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. عقد بيع السيارة والشاحنة

    Principle 2648Reciprocal obligations in a contract binding on both parties. Due for performance at the same time. Effect thereof. Each contracting party may refrain from performing his obligation if the other contracting party refrainCivil Matters — Volume 10 · Source page ٤٨٨
  2. Principle 2649Rescission of the contract extinguishes the penalty clause contained therein. The consequence thereof: the judge may assess compensation against the contracting party in default of his obligation. Example of rescission oCivil Matters — Volume 10 · Source page ٤٨٨
  3. Principle 2651The seller’s obligation to deliver the thing sold. Due immediately upon completion of the contract unless another date is agreed upon or the nature of the thing sold or custom requires the passage of a specified period fCivil Matters — Volume 10 · Source page ٤٨٨

  4. العقد الرسمي

    Principle 2653A business establishment. Its inclusion of tangible and intangible elements. Their nature. Sale of the establishment limited to some of these elements. Its treatment as a sale of the commercial establishment. Its conditiCivil Matters — Volume 10 · Source page ٤٨٩

  5. العقد الزمني

    Principle 2655A continuing contract. Its termination by notice and unilateral will pursuant to its provisions puts an end only to future effects. Its implication. Termination does not impair the contract itself or its existence, nor eCivil Matters — Volume 10 · Source page ٤٩٠
  6. Principle 2656The effect of nullity does not extend to the past in contracts of continuing performance. The reason for this. What has been performed cannot be restored.Civil Matters — Volume 10 · Source page ٤٩٠
  7. Principle 2657The issuance of a contract for operating commercial premises to persons other than those whom the legislature exclusively vested with the right to operate them. Its effect. Absolute nullity. The implication of this nulliCivil Matters — Volume 10 · Source page ٤٩٠
  8. Principle 2658Expiry of contracts of duration upon the end of their term. Has effect only from the time it occurs, and the effects produced by the contract throughout its effective period remain subject to the provisions agreed thereiCivil Matters — Volume 10 · Source page ٤٩٠

  9. العقد المستمر

    Principle 2660Nullity of a contract of successive performance, such as a lease. Its effect. The lessor must be compensated for the benefit enjoyed by the lessee before nullity was declared. The reason for this. The continuing contractCivil Matters — Volume 10 · Source page ٤٩١

  10. العقد المنُجز

    Principle 2663Rescission or automatic dissolution of a contract. The general rule is that it restores the contracting parties to the position they were in upon its conclusion. The exception. Continuing contracts. The reason therefor: Civil Matters — Volume 10 · Source page ٤٩١

  11. العقد المضاف لما بعد الموت

    Principle 2664An immediately effective disposition. Valid whether it is a sale or a gift disguised as a sale contract satisfying its legal form. - 491 - Obligation - Legal dispositions undertaken by the agent before the principal’s deCivil Matters — Volume 10 · Source page ٤٩١

  12. العقد بالنموذج

    Principle 2666The statutes of the Fellowship Fund. A standard-form contract governed in its application by its provisions. Their absence of restrictions or time limits for claiming the assistance prescribed for its members. ImplicatioCivil Matters — Volume 10 · Source page ٤٩٢

  13. العقد غير محدد المدة

    Principle 2667The statutes of the fellowship fund. Their nature. A standard-form contract drawn up by the union. The effect thereof. These statutes are subject, in their application, to the rules contained therein. - Absence from the Civil Matters — Volume 10 · Source page ٤٩٢

  14. عقد الاتفاق على شرط التحكيم

    Principle 2668Either party to a contract of indefinite duration may unilaterally end its relationship with the other contracting party. - 492 - Obligation This right is restricted only by prior notice within the agreed time. No speciaCivil Matters — Volume 10 · Source page ٤٩٢
  15. Principle 2669Jurisdiction to adjudicate all disputes belongs to the courts. The exception. Agreement between the litigants to refer any dispute arising between them concerning performance of a particular contract to an arbitrator or Civil Matters — Volume 10 · Source page ٤٩٣
  16. Principle 2670Arbitration is a contract concluded by offer and acceptance. - Contracts concluded after the entry into force of Laws 11 of 1995 and 26 of 1995. Interested parties and enterprises established in free zones may agree to sCivil Matters — Volume 10 · Source page ٤٩٣
  17. Principle 2671The general rule is that a litigant's recourse to the courts in a matter agreed to be referred to arbitration violates the rules of functional jurisdiction. Such jurisdiction does not pertain to public policy. The reasonCivil Matters — Volume 10 · Source page ٤٩٣
  18. Principle 2672The arbitrator’s jurisdiction. Derived from the litigants’ agreement to appoint him as arbitrator. - Conclusion of an arbitration agreement by a person acting as representative of another. It must be under a special, notCivil Matters — Volume 10 · Source page ٤٩٤
  19. Principle 2673A joint-stock company. Its board of directors is competent to manage it. The consequence thereof. The chairman of the board of directors and the other members are agents of the board of directors and of the general meetiCivil Matters — Volume 10 · Source page ٤٩٤
  20. Principle 2674An arbitration agreement may take the form of a submission agreement concluded after the dispute has arisen or a clause concerning disputes that may arise in the future. The law does not require a particular form for an Civil Matters — Volume 10 · Source page ٤٩٤
  21. Principle 2675The arbitrator’s nonacceptance of arbitration. Has no effect on the continued existence of the arbitration agreement. - 494 - ObligationCivil Matters — Volume 10 · Source page ٤٩٤

  22. عقد الإذعان

    Principle 2676Arbitration is an exceptional means of resolving disputes, founded on departure from ordinary methods of litigation. The arbitral body's jurisdiction to hear the dispute derives directly from the parties' agreement and iCivil Matters — Volume 10 · Source page ٤٩٥
  23. Principle 2677Contracts of adhesion. Their conditions. Duress in contracts of adhesion. Not a defect of consent.Civil Matters — Volume 10 · Source page ٤٩٥
  24. Principle 2678Contracts of adhesion. The three characteristics distinguishing them. An example of what is not considered a contract of adhesion.Civil Matters — Volume 10 · Source page ٤٩٥
  25. Principle 2679The 3 characteristics distinguishing adhesion contracts from others. The nature of those characteristics. - Absence of adhesion in the acknowledgment voluntarily signed by the appellant with the intention of benefiting fCivil Matters — Volume 10 · Source page ٤٩٥

  26. عقد الاستثمار من الباطن

    Principle 2681Contracts of adhesion. They are distinguished from others by the conjunction of three conditions. The nature of those conditions. First, they concern goods or - 495 - Obligation utilities considered necessities for consuCivil Matters — Volume 10 · Source page ٤٩٥
  27. Principle 2682State-owned industrial plots. Are not considered public property but form 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 direcCivil Matters — Volume 10 · Source page ٤٩٦
  28. Principle 2683Prohibiting the original investor from subletting the premises. A right established in the interest of the investment licensor. His waiver of the requirement of notice before subletting. Its effect. He may not rescind thCivil Matters — Volume 10 · Source page ٤٩٦

  29. عقد الاشتراط

    Principle 2685A contracting party's assumption, on his own behalf, of specific obligations which he undertakes to perform for a third party. Permissible. It is permissible for that person not to be specifically identified at the time Civil Matters — Volume 10 · Source page ٤٩٧
  30. Principle 2686Stipulation for the benefit of a third party. What it permits a person to do when contracting on his own behalf and the consequences thereof. - The beneficiary of the stipulation contract may be a person not individuallyCivil Matters — Volume 10 · Source page ٤٩٧
  31. Principle 2687A person contracting on his own behalf may assume obligations that he undertakes to perform for a third party. The effect thereof. The beneficiary of the stipulation may enforce his right by a direct action.Civil Matters — Volume 10 · Source page ٤٩٧
  32. Principle 2688Stipulation for the benefit of a third party. Its nature. An agreement by a person contracting on his own behalf with the person with whom he contracts that the latter shall assume specified obligations which he undertakCivil Matters — Volume 10 · Source page ٤٩٧

  33. عقد البيع

    Principle 2689A person contracting on their own behalf. That person may agree with the other contracting party that the latter shall assume certain obligations which it undertakes to perform for a third person, the beneficiary or reciCivil Matters — Volume 10 · Source page ٤٩٧
  34. Principle 2690The final contract, rather than the preliminary contract, is the law of the contracting parties by which their relationship is settled. Agreement therein to - 497 - Obligation amend the terms of sale by dropping a conditCivil Matters — Volume 10 · Source page ٤٩٧
  35. Principle 2691Ascertaining the common intention of the contracting parties to determine whether what was paid at the time the sale contract was concluded was part of the price or earnest money implying an option to withdraw from the cCivil Matters — Volume 10 · Source page ٤٩٨
  36. Principle 2692The seller’s refusal to perform his obligation to transfer ownership of the thing sold to the buyer who has taken delivery of it without paying the balance of the price. The judge may order the buyer to pay the price uncCivil Matters — Volume 10 · Source page ٤٩٨
  37. Principle 2693Sale contract. A consensual contract. Its conclusion by a person belonging by nationality to an Arab country for real estate. Permissible. The condition for this. Issuance of a decree granting that person this right. ConCivil Matters — Volume 10 · Source page ٤٩٨
  38. Principle 2695The sale of another's property is unenforceable against the true owner unless the owner ratifies it. - A contract for the sale of another's property is voidable.Civil Matters — Volume 10 · Source page ٤٩٨
  39. Principle 2696An action for the validity and enforceability of a sale contract. The court’s authority therein. Extends to examining the contract’s subject matter, scope and enforceability. Its scope. Encompasses all grounds raised conCivil Matters — Volume 10 · Source page ٤٩٨
  40. Principle 2697Failure to specify a particular price for the thing sold in the sale contract where it is known to both parties. Does not invalidate the contract and has no effect on its validity.Civil Matters — Volume 10 · Source page ٤٩٨
  41. Principle 2698Absence of the agreed description in the thing sold. Its effect. The purchaser's option between rescinding the contract or maintaining it, with compensation in either case. - 498 - Obligation - The mere absence, at the tCivil Matters — Volume 10 · Source page ٤٩٨
  42. Principle 2699A difference in the category of the goods agreed upon with the seller. Reference in this regard is to the agreement concluded between the parties or to commercial custom. - The Commercial Code’s provisions on commercial Civil Matters — Volume 10 · Source page ٤٩٩
  43. Principle 2700The seller's ratification of a sale made on the seller's behalf. The scope of the retroactive effect of this ratification.Civil Matters — Volume 10 · Source page
  44. Principle 2701The seller’s obligation to deliver the thing sold is due immediately upon completion of the contract unless its parties agree upon another date, except where custom or the nature of the thing sold requires a period to elCivil Matters — Volume 10 · Source page
  45. Principle 2702Delivery of the thing sold occurs by removing impediments between the buyer and the thing sold, by placing it at his disposal so that he can take possession of it and benefit from it without hindrance, even if he has notCivil Matters — Volume 10 · Source page
  46. Principle 2703Warranty against latent defects in the thing sold. Extends to all contracts transferring ownership or enjoyment. Rationale therefor. Example concerning the application of this warranty to a supply contract.Civil Matters — Volume 10 · Source page
  47. Principle 2705A contract for the sale of a business. It need not include all its necessary elements or be made by the owner of the real estate or the operator of the plot. Inclusion of its essential elements for carrying on its activiCivil Matters — Volume 10 · Source page
  48. Principle 2706Sale on trial. Its nature. The general rule is that it must be expressly stipulated in the contract and that the trial must take place within a reasonable period. The seller’s and purchaser’s silence as to specifying theCivil Matters — Volume 10 · Source page
  49. Principle 2708An action under the warranty against defects. Its limitation period. One year from the date of delivery of the thing sold. The buyer’s knowledge of the defect after its expiry. Has no effect unless otherwise agreed.Civil Matters — Volume 10 · Source page
  50. Principle 2709A sale contract. A reciprocal contract. Its effect on its contracting parties. - The seller’s collection of the price stipulated in the sale contract shall be in accordance with what its contracting parties agreed upon.Civil Matters — Volume 10 · Source page
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