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 الفاسخ الصريح والشرط الفاسخ الضمني

    Principle 2591Express resolutory clause. Its meaning. The contract is rescinded automatically if the debtor breaches his obligation, without the need to bring an action for rescission. Its condition. Its wording must expressly and conCivil Matters — Volume 10 · Source page ٤٧٨
  2. Principle 2592An express rescission clause. A prior agreement between the parties that the contract shall be rescinded automatically upon nonperformance of the obligations arising therefrom. Its effect. Depriving the judge of his discCivil Matters — Volume 10 · Source page ٤٧٨
  3. Principle 2593An express resolutory condition. Necessitates rescission without any discretion on the judge's part, and the debtor cannot avert it by performing his obligation after the breach has occurred. The judge's judgment in thisCivil Matters — Volume 10 · Source page ٤٧٨
  4. Principle 2594An implied resolutory clause. It does not necessarily require rescission merely upon breach of the obligation. Example.Civil Matters — Volume 10 · Source page ٤٧٨
  5. Principle 2595The absence from a sale contract of a provision for rescission as a sanction for either party's breach of any of the obligations stipulated therein. Its effect. Recourse to the general rules on judicial rescission and apCivil Matters — Volume 10 · Source page ٤٧٨
  6. Principle 2596The challenged judgment, affirming the first-instance judgment, concluding that the contract underlying the dispute is a contract for the sale of a car by instalments and applying the express resolutory clause. A sound iCivil Matters — Volume 10 · Source page ٤٧٩
  7. Principle 2597The express resolutory condition. Its nature. - Establishment that the contracting parties' intention was expressly directed toward the express resolutory condition. Its effect. Automatic dissolution of the contract whenCivil Matters — Volume 10 · Source page ٤٧٩

  8. الشرط الواقف

    Principle 2598The express resolutory condition. A prior agreement between the parties that the contract shall be rescinded automatically upon failure to fulfill the obligations arising from it. Its effect. Depriving the judge of his dCivil Matters — Volume 10 · Source page ٤٧٩

  9. تحول العقد

    Principle 2600Conversion of a void contract. Its condition. It must contain the essential elements of another valid contract, and there must be evidence that the contracting parties intended to be bound by the new contract had they reCivil Matters — Volume 10 · Source page ٤٨٠
  10. Principle 2601Conversion of a contract adjudged void into another contract that the contracting parties would have intended had they known of the nullity of the contract they originally intended to conclude. Requesting this for the fiCivil Matters — Volume 10 · Source page ٤٨٠
  11. Principle 2602Conversion of a void contract into another valid contract. Its condition. The elements of the valid contract must exist in the void contract without adding any new element, and the contracting parties’ hypothetical intenCivil Matters — Volume 10 · Source page ٤٨٠

  12. انتقاص العقد

    Principle 2603For a decision converting a company from one legal form to another to become effective, the legislature required its publication in the Official Gazette and in two daily newspapers, the lapse of sixty days from the date Civil Matters — Volume 10 · Source page ٤٨٠
  13. Principle 2604Nullity of part of a contract. Failure by the person asserting the nullity of the entire contract to provide proof that the void part is inseparable from the transaction as a whole. Its effect. The other part of the contCivil Matters — Volume 10 · Source page ٤٨٠

  14. تجزئة العقد

    Principle 2605Establishment of the nullity of part of the contract. Failure by the party alleging it to provide evidence that this part is inseparable from the contract as a whole. Its effect. The contract remains valid and nullity isCivil Matters — Volume 10 · Source page ٤٨١

  15. التعاقد بالعربون

    Principle 2606A legal act composed of divisible parts. A defect affecting one of them. Its effect. Only the defective part falls, not the other parts. Instances thereof. Types of contracts: Contracting with earnest money:Civil Matters — Volume 10 · Source page ٤٨١

  16. العقد الإبتدائي والعقد النهائي

    Principle 2607The general rule concerning earnest money is that it is consideration for exercising the option to withdraw from the contract unless it is agreed that it was paid to confirm the contract's finality. The effect of withdraCivil Matters — Volume 10 · Source page ٤٨١
  17. Principle 2608Regard is had to the final contract, not the preliminary contract, in determining the relationship between its parties.Civil Matters — Volume 10 · Source page ٤٨١
  18. Principle 2609The relationship between the contracting parties is settled by the final sale contract, not the preliminary contract, from the date of its conclusion. - The appellant's allegation of a mistake as to the identity of the pCivil Matters — Volume 10 · Source page ٤٨١
  19. Principle 2610The final contract, rather than the preliminary contract, is what settles the relationship between the parties and alone becomes the law governing the contracting parties from the date of its conclusion. Example of amendCivil Matters — Volume 10 · Source page ٤٨٢

  20. العقد العرفي

    Principle 2611The stages preceding contracting. They produce no legal effect. - The final contract, not the preliminary contract, is that which settles the relationship between the parties and becomes the law of the contracting partieCivil Matters — Volume 10 · Source page ٤٨٢

  21. العقد الشكلي

    Principle 2612The private contract. Binding evidence against its parties as to the particulars recorded therein. The condition thereof: that it be signed with an unmentioned signature. The reason therefor. The formal contract:Civil Matters — Volume 10 · Source page ٤٨٢
  22. Principle 2613Conclusion and amendment of a formal contract are valid only upon fulfilment of the required form. The form imposed by law pertains to public policy. The effect thereof. Limited liability companies. Their contract or itsCivil Matters — Volume 10 · Source page ٤٨٢
  23. Principle 2614Form is not an essential element of a contract unless the law or the contracting parties stipulate otherwise. This applies to agreements arranged by the contract, whether preceding or subsequent. Absence of form. Its effCivil Matters — Volume 10 · Source page ٤٨٢
  24. Principle 2616A formal contract. Neither it nor any amendment thereto is valid unless that form is observed. This concerns public policy. Effect of absence of the form. Non-existence of the contract or its amendment. Any interested peCivil Matters — Volume 10 · Source page ٤٨٣
  25. Principle 2618The legislature's prescription of a particular form for a contract or its amendment. Aimed at a public interest connected with public policy. Absence of the formality. Its effect. Nonexistence of the contract or amendmenCivil Matters — Volume 10 · Source page ٤٨٣
  26. Principle 2619The requirement of formality in a contract. Its implication. The necessity of satisfying it in a contract promising to conclude that contract and in subsequent agreements modifying its effects, unless the law provides orCivil Matters — Volume 10 · Source page ٤٨٣
  27. Principle 2620A contract by which a partner in a limited liability company assigns his share. An official instrument is required, otherwise it is void. This nullity pertains to public policy. Its implication. Everyone is presumed to kCivil Matters — Volume 10 · Source page ٤٨٣
  28. Principle 2621Sale of a business. A formal contract. Authentic form is an essential element thereof. Absence of authentic form. Its effect. Absolute nullity of the contract relating to public policy.Civil Matters — Volume 10 · Source page ٤٨٣
  29. Principle 2622The memorandum of association of a limited liability company. Its conclusion or amendment or the assignment of partners' interests. May be in a single official instrument. The condition for this. - 483 - ObligationCivil Matters — Volume 10 · Source page ٤٨٣
  30. Principle 2623The contract includes the sale of a commercial establishment. Failure to embody it in an official instrument. The sale is void. The nullity does not extend to the establishment's licence so long as it was obtained througCivil Matters — Volume 10 · Source page ٤٨٤
  31. Principle 2624A contract for which the legislature prescribes a special form. Failure thereof. Its effect. Absolute nullity. Exceptions thereto: the principle of stability of transactions, protection of third parties and a person’s noCivil Matters — Volume 10 · Source page ٤٨٤
  32. Principle 2625The memorandum of incorporation of a joint-stock company and the powers of attorney issued by the founders to those whom they appoint to draw up and sign the contract must be drawn up in an official instrument. Failure tCivil Matters — Volume 10 · Source page ٤٨٤
  33. Principle 2626The requirement to draw up the memorandum of incorporation of joint-stock companies, their articles of association, and the power of attorney issued by the founders to third parties in an official instrument. Failure to Civil Matters — Volume 10 · Source page ٤٨٤
  34. Principle 2627Both the memorandum of incorporation and the articles of association of a joint-stock company must be drawn up in an official document. Failure to observe this. Its effect. Nullity. An example. - An agency must satisfy tCivil Matters — Volume 10 · Source page ٤٨٤
  35. Principle 2628The memorandum of incorporation and articles of association of joint-stock companies must be drawn up in an official instrument. The founders’ authorisation of others to conclude the company contract. Its necessary conseCivil Matters — Volume 10 · Source page ٤٨٤
  36. Principle 2629The general rule is that contracts are consensual. Mere mutual consent of the contracting parties suffices for their conclusion. The form of the contract prescribed - 484 - Obligation by law constitutes an essential elemCivil Matters — Volume 10 · Source page ٤٨٤
  37. Principle 2630Official form is necessary for the formation of limited liability companies and for any partner's assignment of his share therein. Failure to complete this. Its effect: nullity. - A void contract does not in itself produCivil Matters — Volume 10 · Source page ٤٨٥
  38. Principle 2631The legislature's imposition of a particular form for a contract. Its implication. It is not valid unless that form is satisfied. The rationale for this and its connection with public policy. Failure to satisfy it. Its eCivil Matters — Volume 10 · Source page ٤٨٥
  39. Principle 2632A void contract. No distinction between it and a voidable contract. - A void contract and a voidable contract. The effect of each in relation to a successor by particular title. The absolute nullity of a contract becauseCivil Matters — Volume 10 · Source page ٤٨٥
  40. Principle 2633The memorandum of association of a limited liability company, an agreement amending it, or an agreement assigning partners’ shares therein. It must be written in an official instrument for the transaction to be constitutCivil Matters — Volume 10 · Source page ٤٨٥
  41. Principle 2634A partner in a limited liability company disposing of his share by assignment. The effectiveness of this assignment against the company and third parties. Its condition. Fulfilment of the formal element therein. The reasCivil Matters — Volume 10 · Source page ٤٨٥
  42. Principle 2635Conversion of a company from one legal form to another. Its necessary requirement. Publication thereof in the Official Gazette and in two daily newspapers, the lapse of sixty days from the date of publication, taking theCivil Matters — Volume 10 · Source page ٤٨٦
  43. Principle 2636The general rule is that contracts are consensual. Mere mutual consent of the contracting parties suffices for their formation. The form of a contract prescribed by law constitutes an essential element of the contract. ICivil Matters — Volume 10 · Source page
  44. Principle 2638A bilaterally binding contract. Determination that one party failed to perform his obligation. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page
  45. Principle 2639A contract binding on both parties. Its parties may seek its rescission if the other fails to fulfill an obligation. Its conditions.Civil Matters — Volume 10 · Source page
  46. Principle 2640Rescission of a contract binding on both parties. Its effect. Restoration of the original state of affairs. The condition therefor. The contracting party seeking rescission must be capable of restoring the state of affaiCivil Matters — Volume 10 · Source page
  47. Principle 2643Impossibility of performance by the seller under a sale contract because the thing sold has passed out of his ownership. Its effect. His liability to return the price and pay damages if the impossibility is attributable Civil Matters — Volume 10 · Source page
  48. Principle 2645In contracts binding on both parties. If one contracting party does not fulfil his obligation when it falls due, the other contracting party may, after serving him with notice, request the judge to rescind the contract. Civil Matters — Volume 10 · Source page
  49. Principle 2646The bringing by one contracting party, in contracts binding on both parties, of an action for rescission of the contract for the other party's failure to fulfil its obligation - 487 - Obligation is deemed to include formCivil Matters — Volume 10 · Source page
  50. Principle 2647Impossibility of performing a contract binding on both parties because the thing sold has passed out of the seller’s ownership to another who registered his contract. Its effect. Its rescission. - The purchaser’s withholCivil Matters — Volume 10 · Source page
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