ٣٨٢
  28. Principle 2051Simulation. Applies only to contracts, and the general rule therein is that reality, rather than appearance, must be given effect.Civil Matters — Volume 10 · Source page ٣٨٣
  29. Principle 2052Simulation of a contract. What is required for it to exist. - Contracts must be respected according to what is recorded in them unless otherwise proven.Civil Matters — Volume 10 · Source page ٣٨٣
  30. Principle 2053Assessment of whether a contract is genuine or simulated. A matter of fact within the exclusive competence of the court of merits, provided its inference is reasonable.Civil Matters — Volume 10 · Source page ٣٨٣
  31. Principle 2054Permissibility of proving simulation between contracting parties by all means of proof. Limited to the contracting party against whose interest the fraud was committed. The reason for this. Fraud committed to the detrimeCivil Matters — Volume 10 · Source page ٣٨٣
  32. Principle 2056Absolute simulation. Its nature. - Absolute simulation of a sale contract. Its effect. Ownership of the property sold does not transfer even if it is registered. The reason for that. - Assessing the existence of simulatiCivil Matters — Volume 10 · Source page ٣٨٣
  33. Principle 2057The court's obligation to examine a challenge alleging absolute simulation. Its condition: that its meaning be explicit in treating the apparent contract as having no existence in reality. Merely alleging fraud and colluCivil Matters — Volume 10 · Source page ٣٨٣
  34. Principle 2058Simulation. Its nature. - Absolute simulation of a sale contract. Its effect. Its nullity and the failure of ownership to pass to the purchaser, even if the contract is registered. The reason therefor. - 383 - ObligationCivil Matters — Volume 10 · Source page ٣٨٣
  35. Principle 2059Registration of the contract. Does not preclude challenging it on grounds of simulation and nullity. - Assessing evidence of simulation and establishing the elements of fraud from the presumptions and evidence in the actCivil Matters — Volume 10 · Source page ٣٨٤
  36. Principle 2060Inferring simulation from its evidence. Independently undertaken by the judge of merits. - A state of death-illness. Conditions for its existence. - The challenged judgment’s inference that the assignment by the predecesCivil Matters — Volume 10 · Source page ٣٨٤
  37. Principle 2061Simulation. Its nature: an agreement between two parties to undertake an apparent, unreal disposition concealing the true relationship between them. As between the contracting parties and their universal successors, regaCivil Matters — Volume 10 · Source page ٣٨٤
  38. Principle 2062Discussing the opposing party's rights arising from the contract. A bar to claiming that it is an absolute sham. The reason thereof. Example.Civil Matters — Volume 10 · Source page ٣٨٥
  39. Principle 2063Assessment of the existence or absence of simulation. Independently determined by the court of merits because it relates to ascertaining the facts in the action and to its authority to draw inferences, examine the indicaCivil Matters — Volume 10 · Source page ٣٨٥
  40. Principle 2064A challenge alleging absolute simulation. It must be explicit in its meaning that the apparent contract has no existence in reality. A challenge alleging collusion and deception. Does not convey this. - A registered contCivil Matters — Volume 10 · Source page ٣٨٥
  41. Principle 2065The true contract. Its concealment by an apparent contract. The true contract is effective between the contracting parties and universal successors. The condition for this. Proof by the party invoking the concealed contrCivil Matters — Volume 10 · Source page ٣٨٥
  42. Principle 2066Challenge on grounds of simulation. The adjudication thereof may not be based on the terms of the challenged contract. The reason for this. It entails assuming the matter to be proved and judging the evidence before inveCivil Matters — Volume 10 · Source page ٣٨٥
  43. Principle 2067Ascertaining the facts of the action, assessing the evidence relied upon to establish or negate simulation, and drawing inferences. Within the authority of the court of merits where its inference logically leads to the cCivil Matters — Volume 10 · Source page
  44. Principle 2068Assessing the existence of simulation. Within the authority of the court of merits because it concerns understanding the facts of the action. - Permissibility, as between contracting parties, of proving by all means of eCivil Matters — Volume 10 · Source page
  45. Principle 2069A written contract. Neither contracting party may prove its sham nature except in writing. An example concerning a written khulʿ divorce agreement.Civil Matters — Volume 10 · Source page
  46. Principle 2071Simulation. Its nature: the contract does not exist at all in the intention of the contracting parties. The consequence thereof: a simulated contract produces no effect and does not transfer ownership of the thing sold tCivil Matters — Volume 10 · Source page
  47. Principle 2072Simulation of a disposition or its cause between the contracting parties. It is proved in accordance with the general rules. Its import. They may not prove the simulated nature of a contract established in writing otherwCivil Matters — Volume 10 · Source page
  48. Principle 2074Inferring simulation and assessing the extent of the evidentiary force of an extrajudicial acknowledgment. Within the authority of the court of merits. The condition for this. - Simulation is the parties' agreement to unCivil Matters — Volume 10 · Source page
  49. Principle 2075The court’s obligation to examine a challenge based on absolute simulation. Its condition: that its meaning be explicit in treating the apparent contract as having no existence in reality. Merely alleging fraud and colluCivil Matters — Volume 10 · Source page
  50. Principle 2076The sham nature of a contract evidenced in writing. It may not be proved between the contracting parties unless the contracting party alleges circumvention of the law with the intention of harming him. Registration of thCivil Matters — Volume 10 · Source page
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