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

Search this collection

  1. إسهام خطأ المضرور في إحداث الضرر

    Principle 3360The injured party’s contribution through his fault to causing the damage. Its effect. The court may refuse to award him compensation.Civil Matters — Volume 10 · Source page ٦٢٢
  2. Principle 3361The act of the injured party that removes liability. Its condition. It must be productive of and influential in causing the damage, not merely an incidental cause.Civil Matters — Volume 10 · Source page ٦٢٢
  3. Principle 3363The injured party's fault that is taken into account in assessing compensation. Its nature. - 622 - ObligationCivil Matters — Volume 10 · Source page ٦٢٢
  4. Principle 3366The injured party's fault contributing to causing the damage without subsuming the fault of the liable person. Its effect. The liable person incurs liability, but not full liability. Its determination in a proportion comCivil Matters — Volume 10 · Source page ٦٢٣
  5. Principle 3367The judgment concluding that the injured party contributed to the fault when assessing compensation, without stating how it ascertained this in clear, explicit wording revealing its source. A deficiency requiring its casCivil Matters — Volume 10 · Source page ٦٢٣
  6. Principle 3368Inference of the injured party’s participation in the harmful act in order to apportion liability between him and those who participated with him in causing the damage. A question of fact within the authority of the courCivil Matters — Volume 10 · Source page ٦٢٣
  7. Principle 3369The injured party's contribution to the fault together with the person who caused the accident, without subsuming the latter's fault. Its effect. It does not preclude the wrongdoer's liability for compensation making gooCivil Matters — Volume 10 · Source page ٦٢٣
  8. Principle 3371Contribution of the defendant's fault in a liability action, together with the injured party's own fault, to causing the damage, without either absorbing the other. Its effect. The defendant's liability is engaged to an Civil Matters — Volume 10 · Source page ٦٢٣

  9. الضرر

    Principle 3373Establishment that the damage referred to in the medical committee’s report resulted directly from the injured party’s injury in the accident. Its effect. His entitlement to compensation.Civil Matters — Volume 10 · Source page ٦٢٤
  10. Principle 3374Assessment of damage and the compensation making it good is within the authority of the court of merits; it is not bound therein by the expert's opinion.Civil Matters — Volume 10 · Source page ٦٢٤
  11. Principle 3375Damage is an element of liability. The burden of proving it rests on the injured party. Inferring its existence is within the authority of the trial court, without review of its assessment. The condition therefor.Civil Matters — Volume 10 · Source page ٦٢٤
  12. Principle 3376Damage is an element of tortious liability. The burden of proving it rests on the injured party. - Determining whether damage is established or absent. A question of fact. Example concerning an employer's deprivation of Civil Matters — Volume 10 · Source page ٦٢٤
  13. Principle 3380Damage is a necessary condition for tort liability and for an award of compensation, and the burden of proving it rests upon the injured party. Assessing whether or not it is established. A factual matter exclusively forCivil Matters — Volume 10 · Source page ٦٢٥
  14. Principle 3381Damage is an essential element of tort liability, which cannot exist without it. Its condition. That it be a natural consequence of the unlawful act by resulting directly therefrom. The burden of proving this lies on theCivil Matters — Volume 10 · Source page ٦٢٥
  15. Principle 3382Ascertaining the elements of damage and determining its extent are within the authority of the court of merits. It is not obliged to grant a request to appoint an expert to determine the nature and extent of the damage wCivil Matters — Volume 10 · Source page ٦٢٥
  16. Principle 3384Damage is an element of liability. The burden of proving it. On the injured party. - Material damage resulting from death. The criterion therefor. Proof that the deceased supported the injured party continuously and permCivil Matters — Volume 10 · Source page ٦٢٥
  17. Principle 3385Moral damage. Its nature. - The scope of compensation for moral damage. A matter of fact. Within the authority of the court of merits, provided it sets out the elements constituting that damage.Civil Matters — Volume 10 · Source page ٦٢٦
  18. Principle 3386Compensation for material damage. The condition for awarding it. Impairment of a financial interest of the injured party and certainty of the damage. - Material damage resulting from the death of the provider. Its prereqCivil Matters — Volume 10 · Source page ٦٢٦
  19. Principle 3387Ascertaining the existence or absence of abnormal damage. A matter of fact. Determined independently by the judge of merits, provided the determination is reasonable.Civil Matters — Volume 10 · Source page ٦٢٦
  20. Principle 3390Compensation for the injury itself does not preclude an award of compensation assessed by the court for the other elements of damage. - Assessment of damage and determination of compensation. Within the authority of the Civil Matters — Volume 10 · Source page ٦٢٦
  21. Principle 3392Inference of damage and assessment of compensation to redress it. Within the authority of the court of merits. - Combining compensation for material and moral damage. Does not vitiate the judgment. Condition thereof. - LCivil Matters — Volume 10 · Source page ٦٢٧
  22. Principle 3393Damage giving rise to compensation is certain damage. When potential damage is compensated.Civil Matters — Volume 10 · Source page ٦٢٧
  23. Principle 3394The constituent elements of damage included in the calculation of compensation. A question of law. Subject to review by the Court of Cassation. Assessment of damage and compensation to redress it. A matter of fact withinCivil Matters — Volume 10 · Source page ٦٢٧
  24. Principle 3395Fault giving rise to liability. Its forms. - Loss of opportunity. A certainty and an element of damage warranting compensation. - Determining the existence of damage and a causal relationship between it and the fault. A Civil Matters — Volume 10 · Source page ٦٢٧
  25. Principle 3396An action for liability becoming barred by the short and long limitation periods. Article 253/1, Civil Code. - When the short limitation period for an action for liability begins. - Ascertaining the injured party's knowlCivil Matters — Volume 10 · Source page ٦٢٧
  26. Principle 3397Compensation owed by the person responsible for an unlawful act. Its inclusion of moral damage. An example is the sorrow and grief a person feels and the love and affection he loses as a result of the death of someone deCivil Matters — Volume 10 · Source page ٦٢٧
  27. Principle 3398Moral damage. Its nature. - The insurance company's obligation to compensate for all damage suffered by third parties under compulsory motor accident insurance. This includes moral damage.Civil Matters — Volume 10 · Source page ٦٢٨
  28. Principle 3400The person responsible for an unlawful act. His obligation to compensate for damage, even if it is moral. Article 231, Civil Code. This encompasses moral damage in all its manifestations. Example concerning what befell aCivil Matters — Volume 10 · Source page ٦٢٨
  29. Principle 3401Impairment of bodily integrity infringes a right guaranteed by the Constitution and the law and constitutes material damage.Civil Matters — Volume 10 · Source page ٦٢٨
  30. Principle 3402Moral damage. Compensation for its various manifestations is permissible. Compensation for it in the event of death. Restricted to spouses and relatives up to the second degree. The court of merits may assess it in casesCivil Matters — Volume 10 · Source page ٦٢٨
  31. Principle 3403Liability arising from custody of a thing requires, for its establishment, that the damage arise from the act of the thing itself. The burden of proving this falls upon the injured person. Where a presumption of a causalCivil Matters — Volume 10 · Source page ٦٢٨
  32. Principle 3404The injured party in motor vehicle accidents. Compensation by the insurance company. Its condition: the vehicle must be insured and its driver's liability for the damage must be established.Civil Matters — Volume 10 · Source page ٦٢٨
  33. Principle 3405Determining whether the damage occurred directly or through indirect causation. Its reference is Islamic jurisprudence. - The direct actor in Islamic jurisprudence. Who he is. A person whose act, which he personally perfCivil Matters — Volume 10 · Source page ٦٢٨
  34. Principle 3406Compensation for material damage. Its basis. - The burden of proving damage. It falls upon the injured party. - Inferring the existence or absence of damage. Within the authority of the court of merits when it bases its Civil Matters — Volume 10 · Source page ٦٢٩
  35. Principle 3407Inferring the existence or absence of damage warranting compensation, including damage arising in the future. A matter of fact within the exclusive purview of the court of merits. Its condition. Example. - Absence from tCivil Matters — Volume 10 · Source page ٦٢٩
  36. Principle 3408Moral damage is all psychological harm sustained by a person as a result of injury to his honour, reputation, esteem, or social or moral standing among people. - Assessment of compensation for moral damage. A matter for Civil Matters — Volume 10 · Source page ٦٢٩
  37. Principle 3409Receipt of blood money as a guarantee for bodily harm. Does not preclude the injured person's right to seek compensation for other harm in accordance with the provisions governing liability for unlawful acts, so long as Civil Matters — Volume 10 · Source page ٦٢٩
  38. Principle 3410The obligation of the person responsible for an unlawful act to compensate for damage, even if non-pecuniary, in its various manifestations. Article 231/1, 2, Civil Code. Reason thereof. - 629 - Obligation - CompensationCivil Matters — Volume 10 · Source page ٦٢٩
  39. Principle 3411Receipt of diyah as indemnification for bodily harm. It does not preclude the injured party’s right to seek compensation for other harm from the person obliged to provide it in accordance with liability for an unlawful aCivil Matters — Volume 10 · Source page ٦٣٠
  40. Principle 3412Compensation for material damage. Its condition. Impairment of a financial interest of the injured party, and the damage must have actually occurred or be certain to occur in the future. - Establishment of material damagCivil Matters — Volume 10 · Source page
  41. Principle 3414Loss of an opportunity is a contingent matter or a mere hope. Deprivation of it in itself. An element of actual damage. It must be assessed in proportion to the likelihood that gain would have resulted from the lost oppoCivil Matters — Volume 10 · Source page
  42. Principle 3415Compensation for tort liability. Its scope: material and moral damage. The basis for this. - Moral damage. Its meaning. The Constitution guarantees the human right to life and bodily integrity, and the law criminalizes aCivil Matters — Volume 10 · Source page
  43. Principle 3418Damage warranting compensation. Its condition. That it be certain. Possible damage. Compensation for it is not due unless it actually occurs. Loss of an opportunity is a certain matter. Compensation for it. Its conditionCivil Matters — Volume 10 · Source page
  44. Principle 3419Inference of the existence or absence of damage. A question of fact independently determined by the judge of merits. Condition thereof. - Establishment that the appellants’ deceased predecessor was the sole provider for Civil Matters — Volume 10 · Source page
  45. Principle 3420Inference of the existence of damage warranting compensation, whether the injured party contributed to causing it, and the extent of that contribution. Within the authority of the court of merits so long as its inferenceCivil Matters — Volume 10 · Source page
  46. Principle 3421Liability arising from custody of a thing. Condition for its establishment. That the damage arise from the action of the thing itself. The burden of proving this rests on the injured person. Establishment of a presumptioCivil Matters — Volume 10 · Source page
  47. Principle 3423Compensation for moral damage. Absence of a criterion exhaustively delimiting its cases. Its breadth encompasses its various manifestations. It includes every damage left by a fault that leads a person in his honor and rCivil Matters — Volume 10 · Source page
  48. Principle 3424Determining whether damage is established or negated. A matter of fact independently determined by the trial judge, provided the determination is reasonable. - Assessment of damage and determination of compensation redreCivil Matters — Volume 10 · Source page
  49. Principle 3425Liability for damage caused by dangerous things. For liability to arise, it suffices that the damage arising from the thing stems from its very nature or condition, characterised by dangerousness in exposing people's livCivil Matters — Volume 10 · Source page
  50. Principle 3427Judgments and decisions eligible for provisional enforcement are enforced at the sole responsibility of the applicant for enforcement. The judgment creditor's failure to wait and proceeding to enforce the judgment while Civil Matters — Volume 10 · Source page
PreviousPage 59 of 73Next