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. عقد الممارسة والمناقصة والمزايدة

    Principle 2840The Contracts Committee of the Public Ports Corporation. Its award decision creates no right for the successful bidder against the administrative authority issuing the tender if that authority withdraws. The condition thCivil Matters — Volume 10 · Source page ٥٢٨
  2. Principle 2842The tenderer becomes contractually bound only from the date the contract is signed by both parties, whether the tender was conducted by the Central Tenders Committee or the entity owning the project. Notification to the Civil Matters — Volume 10 · Source page ٥٢٨

  3. عقد المقاولة

    Principle 2843The bidder to whom the tender was awarded. Not regarded as a contracting party until the date of signing the contract. The administrative authority has the power to cancel the tender, whether before or after deciding it,Civil Matters — Volume 10 · Source page ٥٢٨
  4. Principle 2844A contracting party’s right to refrain from performing its obligation if the other contracting party does not perform what it undertook. A general rule applicable to both parties to a works contract. - 528 - Obligation -Civil Matters — Volume 10 · Source page ٥٢٨
  5. Principle 2845The contractor is obliged to perform the work in accordance with the terms of the contract for work. Whether or not the contractor has completed the work in this manner is a material fact. It may be established by all meCivil Matters — Volume 10 · Source page ٥٢٩
  6. Principle 2848The contractor's performance of his obligation in a defective manner or contrary to the contract. Its effect. The employer's right, after formally notifying him, to rescind the contract or obtain judicial authorization tCivil Matters — Volume 10 · Source page ٥٢٩
  7. Principle 2850A contractor's obligation to erect a building. An obligation to achieve a result. When he is discharged from it. What is insufficient in this regard. - 529 - ObligationCivil Matters — Volume 10 · Source page ٥٢٩
  8. Principle 2851The direct action and preferential right accorded to the subcontractor against the principal contractor. Their limits: what is due to the principal contractor from the employer. The condition for this: he must owe a debtCivil Matters — Volume 10 · Source page ٥٣٠
  9. Principle 2852The contractor’s liability for completing the work within the agreed period. When it has no application. - Determining the existence or absence of fault by the employer that excludes the contractor’s liability for delay Civil Matters — Volume 10 · Source page ٥٣٠
  10. Principle 2853The subcontractor’s direct action against the employer to claim what is owed to him by the main contractor. Its limits. - Payment by the employer discharging his liability towards the main contractor. Its condition. ThatCivil Matters — Volume 10 · Source page ٥٣٠
  11. Principle 2854The contractor may entrust performance of all or part of the work to a subcontractor if no contractual condition prohibits him from doing so or if the nature of the work is such that the contractor’s identity is materialCivil Matters — Volume 10 · Source page ٥٣٠
  12. Principle 2855The subcontractor may bring an action against the employer for a judgment requiring him to pay the subcontractor's entitlements to default interest owed by the principal contractor. The basis thereof. Article 982 Civil CCivil Matters — Volume 10 · Source page ٥٣٠
  13. Principle 2856Delay penalties in the field of contracts for works. Their nature. - 530 - ObligationCivil Matters — Volume 10 · Source page ٥٣٠
  14. Principle 2857A subcontractor has a direct action against the employer for what is due to it from the main contractor. The condition thereof. That the employer owes the main contractor a debt arising from the contract for works. - IssCivil Matters — Volume 10 · Source page ٥٣١
  15. Principle 2860Building and construction contracts concluded on the basis of an estimated bill of quantities in which the quantities of the various works are approximately estimated and the consideration for each unit of these works isCivil Matters — Volume 10 · Source page ٥٣١
  16. Principle 2863The contractor’s obligation is an obligation to achieve a result, namely that the building remain sound for ten years after its delivery. Article 692 of the Civil Code. Breach of this obligation is established merely by Civil Matters — Volume 10 · Source page ٥٣٢
  17. Principle 2864The subcontractor's workers have a right of direct action against the principal contractor for amounts due to them from the subcontractor. The condition for this: the principal contractor must owe a debt to the subcontraCivil Matters — Volume 10 · Source page ٥٣٢
  18. Principle 2865The appellant's faulting of the judgment regarding a defense relating to his opponent. Inadmissible. An example concerning a contract for works.Civil Matters — Volume 10 · Source page ٥٣٢
  19. Principle 2866The subcontractor. A party to the contract for works and a creditor claiming within the limits of the remuneration owed to him by the main contractor and the accessories to that remuneration. The debtor party is the emplCivil Matters — Volume 10 · Source page ٥٣٢
  20. Principle 2868Performance of a works contract. Where the contractor performs the work defectively or contrary to the contract, the employer may, after serving notice on the contractor, request rescission of the contract or authorizatiCivil Matters — Volume 10 · Source page ٥٣٣
  21. Principle 2869The debtor's failure to perform its obligation. The creditor may request judicial authorization to perform it at the debtor's expense. The consequence thereof. Where the employer discovers that the contractor is performiCivil Matters — Volume 10 · Source page ٥٣٣
  22. Principle 2870Building and construction contracts concluded on the basis of an estimated bill of quantities: if it becomes apparent to the contractor during performance that it is necessary to exceed the estimated bill of quantities sCivil Matters — Volume 10 · Source page ٥٣٣

  23. عقد المعاوضة

    Principle 2871The contractor’s obligation is an obligation to achieve a result: the building remaining sound for ten years—as a general rule—from completion of the building or construction. Article 692 Civil Code. Proof that this resuCivil Matters — Volume 10 · Source page ٥٣٣

  24. عقد المقايضة

    Principle 2872Khulʿ extinguishes what was agreed upon, whether expressed in the wording of mutual khulʿ or initiative. The reason. - 533 - Obligation - Financial rights arising from a valid marriage are extinguished by expressions capCivil Matters — Volume 10 · Source page ٥٣٣

  25. عقد الهبة

    Principle 2877Official form in a gift contract, other than where the gift is accompanied by taking possession of the gifted property, is an essential element of the contract. Absence of official form. Its implication. Absolute nullityCivil Matters — Volume 10 · Source page ٥٣٤
  26. Principle 2878A gift is concluded by an official instrument or by taking possession of the gifted property. Taking possession of the gifted property dispenses with the official instrument.Civil Matters — Volume 10 · Source page ٥٣٤
  27. Principle 2879A gift under the Majalla of Judicial Provisions does not pass to the donee except upon taking possession. - 534 - ObligationCivil Matters — Volume 10 · Source page ٥٣٤
  28. Principle 2881A gift concluded before the Civil Code came into force is considered a matter of personal status, and therefore the Majalla of Judicial Rules does not apply to it; rather, the doctrine of Imam Malik applies to it. ExamplCivil Matters — Volume 10 · Source page ٥٣٥
  29. Principle 2882Formation of a gift by the donee’s taking possession of the gifted property or authentication of the gift by setting it out in an official instrument. The presence of either. Sufficient for its formation. - Taking possesCivil Matters — Volume 10 · Source page ٥٣٥
  30. Principle 2883A gift. The criterion for its formation. Its conjunction with taking possession of the gifted property or its authentication in an official instrument. - A gift where possession has been taken: its proof. By all means ofCivil Matters — Volume 10 · Source page ٥٣٥
  31. Principle 2884Disputes relating to a gift contract after the Civil Code entered into force. Jurisdiction over them lies with the civil circuits, not the personal status circuits. Contravention thereof. An error in the application of tCivil Matters — Volume 10 · Source page ٥٣٥
  32. Principle 2885Formation of a gift. Its condition. Taking possession of the gifted property or authenticating the gift in an official instrument. - The gifted property remaining in the donor's possession where he is a natural guardian,Civil Matters — Volume 10 · Source page ٥٣٥
  33. Principle 2886Gift. Revocation is impermissible other than in the case of a gift by parents to their child. The exception. Revocation is permissible with judicial authorization if the donor relies on an acceptable excuse. Its conditioCivil Matters — Volume 10 · Source page ٥٣٥
  34. Principle 2888The donor’s advanced age relative to his wife, the donee. Does not, by its meaning and in itself, indicate that his gift resulted from exploitation.Civil Matters — Volume 10 · Source page ٥٣٦
  35. Principle 2889A gift is concluded by taking possession of the gifted property, whether immovable or movable, or by its authentication in an official instrument. Example.Civil Matters — Volume 10 · Source page ٥٣٦
  36. Principle 2891A gift contract. Is a gratuitous contract. Its classification as a purely detrimental disposition. Its effect. Its nullity whenever the donor's mental infirmity at the date of its execution is established.Civil Matters — Volume 10 · Source page ٥٣٧
  37. Principle 2892The bar to revoking a gift. Its criterion: the donee's disposition of the donated property in a manner that definitively removes it from his ownership. Example.Civil Matters — Volume 10 · Source page ٥٣٧
  38. Principle 2894The Civil Code. Its regulation of the provisions of the gift contract in both form and substance. Its implication. Exclusion of its specific provisions from personal status matters. Its effect. Civil circuits have jurisdCivil Matters — Volume 10 · Source page ٥٣٧
  39. Principle 2895A gift preceding the issuance of Amiri Decree No. 19/1959 enacting the Law on the Organization of the Judiciary, which was repealed and replaced by Decree-Law No. 23 of 1990 concerning the Law on the Organization of the Civil Matters — Volume 10 · Source page ٥٣٧
  40. Principle 2896The presumption that a disposition is intended to take effect after death. Its effect. Applicability of the provisions governing wills stipulated in Article 943 of the Civil Code. Applicability of this presumption to a gCivil Matters — Volume 10 · Source page ٥٣٨
  41. Principle 2898A gift is subject to the donor's nationality at the time of the gift. The extent to which the gift is effective against the heirs and the amount that may be donated. Subject to the donor's law at the time of his death, wCivil Matters — Volume 10 · Source page ٥٣٨

  42. عقد الوديعة

    Principle 2901Set-off cannot occur if the subject matter of either obligation is the return of a thing deposited or lent for use. The rationale thereof. - Deposit is a contract under which the depositary undertakes to receive a thing Civil Matters — Volume 10 · Source page ٥٣٩
  43. Principle 2904An agent contracting without authority or beyond its limits. Its effect. The effects of the transaction do not extend to the principal’s right unless he ratifies it. - 539 - Obligation - The doctrine of apparent agency. Civil Matters — Volume 10 · Source page
  44. Principle 2905Contracts agency. Its definition. The limits of the contracts agent’s task are determined according to the agreement.Civil Matters — Volume 10 · Source page
  45. Principle 2906Agency is a contract whereby the principal places another person in his stead to carry out a legal disposition. Its effect. The effects of a contract concluded by the agent with a third party within the limits of his ageCivil Matters — Volume 10 · Source page
  46. Principle 2907An agency encompasses all necessary dispositions and acts required for its execution, guided in this by the intention of the contracting parties, the nature of the disposition, and prevailing custom.Civil Matters — Volume 10 · Source page
  47. Principle 2908The legislature’s regulation of a particular subject. Its necessary consequence. No recourse to the general rules concerning it. The exception. - The special regulation of commercial contract agency including a provisionCivil Matters — Volume 10 · Source page
  48. Principle 2909The agent's failure, when concluding the contract, to disclose the agent's representative capacity. The type of this agency. An undisclosed agency through the agent's lending their name to the principal. The effect of thCivil Matters — Volume 10 · Source page
  49. Principle 2910Extension to the principal of the effects of a contract concluded by the agent in excess of the limits of the agency. Its condition. Ratification by the latter. - Inferring the principal's ratification of the agent's actCivil Matters — Volume 10 · Source page
  50. Principle 2911Agency contract. Its definition. - The general rule concerning agency is that it is gratuitous. The exception. Its cases.Civil Matters — Volume 10 · Source page
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