المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. تعديل العقد

    Principle 2364The contract is the law of its parties. It may not be revoked or amended except within the limits permitted by the agreement or prescribed by law. The challenged judgment's adherence to this and its award to the respondeCivil Matters — Volume 10 · Source page ٤٣٨
  2. Principle 2365A worker’s wage. No deduction, attachment or waiver thereof is permissible except within the limits prescribed by law. Nullity of every term in an employment contract contrary thereto. Does not preclude amendment of the Civil Matters — Volume 10 · Source page ٤٣٨
  3. Principle 2366The general rule is the contracting parties’ freedom to modify the rules of contractual liability. The condition therefor.Civil Matters — Volume 10 · Source page ٤٣٨
  4. Principle 2367The general rule is the freedom of contracting parties to modify the rules of contractual liability. The condition for this. Observance of the limits of the law and the rules of public policy. - Insurance contract. It maCivil Matters — Volume 10 · Source page ٤٣٨
  5. Principle 2368The contract is the law of the contracting parties. Neither may revoke or amend it except within the limits permitted by the agreement or prescribed by law.Civil Matters — Volume 10 · Source page ٤٣٩
  6. Principle 2369The final contract, rather than the preliminary contract, is what settles the relations between the parties and alone becomes the law governing the contracting parties from the date of its conclusion. - Agreement in the Civil Matters — Volume 10 · Source page ٤٣٩
  7. Principle 2370Limited liability companies. The partners' agreement in the memorandum of incorporation to appoint a manager without specifying a particular term. Its implication. He remains manager for the duration of its existence. HiCivil Matters — Volume 10 · Source page ٤٣٩
  8. Principle 2371The 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 ٤٣٩
  9. Principle 2372Amendment of the company’s contract and conversion of its legal entity into a limited liability company. Inclusion in the contract of broad powers for its manager and authority to conclude contracts, agreements and transCivil Matters — Volume 10 · Source page ٤٣٩
  10. Principle 2373Notice to vacate. Its nature: an expression of one party's intention to terminate the lease. Its effect: termination of the lease contract. Article 567 of the Civil Code. No particular form is required for the notice. HoCivil Matters — Volume 10 · Source page ٤٤٠
  11. Principle 2375The contract is the law of its parties. It may not be rescinded or amended except within the limits permitted by the agreement or prescribed by law.Civil Matters — Volume 10 · Source page ٤٤٠
  12. Principle 2376A contract has the force of law for its parties. Neither may unilaterally revoke it or amend its provisions except within the limits of agreement or law.Civil Matters — Volume 10 · Source page ٤٤٠

  13. تجديد العقد

    Principle 2377The contract is the law of the contracting parties. It may not be revoked or amended except within the limits permitted by agreement or prescribed by law. The scope and content of the contract, and amendments thereto witCivil Matters — Volume 10 · Source page ٤٤٠
  14. Principle 2378The intention to novate an obligation. Must be express in the contract. Inferring it. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٤٤١
  15. Principle 2379Actual continuation of performance of a fixed-term employment contract after expiry of its term. Tacit renewal. The nature of express renewal: the parties' advance agreement, upon concluding the contract, to regulate itsCivil Matters — Volume 10 · Source page ٤٤١
  16. Principle 2380Ascertaining the facts, examining evidence and documents, and inferring the renewal of contracts, documents and disputed terms. Fall within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٤٤١
  17. Principle 2381Novation of an obligation. Its nature. A contract in which the parties agree to replace the original obligation with a new obligation differing from it in its subject matter or source. Merely drawing up an instrument forCivil Matters — Volume 10 · Source page ٤٤١
  18. Principle 2382The parties to a fixed-term employment contract continuing to perform it after its term expires. Its implication. It is deemed renewed for an indefinite term.Civil Matters — Volume 10 · Source page ٤٤١
  19. Principle 2383Novation. Its nature. A contract in which the parties agree to extinguish a previous obligation and replace it with another new obligation differing from the first in one of its important elements. The consequence thereoCivil Matters — Volume 10 · Source page ٤٤١
  20. Principle 2384Renewal of an administrative contract. Its basis. Approval of both parties and recourse to the provisions specific to it, rather than the general provisions contained in the Civil Code. - 441 - Obligation - Ascertaining Civil Matters — Volume 10 · Source page ٤٤١
  21. Principle 2385An employment contract. Its inclusion of a provision permitting either party to terminate it unilaterally before its expiry. Its effect. It is regarded as a contract of indefinite duration. - An employment contract conclCivil Matters — Volume 10 · Source page ٤٤٢
  22. Principle 2386Tacit renewal or extension of a lease subject to exceptional legislation. The legislature distinguished between them. Import thereof. The tenant’s continued enjoyment of the leased premises with the landlord’s knowledge Civil Matters — Volume 10 · Source page ٤٤٢
  23. Principle 2387Renewal of the lease for another term without the parties' wills meeting on the determination of the rental value or the basis for its assessment. Its effect. Application of Article 565 of the Civil Code. A judgment contCivil Matters — Volume 10 · Source page ٤٤٢
  24. Principle 2388The contract ends upon expiry of the period specified therein. The exception. An agreement to extend it for another period if notice to vacate is not given within a specified time. Notice directed by one party to the conCivil Matters — Volume 10 · Source page ٤٤٢
  25. Principle 2389Application of the rule governing a fixed-term employment contract to its tacit renewal in the event of actual continuation of its performance after expiry of its term. The difference between this tacit renewal and expreCivil Matters — Volume 10 · Source page ٤٤٣

  26. امتداد العقد

    Principle 2390The regulation concerning licences and structures erected on State property, issued by Decision No. 56 of 2001 of the Minister of Finance, included an amendment to the conditions of licences and contracts relating to buiCivil Matters — Volume 10 · Source page ٤٤٣
  27. Principle 2391Expiry of the lease while the lessee continues to enjoy the leased property with the lessor’s knowledge and without his objection. Its meaning: extension of the lease. The period considered in this regard. Its nature.Civil Matters — Volume 10 · Source page ٤٤٣
  28. Principle 2392Notice to vacate by which a lease terminates. Its nature. An expression of the intention of one party to the contract to terminate it. Its condition. It must contain an unambiguous indication of the desire to treat the cCivil Matters — Volume 10 · Source page ٤٤٣
  29. Principle 2393Agreement to mutually rescind a contract. May be by implied offer and acceptance. Inference of implied agreement, understanding of the facts of the case, and assessment of its evidence. For the court of merits, without rCivil Matters — Volume 10 · Source page ٤٤٤

  30. الشرط الجزائي

    Principle 2394A fixed-term lease. Its inclusion of a condition requiring notice of termination within a specified time. Its meaning. Notice must be given within that time. Failure to do so. Its effect. Extension of the lease for anothCivil Matters — Volume 10 · Source page ٤٤٤
  31. Principle 2395The presumption that damage equal to the compensation assessed in advance by the contracting parties has occurred when the penalty clause is triggered. The debtor may rebut it by proving the absence of damage or its lackCivil Matters — Volume 10 · Source page ٤٤٤
  32. Principle 2396The financial sanction imposed by the contracting parties. Its nature: a penalty clause or agreed compensation. Its purpose. Redressing the damage suffered by the contracting party against whom the breach of obligation oCivil Matters — Volume 10 · Source page ٤٤٤
  33. Principle 2397Delay penalty. It is not payable if the debtor proves that it committed no fault or that the creditor suffered no damage. The reason therefor. It is a form of penalty clause or agreed compensation.Civil Matters — Volume 10 · Source page ٤٤٤
  34. Principle 2399Agreement on compensation under a penalty clause in the contract. Its implication. Damage is presumed and the creditor is not required to prove it. If the debtor alleges that no damage occurred to the creditor, he bears Civil Matters — Volume 10 · Source page ٤٤٤
  35. Principle 2400The existence of a penalty clause. Its implication: the assessment of compensation is commensurate with the damage. Its effect: the judge must give effect to it. When the judge may reduce it to correspond to the damage aCivil Matters — Volume 10 · Source page ٤٤٥
  36. Principle 2401The penalty clause. An obligation accessory to a principal obligation. The effect of its lapse. Disregarding the compensation assessed pursuant to it. The effect of its realization. Compensation arises for the creditor, Civil Matters — Volume 10 · Source page ٤٤٥
  37. Principle 2402Agreed compensation constitutes a penalty clause if the subject matter of the obligation is not a sum of money. - The plea that the penalty clause is void because the debtor accepted it out of fear of exposure to criminaCivil Matters — Volume 10 · Source page ٤٤٥
  38. Principle 2403Agreed compensation. A financial sanction imposed by the contracting parties to secure performance of the agreement, to draw the damage suffered by the person for whose benefit it was stipulated. - The trial court may reCivil Matters — Volume 10 · Source page ٤٤٥
  39. Principle 2405The existence of a penalty clause in the contract obliges the judge to give effect to it. Proof by the debtor that the creditor suffered no damage. Compensation is not due. Proof that the agreed compensation is excessiveCivil Matters — Volume 10 · Source page ٤٤٥
  40. Principle 2406Delay penalty. Its definition. An agreed penalty clause subject to assessment by the court of merits as to entitlement and amount. - 445 - Obligation - Absence of the contractor's liability. Its condition.Civil Matters — Volume 10 · Source page ٤٤٥
  41. Principle 2407The financial sanction imposed by the contracting parties. Its purpose is to redress damage, and it is in the nature of a penalty clause or agreed compensation. The court may reduce it if the debtor proves that its assesCivil Matters — Volume 10 · Source page ٤٤٦
  42. Principle 2408Not being bound, in assessing compensation, by the amount of the penalty clause agreed upon in the contract. The criterion for this.Civil Matters — Volume 10 · Source page ٤٤٦
  43. Principle 2409The presumption that damage equal to the compensation assessed in advance by the contracting parties has occurred when the penalty clause is triggered. The debtor may rebut it by proving the absence of damage or its lackCivil Matters — Volume 10 · Source page
  44. Principle 2410Adoption of the expert's report. Within the authority of the court of merits. It is not obliged to respond separately to criticisms directed at that report or to grant a request to remit the assignment to the expert. - DCivil Matters — Volume 10 · Source page
  45. Principle 2411A penalty clause. A rebuttable legal presumption that damage occurred, so the creditor is not required to prove it.Civil Matters — Volume 10 · Source page
  46. Principle 2412The penalty clause. Its nature: an agreement on the compensation due upon occurrence of the breach. Its occurrence. A rebuttable legal presumption that damage has occurred. When the judge intervenes in its application anCivil Matters — Volume 10 · Source page
  47. Principle 2414The financial sanction imposed by the contracting parties to secure performance of their agreement is considered agreed compensation. The implication thereof. - The judge's authority to reduce agreed compensation. Its prCivil Matters — Volume 10 · Source page
  48. Principle 2415After its rescission, a contract cannot serve as a basis for compensation. - A penalty clause is not confined to contractual liability. An example.Civil Matters — Volume 10 · Source page
  49. Principle 2416The criterion for not being bound, when assessing compensation, by the amount of the penalty clause agreed upon in the contract is that the contracting party that failed to perform its obligation or part thereof committeCivil Matters — Volume 10 · Source page
  50. Principle 2419Delay penalties in works contracts. Their treatment as a penalty clause or agreed compensation. The implication thereof. Their subjection to the trial court’s control as to entitlement and assessment.Civil Matters — Volume 10 · Source page
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