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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  1. تسجيل عقد بيع العقار

    Principle 2138Real property ownership actions are actions claiming title. They must be registered. - The right of inheritance. Its registration is not a condition for the transfer of real property rights in rem to the heirs. The ratioCivil Matters — Volume 10 · Source page ٣٩٨
  2. Principle 2140Every right in rem over immovable property, whether a principal right in rem such as ownership or an accessory right in rem such as a registered mortgage, is considered immovable property. These rights in rem over immovaCivil Matters — Volume 10 · Source page ٣٩٩
  3. Principle 2141Ownership of real property. Its transfer by registration, whether between the contracting parties or in relation to third parties. The basis thereof. Article 7 of the Real Estate Registration Law. Non-completion of regisCivil Matters — Volume 10 · Source page ٣٩٩
  4. Principle 2142The final contract, not the preliminary contract, is that by which relations between the parties become settled. It alone becomes the law of the contracting parties from the date of its conclusion. The final sale contracCivil Matters — Volume 10 · Source page ٣٩٩
  5. Principle 2143The invalidity of the agreement in a sale with a right of redemption attaches to the contract from its inception merely by the seller reserving his right to recover the sold property in return for refunding the price to Civil Matters — Volume 10 · Source page ٤٠٠
  6. Principle 2144A disposition may be challenged on grounds of simulation or ineffectiveness even if registered. The reason for this.Civil Matters — Volume 10 · Source page ٤٠٠
  7. Principle 2145Expropriation for public benefit. An in rem procedure directed at the property itself regardless of its owner's name. Its consequence. The property is removed from the sphere of dealings upon the issuance and publicationCivil Matters — Volume 10 · Source page ٤٠٠
  8. Principle 2146Granting a licence to use chalets. Its condition. The beneficiary must register his application during the period from 2/1/1985 to 31/3/1985 for chalets erected before the first of January 1985. Licensees may request subCivil Matters — Volume 10 · Source page ٤٠٠
  9. Principle 2147Mesne profits constitute compensation to the owner of usurped immovable property for the fruits of which the owner was deprived. The obligation of the perpetrator of the unlawful act of usurpation to pay mesne profits. ICivil Matters — Volume 10 · Source page ٤٠٠

  10. تسجيل قرار نزع الملكية

    Principle 2148Priority of a registered contract over an unregistered contract. Proof of collusion between the parties to deprive the first purchaser does not alter it. Knowledge of the prior sale by the second purchaser who registeredCivil Matters — Volume 10 · Source page ٤٠١
  11. Principle 2149A decision of public expropriation before the issuance of Registration Law 5/1959. Its registration is not required for ownership to pass to the State. The procedures necessary for this. Delaying registration until afterCivil Matters — Volume 10 · Source page ٤٠١
  12. Principle 2150Expropriation for public benefit. An in rem procedure. Its effect. Removal of the property from the sphere of dealings as soon as the expropriation decision is issued and the real estate registration authority is notifieCivil Matters — Volume 10 · Source page ٤٠١
  13. Principle 2151The legislature surrounded expropriation procedures with sufficient safeguards serving the public interest and preserving the rights of the owners of properties subject to those procedures. Property valuation takes placeCivil Matters — Volume 10 · Source page ٤٠١

  14. تسجيل عقد الهبة

    Principle 2152Compensation assessed for expropriated real property. It must be paid to the owners and holders of rights. - Contracts creating and transferring principal rights in rem over real property, including ownership. They remaiCivil Matters — Volume 10 · Source page ٤٠١
  15. Principle 2153Assessment of possession of the gifted real property and the exercise of possession over it. Within the authority of the court of merits. Its condition. - A gift contract whose date was authenticated before the notary puCivil Matters — Volume 10 · Source page ٤٠٢
  16. Principle 2154Ownership of immovable property. Does not pass, whether between the contracting parties or as regards third parties, except by registration. Article 7 of Decree 5 of 1959. - Registration of a gift contract. Revocation thCivil Matters — Volume 10 · Source page ٤٠٢
  17. Principle 2155Gift contract. Establishment of its date before the notary prior to the entry into force of Real Estate Registration Law No. 5 of 1959. Its implication. Its treatment as an instrument admissible to prove the root of titlCivil Matters — Volume 10 · Source page ٤٠٢

  18. تسجيل الحكم الصادر بفسخ عقد بيع العقار

    Principle 2156Registration of the gift contract does not preclude asserting that it conceals a testamentary disposition. Registration of the judgment rescinding a contract for the sale of real property:Civil Matters — Volume 10 · Source page ٤٠٢

  19. انتقال ملكية المبيع في مجلة الأحكام العدلية - لا يشترط فيها التسجيل

    Principle 2157A final judgment rescinding a registered contract. Its effect in extinguishing ownership. Its condition. Its registration, even if it has acquired the force of res judicata. Article 7 of Decree-Law 5 of 1959 concerning rCivil Matters — Volume 10 · Source page ٤٠٢
  20. Principle 2158Action for the validity and enforceability of a sale contract. Ultimately an ownership action. The reason for this. Upon registration of the judgment rendered therein, it results in the claimant's entitlement to ownershiCivil Matters — Volume 10 · Source page ٤٠٣

  21. تسجيل الحقوق العينية العقارية التبعية والأحكام النهائية المثبتة لذلك

    Principle 2159Ownership of the thing sold. Under the provisions of the Majalla of Judicial Rules. Transfers by the mere contract. Registration of accessory real property rights in rem and final judgments establishing them:Civil Matters — Volume 10 · Source page ٤٠٣
  22. Principle 2160A judgment issued by the Personal Status Court correcting a clerical error in a registered gift contract. Its effect relates back to the date of registration of the gift. The judgment is not considered among judgments reCivil Matters — Volume 10 · Source page ٤٠٣
  23. Principle 2161A decision allocating government housing to the deceased does not transfer ownership. The sale thereof by the State must be registered.Civil Matters — Volume 10 · Source page ٤٠٣
  24. Principle 2162The purchaser of real property under an unregistered contract. An ordinary creditor in respect of the personal obligations owed by the seller under the contract, even if a judgment declaring its validity and enforceabiliCivil Matters — Volume 10 · Source page ٤٠٣
  25. Principle 2163Transfer of ownership to the purchaser of real property under Real Estate Registration Law 5 of 1959. Its deferral until the date of registration, unlike all other effects of the sale.Civil Matters — Volume 10 · Source page ٤٠٣
  26. Principle 2164Instruments accepted to prove the root of title. Their specification in Article 14 of the Real Estate Registration Law. Does not detract from the courts' authority, when hearing actions to establish ownership, to accept Civil Matters — Volume 10 · Source page ٤٠٣
  27. Principle 2165An unregistered sale contract concluded under the Real Estate Registration Law does not transfer ownership of the immovable property sold to the purchaser. The basis for this.Civil Matters — Volume 10 · Source page ٤٠٤
  28. Principle 2166The validity of a gift is conditional upon the donor owning the subject of the gift. An action for the validity and enforceability of a gift contract. Condition for its admissibility. The possibility of transferring owneCivil Matters — Volume 10 · Source page ٤٠٤
  29. Principle 2168The Real Estate Registration Law did not change the nature of the sale contract. Its effect is limited to the transfer of ownership of the thing sold becoming deferred until after registration.Civil Matters — Volume 10 · Source page ٤٠٤
  30. Principle 2169Ownership of the sold real property. Its transfer is contingent upon registration of the sale contract. Rescission of the sale contract as a result of the seller’s sale of the sold real property. Its effect. The seller’sCivil Matters — Volume 10 · Source page ٤٠٤
  31. Principle 2170The preferential lien for sums due to the contractor and engineer over buildings and structures. Invoking it against third parties, giving effect to it, determining its rank and enforcing it against the real property encCivil Matters — Volume 10 · Source page ٤٠٤
  32. Principle 2171Dispositions creating or establishing an accessory real right in immovable property and final judgments establishing any such matter. They must be registered by entry. How this is done. Articles 9, 18 of Decree No. 5 of Civil Matters — Volume 10 · Source page ٤٠٤
  33. Principle 2173Every right in rem over immovable property, whether a principal right in rem such as ownership or an accessory right in rem such as a formal mortgage, is deemed immovable property. These rights in rem over immovable propCivil Matters — Volume 10 · Source page ٤٠٥

  34. تسجيل صحف الدعاوى

    Principle 2175Right of easement. It must be registered; otherwise, it does not create the right between its parties or in relation to third parties. Example. Registration of statements of claim:Civil Matters — Volume 10 · Source page ٤٠٥
  35. Principle 2176Registration of statements of claim submitted to suspend instruments requiring registration or entry for the purpose of challenging their contents. Its effect: the claimant’s right, if established by an annotated judgmenCivil Matters — Volume 10 · Source page ٤٠٥
  36. Principle 2177Actions brought pursuant to the provisions of Law No. 18 of 1969 and Law No. 5 of 1975, as amended. The condition for their admissibility. They must be brought and registered within 1 year from the effective date of Law Civil Matters — Volume 10 · Source page ٤٠٦
  37. Principle 2178The procedural conditions relating to registration of the statement of claim and publication of its summary do not apply retroactively to actions brought before Law 33 of 2000 came into force. Application of the substantCivil Matters — Volume 10 · Source page ٤٠٦
  38. Principle 2179Registration of the statement of claim in an action for validation of a contract and annotation of the judgment rendered therein in the margin of the registration. Its effect. Preservation of the purchaser’s right againsCivil Matters — Volume 10 · Source page ٤٠٦

  39. تسجيل طلب الاستفادة من نظام الرعاية السكنية*

    Principle 2181Registration of real property ownership actions as actions asserting title. Its purpose. Preserving the rights of the person bringing them if judgment is subsequently rendered in his favour and that judgment is annotatedCivil Matters — Volume 10 · Source page ٤٠٦
  40. Principle 2183The memorandum of association and articles of association of joint-stock companies and the power of attorney issued by the founders to others must be drawn up in an official instrument. Failure to do so. Its effect: absoCivil Matters — Volume 10 · Source page ٤٠٧
  41. Principle 2185Distribution contract. It need not be established in writing. The reason for this. - Agreement that the first respondent undertake distribution of the products of the company that is its principal, and automatic renewal Civil Matters — Volume 10 · Source page ٤٠٨
  42. Principle 2186The legislature’s regulation of contract agency in the Commercial Code in a manner different from the general provisions governing commercial agencies in Law 36 of 1964(*). Its effect. Written proof thereof suffices withCivil Matters — Volume 10 · Source page ٤٠٨
  43. Principle 2187An unregistered commercial agency. An action concerning it shall not be heard. Law 36 of 1964 concerning the regulation of commercial agencies(*). - Contract agency. Its nature: a contract whereby a person undertakes, onCivil Matters — Volume 10 · Source page
  44. Principle 2188The plea that the action may not be heard because the distribution contract in dispute was not registered. A plea relating to procedure and not to the substance of the right. The challenged judgment being confined to uphCivil Matters — Volume 10 · Source page
  45. Principle 2192A request for a judgment declaring the validity and enforceability of a sale contract. Its difference in subject matter and cause from a request for a judgment confirming ownership by acquisitive possession. The first isCivil Matters — Volume 10 · Source page
  46. Principle 2193Transfer of ownership of real estate. Its deferral until registration has occurred and from its date. Its effect. Registration is decisive. Its consequence. Priority of the registered contract over the earlier private coCivil Matters — Volume 10 · Source page
  47. Principle 2194An action for the validity and enforceability of a sale contract. Its purpose. Specific performance of the seller's obligations and obtaining a judgment whose registration takes the place of the contract in transferring Civil Matters — Volume 10 · Source page
  48. Principle 2195An action for the validity and enforceability of a sale. Its nature. Ultimately an action to establish title, intended to enforce the seller's obligations that would transfer ownership of the thing sold to the purchaser Civil Matters — Volume 10 · Source page
  49. Principle 2197An action for the validity and enforceability of a sale contract. It is ultimately an action to establish title, intended to obtain specific performance of the seller’s obligations that would transfer ownership to the puCivil Matters — Volume 10 · Source page
  50. Principle 2198An action for the validity and enforceability of a sale contract. It is ultimately an action asserting title, intended to secure specific performance of the seller's obligations that would transfer ownership to the purchCivil Matters — Volume 10 · Source page
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