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. الدفع بعدم التنفيذ والحق في الحبس

    Principle 2310The defence of non-performance of a contract. Its import: either contracting party may refrain from fulfilling the obligations imposed upon him by the contract, even if due for performance, until the other contracting paCivil Matters — Volume 10 · Source page ٤٢٨
  2. Principle 2311The defense of non-performance of an obligation and the right of retention. What limits them. Good faith in performing the obligation and avoidance of - 428 - Obligation abuse. A reciprocal obligation that is due for perCivil Matters — Volume 10 · Source page ٤٢٨
  3. Principle 2312A sale contract. The purchaser’s right to retain the sold property after its dissolution until the seller repays him the price paid. The reason therefor: his obligation to deliver corresponds to the seller’s obligation tCivil Matters — Volume 10 · Source page ٤٢٩
  4. Principle 2313Reciprocal obligations due for performance. Each contracting party’s right to plead non-performance or to retain what he is obliged to render to the other contracting party. The condition for this: the other contracting Civil Matters — Volume 10 · Source page ٤٢٩

  5. عدم تنفيذ المدين لالتزامه العقدي

    Principle 2314Contract of carriage. The carrier's obligation therein is an obligation to achieve a result: transporting the thing and delivering it intact to the consignee. Its implication. The carrier's liability continues until actuCivil Matters — Volume 10 · Source page ٤٢٩

  6. نظرية الظروف الطارئة

    Principle 2315Contractual fault. Its definition: the debtor’s non-performance of his obligation arising from the contract. - Non-performance by one contracting party of his obligation under bilaterally binding contracts. Its effect. -Civil Matters — Volume 10 · Source page ٤٢٩
  7. Principle 2316The doctrine of unforeseen circumstances. Conditions for its application. The occurrence of a grave loss to the contracting party exceeding the customary limits of dealings and resulting in a serious disruption of the ecCivil Matters — Volume 10 · Source page ٤٣٠
  8. Principle 2318The doctrine of exceptional circumstances. The condition for its application and its effect on the obligation. The power it confers on the judge, at the debtor’s request, to reduce the obligation to a reasonable extent. Civil Matters — Volume 10 · Source page ٤٣٠
  9. Principle 2319A supervening circumstance liable to disrupt the economics of the contract. What suffices for its existence.Civil Matters — Volume 10 · Source page ٤٣٠
  10. Principle 2320An administrative contract concluded by public tender. How it is formed. The contractual relationship therein. What determines it. Preliminary discussions and negotiations fall outside that relationship. The reason for tCivil Matters — Volume 10 · Source page ٤٣٠
  11. Principle 2321The doctrine of unforeseen circumstances. Scope and condition of its application. That performance of the debtor’s obligation, as a result of the unforeseen event, be severely onerous and exceed his capacity, causing himCivil Matters — Volume 10 · Source page ٤٣١
  12. Principle 2322The doctrine of unforeseen circumstances. The condition for its application. The occurrence of a grave loss to the contracting party exceeding customary limits and capable of seriously disrupting the economics of the conCivil Matters — Volume 10 · Source page ٤٣١
  13. Principle 2323The doctrine of unforeseen circumstances. Conditions for its application. Performance of the debtor’s obligation becoming onerous because of the supervening event, such that it causes him exorbitant loss. The standard foCivil Matters — Volume 10 · Source page ٤٣١
  14. Principle 2324The doctrine of unforeseen circumstances. Conditions for its application. Performance of the debtor’s obligation becoming onerous because of the unforeseen event, such that it causes him exorbitant loss. The criterion foCivil Matters — Volume 10 · Source page ٤٣١
  15. Principle 2325An increase or decrease in the costs of the work. It has no effect on the extent of the obligations arising from the contract for work: the contractor may not, when costs increase, demand an increase in the considerationCivil Matters — Volume 10 · Source page ٤٣١
  16. Principle 2326The doctrine of unforeseen circumstances. Its condition: the occurrence of an exceptional event of a general nature that was not contemplated and could not have been foreseen at the time of contracting, and that would reCivil Matters — Volume 10 · Source page ٤٣١
  17. Principle 2327The doctrine of exceptional supervening circumstances. Its application is not confined solely to contracts of continuing performance. Its applicability to any contract that has not been performed when the supervening cirCivil Matters — Volume 10 · Source page ٤٣٢
  18. Principle 2328An obligation to be performed within a specified period - occurrence of force majeure rendering its performance impossible during the time in which performance is due. Its effect. It is regarded as a supervening circumstCivil Matters — Volume 10 · Source page ٤٣٢
  19. Principle 2329Force majeure occurring during the period specified for performance of the obligation. Considered a supervening circumstance that renders performance impossible and extinguishes the debtor's obligation without his bearinCivil Matters — Volume 10 · Source page ٤٣٢
  20. Principle 2330Giving effect to the suspensive effect of the criminal judgment has no place if circumstances arise rendering it inappropriate to proceed with hearing the criminal action. The civil judge must proceed with hearing and deCivil Matters — Volume 10 · Source page ٤٣٢
  21. Principle 2331The occurrence of an exceptional event of a general nature that was not contemplated and could not have been foreseen when contracting, and that rendered performance of the obligation—although still possible—so severely Civil Matters — Volume 10 · Source page ٤٣٢
  22. Principle 2332The foundation of the doctrine of unforeseen circumstances is that circumstances or events arise during performance of the contract that were not anticipated when it was concluded and make performance of the debtor's oblCivil Matters — Volume 10 · Source page ٤٣٣
  23. Principle 2333The doctrine of unforeseen circumstances. Conditions for its application. The occurrence of an exorbitant loss in the economics of the contract constituting a serious disruption. Assessing the seriousness. Within the autCivil Matters — Volume 10 · Source page ٤٣٣
  24. Principle 2334Unforeseen circumstances. Their nature. Assessment of hardship to the debtor. Within the authority of the court of merits. The condition for this. - Reducing the onerous obligation to a reasonable limit. A discretionary Civil Matters — Volume 10 · Source page ٤٣٣
  25. Principle 2336Force majeure occurring during the term of the contract and rendering performance of the obligation impossible throughout the time. Temporary impossibility. Its effect.Civil Matters — Volume 10 · Source page ٤٣٣
  26. Principle 2337Assessment of the onerousness that threatens the debtor with grave loss. Within the authority of the court of merits. Example concerning the absence of the conditions for the doctrine of unforeseen circumstances.Civil Matters — Volume 10 · Source page ٤٣٣
  27. Principle 2338Force majeure. Its nature and effect on the extinguishment of the obligation. - Temporary impossibility that ceases after the time for performance falls due. Its effect. Suspension of performance. - Termination of the leCivil Matters — Volume 10 · Source page ٤٣٣
  28. Principle 2339The doctrine of unforeseen circumstances. Its application requires that, after the conclusion of the contract and before completion of performance of the obligation arising from it, an exceptional event of a general natuCivil Matters — Volume 10 · Source page ٤٣٤
  29. Principle 2340Assessment of whether the exceptional event was foreseeable or unforeseeable, its effect on the disputed transaction, and whether performance of the obligation is onerous. Falls within the trial court’s authority. The baCivil Matters — Volume 10 · Source page ٤٣٤
  30. Principle 2341The judge of merits may reduce an onerous obligation to a reasonable level where this is attributable to exceptional circumstances. Basis thereof. - Assessment of whether performance of the obligation is onerous or not. Civil Matters — Volume 10 · Source page ٤٣٤
  31. Principle 2342The prerequisite for applying the doctrine of unforeseen circumstances is that deferral of performance of the obligation until after the unforeseen event must not be attributable to the debtor’s fault. The reason therefoCivil Matters — Volume 10 · Source page ٤٣٤
  32. Principle 2343Factual argument. Impermissible before the Court of Cassation. An example concerning an unforeseen event.Civil Matters — Volume 10 · Source page ٤٣٤
  33. Principle 2344The provisions and rules concerning collection of purchased debts. Their nature and purpose. Law 41 of 1993. - The bank acting on behalf of the State demanding the debt instalments from the debtor and taking enforcement Civil Matters — Volume 10 · Source page ٤٣٤
  34. Principle 2345The Iraqi invasion. Its effect. Suspension of employment contracts without their termination. Workers’ rights guaranteed to them by law against employers for the period preceding the invasion. Unaffected by it.Civil Matters — Volume 10 · Source page ٤٣٥
  35. Principle 2346Application of the theory of unforeseen circumstances to performance of an administrative contract. Its condition. An unforeseen circumstance must occur during performance, be beyond the will of the contracting parties, Civil Matters — Volume 10 · Source page ٤٣٥
  36. Principle 2347Assessing whether the exceptional event was foreseeable or not, the extent of its effect on the disputed transaction, and whether performance of the obligation has become onerous. Within the authority of the court of merCivil Matters — Volume 10 · Source page ٤٣٥

  37. نظرية فعل الأمير

    Principle 2348The doctrine of unforeseen circumstances. The criterion for its application: performance of the debtor's obligation must, as a result of the unforeseen event, become excessively onerous beyond capacity and cause an unusuCivil Matters — Volume 10 · Source page ٤٣٥
  38. Principle 2349The doctrine of acts of the sovereign. Conditions for its application. The issuance by the contracting administrative authority of an unforeseen specific or general measure resulting in damage to the contracting party noCivil Matters — Volume 10 · Source page ٤٣٥
  39. Principle 2350The doctrine of sovereign act. Its scope and the condition for its application. The issuance of a specific or general measure by the contracting administrative authority capable of causing particular harm to the contractCivil Matters — Volume 10 · Source page ٤٣٦
  40. Principle 2352The doctrine of the act of the sovereign. Conditions for its application. Issuance by the contracting administration of a specific or general measure that was not foreseeable at the time of contracting and causes harm toCivil Matters — Volume 10 · Source page ٤٣٦
  41. Principle 2353Assessment of the extent to which the conditions for applying the doctrine of acts of public authority are satisfied. Is for the court of merits. - Application of the doctrine of acts of public authority. Its condition. Civil Matters — Volume 10 · Source page ٤٣٦

  42. تعديل العقد

    Principle 2355The doctrine of act of the sovereign. Its condition: the issuance of a general or specific measure by the contracting administrative authority that was not - 436 - Obligation foreseeable at the time of contracting, resulCivil Matters — Volume 10 · Source page ٤٣٦
  43. Principle 2356The right to amend the contract. Belongs to the joint administration of its parties. - The statutes of the Fellowship Fund. Their nature. A standard-form contract drawn up by the union, indicating the consent of workers Civil Matters — Volume 10 · Source page
  44. Principle 2357The contract is the law of the contracting parties. It may neither be revoked nor amended except by their agreement or for reasons prescribed by law.Civil Matters — Volume 10 · Source page
  45. Principle 2358The contracting parties' freedom to modify the rules of contractual liability created by their free will within the limits of the law and the rules of public policy.Civil Matters — Volume 10 · Source page
  46. Principle 2359The administrative authority has the right to amend the contract unilaterally, without needing the other party's consent or a provision for that amendment in the contract, whenever the needs of the public service or the Civil Matters — Volume 10 · Source page
  47. Principle 2360The contracting parties' freedom to modify the rules of contractual liability created by their free will insofar as this does not contravene public policy. Article 296, Civil Code.Civil Matters — Volume 10 · Source page
  48. Principle 2361An employment contract. An administrative contract between the administration and an individual intended to produce a specific legal effect. The provisions of administrative contracts are the basis for determining employCivil Matters — Volume 10 · Source page
  49. Principle 2362The 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 agreement or prescribed by law.Civil Matters — Volume 10 · Source page
  50. Principle 2363The freedom of contracting parties to modify the provisions of contractual liability created by their free will, within the limits of the law and the rules of public policy. - An insurance policy containing reasonable reCivil Matters — Volume 10 · Source page
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