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. التظلم من القرارات الصادرة بشأن التسجيل العقاري

    Principle 2199Investment companies being subject to Central Bank supervision. Its implication. Prohibition on their conducting their activities before registration in its companies register. It may strike them off in certain circumstaCivil Matters — Volume 10 · Source page ٤١١

  2. تسجيل العلامات التجارية

    Principle 2200Decisions issued concerning real estate registration endorsing an application with a requirement to supply a particular detail for which the applicant sees no justification, or declaring forfeiture of the application's pCivil Matters — Volume 10 · Source page ٤١١
  3. Principle 2202A sole proprietorship. It is not a legal person with a separate patrimony but is part of its proprietor’s patrimony. The implication: registration of a trademark in its name is merely registration in its proprietor’s namCivil Matters — Volume 10 · Source page ٤١٢
  4. Principle 2203The Trademark Register Administration must suspend applications to register the same trademark or closely resembling or similar trademarks for a single class of products if more than one person applies to register them aCivil Matters — Volume 10 · Source page ٤١٢
  5. Principle 2204Registration of a trademark. A rebuttable presumption of ownership of the mark. Its implication. The burden of proving its ownership rests upon the person disputing the registrant’s ownership.Civil Matters — Volume 10 · Source page ٤١٢
  6. Principle 2205Registration of a trademark. A rebuttable presumption of its ownership. The burden of proving the contrary rests on the claimant to ownership. - The conjunction of its ownership registration of the trademark with its useCivil Matters — Volume 10 · Source page ٤١٢
  7. Principle 2206Application to cancel a trademark. Its condition: that it be owned by the claimant and registered in his name in the trademark register. Rationale therefor.Civil Matters — Volume 10 · Source page ٤١٢
  8. Principle 2207Registration of a trademark. How it is effected. - The Trademark Registry Department. It must suspend applications to register the same trademark or closely resembling or similar trademarks for one class of products if mCivil Matters — Volume 10 · Source page ٤١٢
  9. Principle 2208Multiple applications submitted to register identical or similar trademarks for the same products. Registration priority is given to the application preceding the others in filing date, while ownership of the trademark bCivil Matters — Volume 10 · Source page ٤١٣
  10. Principle 2210Registration pursuant to the provisions of Part Three or Five of the Social Insurance Law(*) is undertaken by the Public Institution for Social Security in accordance with the provisions and conditions of this law. The iCivil Matters — Volume 10 · Source page ٤١٣

  11. تسجيل طلب الحجز على العقار

    Principle 2211Registration pursuant to the provisions of Part 3 or Part 5 of the Social Insurance Law(*) is undertaken by the Public Institution for Social Security. Its adherence therein to the provisions of this law. Reason thereforCivil Matters — Volume 10 · Source page ٤١٣

  12. انتقال ملكية السفن الصغيرة بمجرد العقد

    Principle 2212Deeming the real property for which the creditor submits an attachment application to be attached. Its condition. The creditor must submit an attachment application, and an enforcement officer must proceed to the Real EsCivil Matters — Volume 10 · Source page ٤١٤

  13. تنفيذ العقد

    Principle 2213Ownership of small vessels transfers from the seller to the buyer by the mere contract. It is not dependent on registration of the contract. - Registration of small vessels is not an obligation upon their seller. PerformCivil Matters — Volume 10 · Source page ٤١٤
  14. Principle 2214Fixing a particular time for formally notifying the debtor to perform his obligation in kind or by way of compensation in kind or in money. Article 398 of the Commercial Code. Does not concern public policy. Its effect. Civil Matters — Volume 10 · Source page ٤١٤
  15. Principle 2215A contract binding on both parties. The scope of the connection between its reciprocal obligations. Performance by one side must be in exchange for performance by the other side. Its implication. They are deemed due for Civil Matters — Volume 10 · Source page ٤١٤
  16. Principle 2216The contract must be performed in accordance with its contents and consistently with good faith. The obligor’s right to withhold performance so long as the creditor has not performed his corresponding obligation. An examCivil Matters — Volume 10 · Source page ٤١٤
  17. Principle 2217Performance in kind is the rule. Resort is not had to its substitute unless compensation in kind is impossible. Establishing impossibility. A factual matter within the exclusive authority of the judge of merits.Civil Matters — Volume 10 · Source page ٤١٥
  18. Principle 2218The interconnection of performance of reciprocal obligations by way of exchange and set-off. Its effect. A contracting party may plead non-performance of its obligation if the other contracting party defaults on its reciCivil Matters — Volume 10 · Source page ٤١٥
  19. Principle 2219Reciprocal contractual obligations. Their performance is linked reciprocally.Civil Matters — Volume 10 · Source page ٤١٥
  20. Principle 2220An obligation to render something under the former Commercial Code. The condition for withholding performance. A ruling that a contracting party's temporary delay in performing the obligation because the other contractinCivil Matters — Volume 10 · Source page ٤١٥
  21. Principle 2221The defense of nonperformance of an obligation in contracts binding on both parties. The condition for its acceptance.Civil Matters — Volume 10 · Source page ٤١٥
  22. Principle 2222Failure on appeal to challenge the first-instance judgment declaring the sale dissolved. Its becoming irrevocable. Claiming for the first time on appeal entitlement to the valuation proceeds or to another property allocaCivil Matters — Volume 10 · Source page ٤١٥
  23. Principle 2223The contract must be performed in accordance with the provisions it contains and the requirements of good faith and honourable dealing.Civil Matters — Volume 10 · Source page ٤١٥
  24. Principle 2224Determining whether a contracting party is in default or not in default in performing his obligation. Within the trial court’s authority.Civil Matters — Volume 10 · Source page ٤١٥
  25. Principle 2225Extinction of an obligation in contracts binding on both parties owing to impossibility of performance. Its condition. - 415 - ObligationCivil Matters — Volume 10 · Source page ٤١٥
  26. Principle 2227Considering an event to be force majeure. Its condition. That it could not have been foreseen and was impossible to avert. It suffices that the circumstances indicate the possibility of the event occurring for it to be cCivil Matters — Volume 10 · Source page ٤١٦
  27. Principle 2228The worker’s breach of or failure to fulfil his obligations. Its effect. The employer may dismiss him without notice or gratuity. Condition therefor. Observance of good faith and honourable dealing. Whether or not the woCivil Matters — Volume 10 · Source page ٤١٦
  28. Principle 2229Determining whether or not a contracting party has performed his obligation. A factual matter within the exclusive province of the court of merits. Its condition.Civil Matters — Volume 10 · Source page ٤١٦
  29. Principle 2230The general rule is performance of the obligation in kind. The debtor’s offer to perform his obligation in kind. Its effect. The creditor may not refuse it while insisting on compensation. The reason therefor.Civil Matters — Volume 10 · Source page ٤١٦
  30. Principle 2231The occurrence of an exceptional general calamity that was not contemplated and could not have been foreseen upon contracting, rendering performance of the obligation—although still possible—excessively onerous for the dCivil Matters — Volume 10 · Source page ٤١٦
  31. Principle 2232Judicial intervention to reduce the obligation to a reasonable limit. Article 198, Civil Code. A discretionary power. Its conditions. Their assessment. Within the authority of the trial court.Civil Matters — Volume 10 · Source page ٤١٦
  32. Principle 2233The contract is the law of the contracting parties. Neither may unilaterally revoke it or amend its provisions except within the limits permitted by the agreement or prescribed by law. - 416 - ObligationCivil Matters — Volume 10 · Source page ٤١٦
  33. Principle 2234The contract must be performed in accordance with the requirements of good faith and honourable dealing. - The contractor's obligation is an obligation to achieve a result. Failure to deliver the work in full at the timeCivil Matters — Volume 10 · Source page ٤١٧
  34. Principle 2235The contract must be performed in accordance with the provisions it contains and consistently with good faith. And honorable dealing.Civil Matters — Volume 10 · Source page ٤١٧
  35. Principle 2236An unforeseen event. Its nature. Its scope. Its conditions. Its effect on suspending performance of contracts. Example concerning the Iraqi invasion as an unforeseen event and its effect on invoking the cancellation of sCivil Matters — Volume 10 · Source page ٤١٧
  36. Principle 2237Annulment or nullity of the contract. Its effect. Restoration of the contracting parties to the position they were in at the time of contracting. Impossibility thereof. Its implication. The judge may order equivalent perCivil Matters — Volume 10 · Source page ٤١٧
  37. Principle 2238Extinction of an obligation through legal or factual impossibility of performance. Ascertaining factual impossibility. A factual matter within the authority of the court of merits. The condition for this.Civil Matters — Volume 10 · Source page ٤١٧
  38. Principle 2239The trial court’s assessment of compensation by reference to the rent that had been agreed in the contract falls within its discretion. Its implication. It does not constitute performance of the contract adjudged void.Civil Matters — Volume 10 · Source page ٤١٧
  39. Principle 2240Deeming a contracting party in default in performing his obligation. Within the authority of the court of merits. - Private photographic copies. Have no binding legal evidentiary significance. The court of merits may adoCivil Matters — Volume 10 · Source page ٤١٧
  40. Principle 2241Deeming a contracting party in default or not in default in performing its obligations. Within the authority of the trial court. The condition for this. Example concerning the plea of non-performance. - 417 - ObligationCivil Matters — Volume 10 · Source page ٤١٧
  41. Principle 2242Inferring the existence or absence of fault on the part of the employer, or the principal contractor in his capacity as employer, which excludes the contractor's liability for delay in performance. Within the authority oCivil Matters — Volume 10 · Source page ٤١٨
  42. Principle 2244Understanding the facts of the action and inferring a contracting party's breach of an obligation. Within the trial court's authority. The condition thereof.Civil Matters — Volume 10 · Source page ٤١٨
  43. Principle 2245Agreement, upon conclusion or performance of the contract, that payment shall be in foreign currency. Permissible. The reason therefor. The Amiri Order issued on 3/8/1990 does not repeal the permissibility of this agreemCivil Matters — Volume 10 · Source page
  44. Principle 2246The contract is the law of the contracting parties. The implication of this. - A judgment's disregard of what the contracting parties agreed upon. A violation of the law requiring its cassation. Example.Civil Matters — Volume 10 · Source page
  45. Principle 2247The contract is the law of the contracting parties. Unilateral revocation or amendment of its provisions by either party. Impermissible. The court of merits has the power to determine which party breached its contractualCivil Matters — Volume 10 · Source page
  46. Principle 2248Examining the evidence and documents submitted, weighing them against one another, and ascertaining whether a contracting party performed the obligation arising from the contract. Within the authority of the court of merCivil Matters — Volume 10 · Source page
  47. Principle 2249Nullity of a contract extinguishes it from its conclusion. Elimination of every effect of its performance if it has been performed. The consequence of this.Civil Matters — Volume 10 · Source page
  48. Principle 2250The shipowner is responsible for the contractual obligations that he enters into personally or through his agent in relation to the ship or the maritime consignment. - 418 - ObligationCivil Matters — Volume 10 · Source page
  49. Principle 2251Determining whether or not a contracting party has performed his obligation. A factual matter within the exclusive authority of the court of merits. Condition therefor.Civil Matters — Volume 10 · Source page
  50. Principle 2252The contract is the law of the contracting parties. Neither may unilaterally revoke it, amend its provisions, or obtain exemption from its effects except within the limits permitted by the agreement or prescribed by law.Civil Matters — Volume 10 · Source page
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