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. الشرط الجزائي

    Principle 2420The penalty clause lapses upon the lapse of the principal obligation. The reason: it is an obligation accessory to the latter. - The contracting parties’ determination of the amount of compensation in the event of rescisCivil Matters — Volume 10 · Source page ٤٤٧
  2. Principle 2421It is permissible to agree in advance to determine the amount of compensation ultimately binding on the debtor upon breach of its obligations to redress the damage sustained by the creditor. The debtor's success in proviCivil Matters — Volume 10 · Source page ٤٤٨

  3. التقايل عن العقد

    Principle 2422A penalty clause or agreed compensation. It is an agreement in advance assessing the compensation due when the debtor breaches his obligation. The existence of this clause. Its effect: a presumption that the compensationCivil Matters — Volume 10 · Source page ٤٤٨
  4. Principle 2423Mutual rescission of a contract may be by express or implied offer and acceptance. Implied mutual rescission must be inferred on a reasonable basis.Civil Matters — Volume 10 · Source page ٤٤٨
  5. Principle 2424A contract of successive performance. Its unilateral termination by notice pursuant to its provisions puts an end only to future effects. Its implication. Termination does not prejudice the contract itself or its existenCivil Matters — Volume 10 · Source page ٤٤٨
  6. Principle 2425Mutual cancellation by the contracting parties. Takes the legal effect of rescission. Its effect. Dissolution of the contract retroactively. Impossibility of that. Compensation may be awarded.Civil Matters — Volume 10 · Source page ٤٤٩
  7. Principle 2426Mutual rescission of the contract. Express mutual rescission and implied mutual rescission. Article 217 of the Civil Code. - Inferring mutual rescission and arriving at an understanding of the facts of the case. Within tCivil Matters — Volume 10 · Source page ٤٤٩
  8. Principle 2427Mutual rescission of a contract. It may be by express or implied offer and acceptance. Inferring implied mutual rescission, ascertaining the facts of the case, assessing evidence and drawing presumptions. Matters of factCivil Matters — Volume 10 · Source page ٤٤٩
  9. Principle 2428Inferring the occurrence of an agreement to terminate the contract by mutual consent. A factual matter independently determined by the trial court without review. The condition for this.Civil Matters — Volume 10 · Source page ٤٤٩
  10. Principle 2430Mutual rescission of a contract may be express or implied. Inferring agreement to implied mutual rescission is a matter independently determined by the court of merits.Civil Matters — Volume 10 · Source page ٤٤٩
  11. Principle 2431Mutual rescission of a contract is effected by express or implied offer and acceptance. Assessment of its occurrence. Within the authority of the court of fact, provided it is reasonable.Civil Matters — Volume 10 · Source page ٤٤٩
  12. Principle 2432Mutual rescission as a ground for dissolution of a contract. Its basis. The parties’ delay in setting aside and eliminating the contract after its valid and effective conclusion. Condition for the validity of mutual rescCivil Matters — Volume 10 · Source page ٤٤٩
  13. Principle 2433Mutual cancellation of a contract may be implied as well as express. Inferring it. Within the authority over the merits, provided the inference is reasonable.Civil Matters — Volume 10 · Source page ٤٥٠
  14. Principle 2434Mutual cancellation of a contract. It may be express or implied. Inferring that agreement upon it occurred. A matter for the court of merits.Civil Matters — Volume 10 · Source page ٤٥٠
  15. Principle 2436Mutual cancellation. Its nature. Its completion through offer and acceptance between the parties after conclusion of the contract. An example.Civil Matters — Volume 10 · Source page ٤٥٠
  16. Principle 2437The general rule is that contracts are binding. Agreement to discharge and mutually rescind the contract is permissible. Mutual rescission of the contract may be by express or implied offer and acceptance. Inferring mutuCivil Matters — Volume 10 · Source page ٤٥٠
  17. Principle 2438Inferring whether an assignment exists or not and the contracting parties' intention mutually to cancel it. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٤٥٠
  18. Principle 2439Mutual rescission of a contract. Agreement thereto is by express or implied offer and acceptance. - Inferring implied mutual rescission, ascertaining the facts, assessing evidence and drawing presumptions. Within the triCivil Matters — Volume 10 · Source page ٤٥٠
  19. Principle 2441Mutual rescission occurs through the express or implied agreement of both parties to eliminate the contract after its conclusion. The reason therefor. The contract is the creation of the contracting parties’ will, and whCivil Matters — Volume 10 · Source page ٤٥٠
  20. Principle 2442Agreement on mutual cancellation of the contract. Permissible by implied offer and acceptance. Article 217 Civil Code. - Inferring the contracting parties' agreement on implied mutual cancellation, ascertaining the factsCivil Matters — Volume 10 · Source page ٤٥١
  21. Principle 2443An agreement mutually to cancel a contract. May be made by express or implied offer and acceptance. Inferring implied mutual cancellation. Within the authority of the court of merits. Its condition. - Inferring whether tCivil Matters — Volume 10 · Source page ٤٥١
  22. Principle 2444The general rule is that contracts are binding. The consequence thereof: neither contracting party may unilaterally rescind the contract without the other's consent. Agreement to terminate the contract and mutually resciCivil Matters — Volume 10 · Source page ٤٥١
  23. Principle 2446Mutual rescission in contracting. Its effect. Extinction of the contract as between the contracting parties for the past and the future. It is deemed a new contract in relation to third parties. Its implication. This effCivil Matters — Volume 10 · Source page ٤٥١
  24. Principle 2447Mutual cancellation of a contract. Its nature: an agreement by its parties, after its conclusion and before its expiry, to cancel it by express or implied offer and acceptance. - The party asserting that mutual cancellatCivil Matters — Volume 10 · Source page ٤٥٢
  25. Principle 2448Cancellation or mutual cancellation as a cause of dissolution of a contract. What is meant thereby: the parties' mutual consent to undo and remove the contract after its valid and effective conclusion. Its condition. ConCivil Matters — Volume 10 · Source page ٤٥٢
  26. Principle 2449Mutual cancellation of a contract is the parties' mutual agreement to dissolve and eliminate it after its conclusion. Mutual cancellation may be express or implied. Inferring whether it occurred and whether agency existeCivil Matters — Volume 10 · Source page ٤٥٢
  27. Principle 2450Mutual cancellation. Its effect. Dissolution of the contract between the contracting parties with retroactive effect, and their return to the position they occupied before the contract. Article 217/1 of the Civil Code.Civil Matters — Volume 10 · Source page ٤٥٢
  28. Principle 2451Agreement to rescind the contract by mutual consent. It may be effected through implied offer and acceptance. Inferring the implied agreement, understanding the facts of the action, and assessing its evidence. For the coCivil Matters — Volume 10 · Source page ٤٥٢
  29. Principle 2452Mutual rescission of the contract as a cause of its dissolution. Its meaning: the parties’ mutual consent to dissolve and eliminate it after its valid and effective conclusion. Its condition. That mutual consent occur afCivil Matters — Volume 10 · Source page ٤٥٢

  30. وقف العقد وانقضاؤه

    Principle 2453Agreement to rescind the contract by mutual consent. It may be effected through implied offer and acceptance. Article 217, Civil Code. - Inferring the contracting parties' agreement to implied mutual rescission or its abCivil Matters — Volume 10 · Source page ٤٥٣
  31. Principle 2454The surety's notice to the creditor, when the debt falls due, to take proceedings against the debtor within three months from the date of notice. The creditor's failure to take proceedings. Effect thereof. Extinction of Civil Matters — Volume 10 · Source page ٤٥٣
  32. Principle 2455Protection of third parties acting in good faith from the grave harm that may result from annulment or rescission of a contract of those from whom they derive the right. A rule applicable by analogy to every other similaCivil Matters — Volume 10 · Source page ٤٥٣
  33. Principle 2456A lease falling outside the provisions of Law 35/1985. Its implication is that the Civil Code applies to it. - A fixed-term contract ends upon expiry of its term. Unless its extension is agreed upon.Civil Matters — Volume 10 · Source page ٤٥٣
  34. Principle 2457Agreement by the parties to a contract that it shall renew automatically unless either notifies the other of his unwillingness to renew a specified period before its expiry. Notification by either party of his intention Civil Matters — Volume 10 · Source page ٤٥٣
  35. Principle 2459Notice to vacate by which a lease ends. Its nature. An expression of the will of one party to the contract to terminate it. Its condition. It must include an unambiguous indication of the desire to regard the contract asCivil Matters — Volume 10 · Source page ٤٥٤
  36. Principle 2460End-of-service gratuity. Calculated on the basis of years of service. The multiplicity of employment contracts does not alter this. The condition thereof. The worker's period of service must continue without interruptionCivil Matters — Volume 10 · Source page ٤٥٤
  37. Principle 2461State-owned industrial plots. They are not considered public property but rather part of the State's private property. The effect thereof: the State's approval of the allottee's assignment of the industrial plot creates Civil Matters — Volume 10 · Source page ٤٥٤
  38. Principle 2462The Iraqi invasion. Does not constitute force majeure. Its implication. The contract is not dissolved by reason of it. The meaning thereof. Temporary suspension of the contract between its parties until the aggression ceCivil Matters — Volume 10 · Source page ٤٥٤
  39. Principle 2463The Iraqi invasion. Its characterization as force majeure does not result in automatic dissolution of the contract. Suspension of its performance. The reason therefor. Impossibility of performance is temporary. Its impliCivil Matters — Volume 10 · Source page ٤٥٥
  40. Principle 2464An urgent judgment staying enforcement of the authentic contract constituting the debt instrument in respect of which the travel-ban order was issued, owing to a dispute between the parties to the contract over the amounCivil Matters — Volume 10 · Source page ٤٥٥
  41. Principle 2465Expiry of contracts of successive performance upon the end of their term. Has effect only from the time it occurs, and the effects produced by the contract throughout its period of operation remain subject to the provisiCivil Matters — Volume 10 · Source page ٤٥٥
  42. Principle 2466The State's approval of the allottee's assignment of the industrial plot. Its effect. The creation of a direct relationship between it and the new beneficiary without the assignor's intermediation. The consequence thereoCivil Matters — Volume 10 · Source page ٤٥٥
  43. Principle 2467Expiry of the lease contract. Its effect. Buildings or plantings made by the lessee on the leased property are inevitably destined for severance. The condition for this. Article 598 of the Civil Code. - Amendment of the Civil Matters — Volume 10 · Source page
  44. Principle 2468Industrial plots are considered State assets falling within its private ownership. Their subjection to the provisions of private law. Dealings concerning them follow the same pattern as dealings between individuals. If tCivil Matters — Volume 10 · Source page
  45. Principle 2469Expiry of the lease. Its necessary consequence. Any buildings, plantings or other improvements made by the lessee to the leased premises are inevitably destined for severance unless otherwise agreed. Article 598 Civil CoCivil Matters — Volume 10 · Source page
  46. Principle 2470An undisclosed partnership. Is dissolved by the same means by which partnerships are dissolved, including dissolution by operation of law if the number of partners falls below two. Article 185/Companies Law.Civil Matters — Volume 10 · Source page
  47. Principle 2471State-owned industrial plots. They are not considered public property but are part of the State’s private property. The effect thereof: the State’s approval of the allottee’s assignment of the industrial plot creates a dCivil Matters — Volume 10 · Source page
  48. Principle 2472Rescission of contracts binding on both parties. It occurs only by a judicial judgment or by agreement of the parties. The judge may grant or refuse the request for rescission according to whether its conditions are showCivil Matters — Volume 10 · Source page
  49. Principle 2473The effect of rescission or automatic dissolution of the contract. Restoring the situation to what it was before the contract.Civil Matters — Volume 10 · Source page
  50. Principle 2474Assessment of compensation for termination of a fixed-term employment contract. Within the trial court’s authority, provided it has adhered to the parameters stipulated in Article 53 of the Private Sector Labour Law.Civil Matters — Volume 10 · Source page
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