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. فسخ العقد

    Principle 2530Rescission or invalidity of a sale contract for a cause attributable to the seller. Requiring him to return the price he received. His good or bad faith is disregarded in this respect. - The agent's sale of the land he wCivil Matters — Volume 10 · Source page ٤٦٥
  2. Principle 2531An express rescission clause. A prior agreement between the parties that the contract shall be rescinded automatically upon failure to fulfil the obligations arising from it. Its effect. Depriving the judge of discretionCivil Matters — Volume 10 · Source page ٤٦٥
  3. Principle 2532An action for rescission due to a shortfall or excess in the thing sold. It is time-barred upon the lapse of one year from delivery. Other actions for rescission due to a contracting party’s breach of his obligations ariCivil Matters — Volume 10 · Source page ٤٦٦
  4. Principle 2533Failure by one contracting party in contracts binding on both parties to perform his obligation when due. The other contracting party may, after formally placing him in default, ask the judge to rescind the contract. - ACivil Matters — Volume 10 · Source page ٤٦٦
  5. Principle 2534Acts emanating from public authorities, including decisions issued by the administrative authority, which result in depriving the lessee of enjoyment of the leased premises or impairing such enjoyment. Constitute force mCivil Matters — Volume 10 · Source page ٤٦٦
  6. Principle 2535The seller's obligation to deliver the thing sold with the description agreed upon in the contract. Absence of that description. The purchaser has the option of rescinding the contract or maintaining it, with compensatioCivil Matters — Volume 10 · Source page ٤٦٦
  7. Principle 2536A contracting party’s right to seek rescission based on the other contracting party’s default. Its condition: that he has performed his obligation or demonstrated his readiness to perform it. Breach by each contracting pCivil Matters — Volume 10 · Source page ٤٦٦
  8. Principle 2537Assessment of the grounds for rescinding the contract and their sufficiency or insufficiency. Within the authority of the judge of merits. Its condition. - 466 - Obligation - An implied rescission clause. Does not necessCivil Matters — Volume 10 · Source page ٤٦٦
  9. Principle 2538The absence from the sale contract of a provision for rescission as a sanction for either party’s breach of any obligation stipulated therein. Its effect. Recourse to the general rules of judicial rescission and applicatCivil Matters — Volume 10 · Source page ٤٦٧
  10. Principle 2539Extinctive prescription. Its interruption by a judicial claim constituting an unequivocal demand for the right sought to be enforced. Its effect. A statement of claim filed in respect of a right interrupts prescription oCivil Matters — Volume 10 · Source page ٤٦٧
  11. Principle 2540Agreed rescission occurs by virtue of the agreement. An express resolutory clause effects rescission automatically upon breach of the obligation. An implied resolutory clause. Its effect. Rescission is subject to the judCivil Matters — Volume 10 · Source page ٤٦٧
  12. Principle 2541An express resolutory condition necessarily requires rescission and deprives the judge of all discretion. Its effects must be applied once the judge ascertains that the breach warranting it has occurred, without the debtCivil Matters — Volume 10 · Source page ٤٦٧
  13. Principle 2542A claim for rescission based on the default of one contracting party is not a right of the other contracting party unless he has performed his obligation or demonstrated his readiness to perform it. The challenged judgmeCivil Matters — Volume 10 · Source page ٤٦٨
  14. Principle 2543A request by either spouse for annulment of the marriage. Its condition. The existence of an entrenched defect in the other marriage among repulsive or harmful defects. Either party’s knowledge of the defect before the cCivil Matters — Volume 10 · Source page ٤٦٨
  15. Principle 2544An employment contract of indefinite duration. May be terminated, in the case of workers hired at a monthly wage, after giving the other party notice fifteen days before terminating the contract. - The notice period. It Civil Matters — Volume 10 · Source page ٤٦٨
  16. Principle 2545A request to rescind a contract binding on both parties because one contracting party has failed to perform its obligation. Its condition: the applicant must be ready to perform its obligation and capable of restoring thCivil Matters — Volume 10 · Source page ٤٦٨
  17. Principle 2546Total destruction of the leased property. Its effect. Automatic dissolution of the lease. It makes no difference whether the destruction results from force majeure or the fault of the landlord, the tenant, or a third parCivil Matters — Volume 10 · Source page ٤٦٩
  18. Principle 2547A claim for rent. Its difference from a claim to determine liability for destruction of the leased property. Failure to assert the second claim firmly and expressly before the court of first instance. It is deemed a new Civil Matters — Volume 10 · Source page ٤٦٩
  19. Principle 2550The seller's failure to perform his contractual obligation to transfer ownership of the sold real property to the purchaser where he does not own it or - 469 - Obligation part thereof. Breach of a contractual obligation.Civil Matters — Volume 10 · Source page ٤٦٩
  20. Principle 2551A request for dissolution of the marriage contract for a defect. Permissible for either spouse. Its condition. That one finds in the other an entrenched defect among the repellent or harmful defects that prevent sexual eCivil Matters — Volume 10 · Source page ٤٧٠
  21. Principle 2552One contracting party's failure, in contracts binding on both parties, to discharge its obligation when due. Its effect. The other contracting party may request the judge to rescind the contract after formally notifying Civil Matters — Volume 10 · Source page ٤٧١
  22. Principle 2553Rescission of the contract may not be invoked against the particular successor of either contracting party where that successor acquired its right for consideration and in good faith, in that, at the time of the dispositCivil Matters — Volume 10 · Source page ٤٧١
  23. Principle 2554The seller's warranty against latent defects and his warranty of the description of the thing sold. The legislature distinguished between them. It devoted a specific provision to the latter, making the contract the basisCivil Matters — Volume 10 · Source page ٤٧١
  24. Principle 2555The employer's obligation to pay compensation in lieu of notice upon termination of an indefinite-term employment contract. Its condition. Failure to observe the period prescribed in Article 53 of Law 38/1964 before termCivil Matters — Volume 10 · Source page ٤٧١
  25. Principle 2556A contracting party may seek rescission of the contract after serving notice on the other contracting party in contracts binding on both parties. The condition thereof: If the contracting party fails to fulfil its obligaCivil Matters — Volume 10 · Source page ٤٧٢
  26. Principle 2557Existence of an express resolutory condition in contracts binding on both parties. Its effect. Depriving the judge of all discretion regarding rescission. The condition for this. The existence of this condition and no abCivil Matters — Volume 10 · Source page ٤٧٢
  27. Principle 2558The express resolutory condition is a prior agreement between the parties that the contract shall be automatically rescinded upon non-performance of the obligations arising from it. Its effect. Depriving the judge of hisCivil Matters — Volume 10 · Source page ٤٧٢
  28. Principle 2559Including in an administrative contract the sanction of rescission for breach of the obligations arising from it. This reiterates the general rule on rescission, under which this measure occurs for failure by either partCivil Matters — Volume 10 · Source page ٤٧٢
  29. Principle 2560Agreement on an express rescission clause. It does not prevent the trial court from assessing the existence of its grounds, the circumstances preventing its application and all disputes relating to it. Establishment thatCivil Matters — Volume 10 · Source page ٤٧٣

  30. سلطة محكمة الموضوع في تقدير مبررات الفسخ

    Principle 2561Arrival of the rent due date. The lessor must go to the lessee’s domicile to demand payment unless an agreement or custom provides otherwise. His failure to do so and the lessee’s insistence that payment be made at his dCivil Matters — Volume 10 · Source page ٤٧٣
  31. Principle 2565Impossibility of performing the obligation of one of the contracting parties owing to an extraneous cause beyond his control. Its effect. Extinguishment of the reciprocal obligation and the contract being emptied of its Civil Matters — Volume 10 · Source page ٤٧٤
  32. Principle 2566In contracts binding on both parties. Their being deemed rescinded for impossibility of performance. Does not preclude the debtor's liability for compensation if the impossibility arose through his fault. Once the creditCivil Matters — Volume 10 · Source page ٤٧٤
  33. Principle 2567Total destruction of the leased property during the period for which rent is claimed, for a reason attributable to neither contracting party. Its consequence. The lease is dissolved by operation of law because its subjecCivil Matters — Volume 10 · Source page ٤٧٤
  34. Principle 2568Automatic dissolution of the contract. Its effect. The seller’s obligation to return to the purchaser the price he received.Civil Matters — Volume 10 · Source page ٤٧٤
  35. Principle 2569The impossibility that leads to dissolution of the contract. Its condition. What is not considered such impossibility. - Assessment of the justifications for rescinding the contract and the sufficiency or insufficiency oCivil Matters — Volume 10 · Source page ٤٧٤
  36. Principle 2570Impossibility of performance due to force majeure resulting in automatic dissolution of the contract and extinction of the obligations arising from it. Its scope. That the contract be in existence at the time the extraneCivil Matters — Volume 10 · Source page ٤٧٤
  37. Principle 2572The subject matter of an obligation. It must be capable of performance. The debtor’s undertaking of an impossibility. Its effect. Its nullity and the nullity of the contract intended to create it. - 474 - Obligation - ObCivil Matters — Volume 10 · Source page ٤٧٤
  38. Principle 2574The Iraqi invasion. Does not result in automatic termination of the employment contract between its parties. It suspends its performance. The reason for this. The impossibility of performance is temporary. The implicatioCivil Matters — Volume 10 · Source page ٤٧٥
  39. Principle 2575Termination of the contract for works owing to impossibility of performance for a reason attributable to neither party. The effect thereof. The obligations of both parties are extinguished and the contract for works is rCivil Matters — Volume 10 · Source page ٤٧٥
  40. Principle 2576Rescission or automatic dissolution of the contract. The general rule is that it restores the contracting parties to the position they occupied when it was concluded. The exception. In continuing contracts, rescission haCivil Matters — Volume 10 · Source page ٤٧٥
  41. Principle 2578Automatic rescission of the contract. Its effect. Restoring the contracting parties to the position they occupied before the contract. The exception. Contracts of duration, including leases. The reason: time in them is iCivil Matters — Volume 10 · Source page ٤٧٥
  42. Principle 2580Destruction of the leased property. Its effect. Dissolution of the lease by operation of law. The lessor's claim for rent for the period following destruction. Has no basis.Civil Matters — Volume 10 · Source page ٤٧٦
  43. Principle 2581The employer may dismiss a worker without notice and end-of-service gratuity if he commits an act contrary to morals at the workplace. The worker’s defence that the employer violated the concluding provision of Article 5Civil Matters — Volume 10 · Source page
  44. Principle 2582Contracts concluded by the bankrupt before the judgment declaring his bankruptcy is rendered. They are not dissolved merely by the rendering of that judgment unless the bankrupt's identity was of particular importance inCivil Matters — Volume 10 · Source page
  45. Principle 2583The implied resolutory condition and the express resolutory condition. The rule governing each. The court’s authority in relation to them.Civil Matters — Volume 10 · Source page
  46. Principle 2584Gross disparity coupled with deception gives the disadvantaged party the option to rescind the contract during his lifetime only.Civil Matters — Volume 10 · Source page
  47. Principle 2585A request for rescission of the contract pursuant to Article 172 of the former Commercial Law No. 2/1962. Granting or refusing it falls within the authority of the court of merits so long as its conclusion is sound. - 47Civil Matters — Volume 10 · Source page
  48. Principle 2586Sale of another’s property. The purchaser’s right to rescind or annul it. His request for rescission precludes him from claiming compensation from the seller acting in good faith. The reason therefor. Establishment of thCivil Matters — Volume 10 · Source page
  49. Principle 2587Contractual rescission occurs only by agreement. - A resolutory clause does not necessarily entail rescission merely upon breach of an obligation unless its wording expressly and unequivocally indicates the contracting pCivil Matters — Volume 10 · Source page
  50. Principle 2590The express resolutory condition of a contract. Its nature. An agreement by its parties, in express terms, that rescission must occur if either fails to perform its obligations, without the need to institute an action foCivil Matters — Volume 10 · Source page
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