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. الضرر

    Principle 3428Damage is an element of liability, and its establishment is a necessary condition for liability to arise. The burden of proving it. On the injured party. - Inferring the presence or absence of damage warranting compensatCivil Matters — Volume 10 · Source page ٦٣٣
  2. Principle 3429The administration’s liability for decisions issued by it. Its basis: fault on its part, damage suffered by the person concerned, and a causal relationship between them. Presence of the element of fault. Insufficient to Civil Matters — Volume 10 · Source page ٦٣٣
  3. Principle 3430An award of compensation. Its condition: the wrongful act must cause damage to another. Compensation for an unlawful act includes damage even if moral. - Moral damage. Its nature.Civil Matters — Volume 10 · Source page ٦٣٤
  4. Principle 3431Assessment of compensation for moral damage. What suffices in this respect. Consoling the injured party and restoring his standing, without exaggeration or excess in the assessment. The judge's assessment is not vitiatedCivil Matters — Volume 10 · Source page ٦٣٤

  5. رابطة السببية

    Principle 3435Assessment of compensation for worsening damage. The general rule is that it is determined at the time of judgment. Impossibility of definitively determining the extent of the damage. The judge may award the injured partCivil Matters — Volume 10 · Source page ٦٣٥
  6. Principle 3439Liability arising from custody of a thing. The condition for its establishment. Damage resulting from a positive act of the thing itself. The burden of proving this rests on the injured party. - The injured party’s proofCivil Matters — Volume 10 · Source page ٦٣٥
  7. Principle 3441Ascertaining an understanding of the facts, assessing the evidence and statement, and inferring fault giving rise to liability and the causal link between it and the damage. Within the authority of the court of merits, wCivil Matters — Volume 10 · Source page ٦٣٦
  8. Principle 3443Assessing the existence of a causal relationship between the subordinate's fault and his duties. A matter of fact determined independently by the court of merits, provided the determination is reasonable.Civil Matters — Volume 10 · Source page ٦٣٦
  9. Principle 3444Determining the elements of tort liability. - Ascertaining the facts of the action, assessing the evidence and documents, and determining fault and the causal relationship between it and the damage. Within the authority Civil Matters — Volume 10 · Source page ٦٣٦
  10. Principle 3445Every wrongful act causing damage to another renders its perpetrator liable to pay compensation. Condition thereof. - Inference of the causal relationship between fault and damage. Within the authority of the court of meCivil Matters — Volume 10 · Source page ٦٣٦
  11. Principle 3446The causal relationship between fault and damage. The determining consideration is the effective cause, not the incidental cause. - Assessment of the occurrence of the act constituting fault and the causal link between iCivil Matters — Volume 10 · Source page ٦٣٦
  12. Principle 3447Determination of fault giving rise to liability and the causal relationship between fault and damage is within the independent authority of the court of merits. The condition thereof. That it state reasonable grounds leaCivil Matters — Volume 10 · Source page ٦٣٧
  13. Principle 3448The element of causation in tortious liability. The criterion for its existence. The productive, effective cause bringing about the damage, not the incidental cause.Civil Matters — Volume 10 · Source page ٦٣٧
  14. Principle 3450Liability of the custodian of things. Its basis is presumed fault not admitting proof to the contrary. Negation of this liability. Its condition. Proof by the custodian that the damage occurred through an extraneous causCivil Matters — Volume 10 · Source page ٦٣٧
  15. Principle 3452The element of causation in tort liability. It rests only upon the effective, operative cause producing the damage, not upon an incidental cause that is not of a nature to produce such damage, however much it may have coCivil Matters — Volume 10 · Source page ٦٣٧
  16. Principle 3453The defendant in a liability action proving that his fault was not what caused the damage and did not contribute to causing it in a legally significant manner, but that it occurred due to an extraneous cause in which he Civil Matters — Volume 10 · Source page ٦٣٧
  17. Principle 3454Inference of fault giving rise to liability and the causal relationship between it and the damage. A matter for the court of merits. Example of an award of Sharia diya for an unlawful act.Civil Matters — Volume 10 · Source page ٦٣٨
  18. Principle 3455The element of causation in tort liability. The criterion for its establishment. The effective, operative cause producing the damage, rather than the incidental cause. Example.Civil Matters — Volume 10 · Source page ٦٣٨
  19. Principle 3456The element of causation in tort liability. It rests on the effective, operative cause producing the damage, not the incidental cause—which plays no part in producing the damage—even if it contributed by coincidence to iCivil Matters — Volume 10 · Source page ٦٣٨
  20. Principle 3457The administration’s liability for compensation. Its basis: establishment of fault on its part consisting in issuing an unlawful decision resulting in damage, and the existence of a causal relationship between the fault Civil Matters — Volume 10 · Source page ٦٣٨
  21. Principle 3458Negation of causation on the basis of a third party's fault. Its condition. That the custodian prove that the damage would inevitably have occurred even had he duly discharged his duty of custody. Example.Civil Matters — Volume 10 · Source page ٦٣٨

  22. التضامن في المسئولية

    Principle 3459The element of causation in tortious liability. It is founded on the productive, effective cause bringing about the damage, rather than the incidental cause which is not, by its nature, capable of causing that damage. ExCivil Matters — Volume 10 · Source page ٦٣٨
  23. Principle 3460Multiplicity of persons liable for blood money or compensation. Payment of compensation in full to the injured person by one of them. He may have recourse against the other responsible persons, each in proportion to his Civil Matters — Volume 10 · Source page ٦٣٩
  24. Principle 3461Multiplicity of persons liable for a harmful act. Its effect. Their joint and several liability for compensation therefor.Civil Matters — Volume 10 · Source page ٦٣٩
  25. Principle 3462Those liable for blood money or compensation are jointly and severally liable for its payment, whatever the cause of each one’s obligation. Whoever pays it has recourse against the others. If one of them alone has an intCivil Matters — Volume 10 · Source page ٦٣٩
  26. Principle 3463Under Article 30 of Law 6/1961, where several persons are liable for diya or compensation, they are jointly and severally liable among themselves, whatever the basis of each person’s obligation. The creditor may demand tCivil Matters — Volume 10 · Source page ٦٣٩
  27. Principle 3464Transfer of ownership of the insured thing to a particular successor. Its effect. Transfer of the insurance contract to the successor, including its rights and obligations. - The insured's obligation to pay the amount ofCivil Matters — Volume 10 · Source page ٦٣٩
  28. Principle 3465The injured party's right to claim full compensation from any of those responsible for the damage where there are several. The judgment's conclusion that the subordinate's liability for the damage is established. Its rejCivil Matters — Volume 10 · Source page ٦٤٠
  29. Principle 3466Damage occurring as a result of multiple faults by numerous persons, each of whom committed a fault. Their joint and several liability towards the injured party for compensation in full. In their relationship with one anCivil Matters — Volume 10 · Source page ٦٤٠
  30. Principle 3467Multiplicity of persons responsible for the injured party. Its effect. The injured party may have recourse against any of them for full compensation.Civil Matters — Volume 10 · Source page ٦٤٠
  31. Principle 3468Multiplicity of persons liable for the unlawful act. Its effect. Each is jointly and severally obliged to pay compensation. Apportionment of the burden of liability among them in proportion to each one's fault in causingCivil Matters — Volume 10 · Source page ٦٤٠
  32. Principle 3469Multiplicity of persons liable jointly and severally or in solidum for blood money or compensation. Its effect. They may be sued collectively, or any of them may be sued for the full blood money. The reason for this. ExaCivil Matters — Volume 10 · Source page ٦٤٠
  33. Principle 3470Occurrence of multiple faults by multiple responsible persons. Its effect. Each is liable for full compensation vis-à-vis the injured party, who may choose to claim against them all or confine his claim to one of them.Civil Matters — Volume 10 · Source page ٦٤٠
  34. Principle 3471Establishment of the debtor's liability under a joint and several obligation prevents him from benefiting from the other debtor's liability so long as his own liability has been established. - The obligation of the compaCivil Matters — Volume 10 · Source page ٦٤٠
  35. Principle 3472Commission by several persons of the fault leading to damage. Its effect. Their joint and several liability for compensation arises, and each is considered liable for the entire compensation as against the injured party.Civil Matters — Volume 10 · Source page ٦٤١
  36. Principle 3473A plurality of persons through whose fault the damage occurred. This entails each person’s obligation towards the injured party to compensate for all the damage, and they all bear compensation jointly and severally. ExamCivil Matters — Volume 10 · Source page ٦٤١
  37. Principle 3474Damage occurring as a result of the faults of several persons. Their joint and several liability towards the injured party for full compensation. Apportionment of the burden of liability. Confined to the relationship amoCivil Matters — Volume 10 · Source page ٦٤١
  38. Principle 3475Damage occurring as a result of multiple faults committed by numerous persons, each one's fault constituting a cause sufficient to produce the damage. Its effect. Each is liable toward the injured party for full compensaCivil Matters — Volume 10 · Source page ٦٤١
  39. Principle 3476Multiple faults committed by multiple responsible persons. Each of them is liable to the injured person for compensation in full. He has the choice of claiming against them all or restricting his claim to one of them.Civil Matters — Volume 10 · Source page ٦٤١
  40. Principle 3477Multiplicity of persons whose fault caused the damage. Their joint and several obligation to compensate the injured party. A debtor under this joint and several obligation does not benefit from the liability of another dCivil Matters — Volume 10 · Source page
  41. Principle 3478Occurrence of damage resulting from the faults of several persons. Its effect. Their joint and several liability for compensation and each one's liability to the injured person for full compensation. - The burden of liabCivil Matters — Volume 10 · Source page
  42. Principle 3479An accidental injury incident may occur as a result of two faults by two different persons. Its prerequisite. Each must have committed an unlawful act distinct in its elements from the act committed by the other and consCivil Matters — Volume 10 · Source page
  43. Principle 3480Damage resulting from faults committed by multiple persons. Its effect. They are deemed jointly and severally liable for compensation. Its implication: the injured party may claim against them all in his action or confinCivil Matters — Volume 10 · Source page
  44. Principle 3481An obligation in solidum. One whose subject matter is single and whose debtors are multiple on the basis of multiple sources. The creditor may claim against any of them.Civil Matters — Volume 10 · Source page
  45. Principle 3482An obligation in solidum. Its nature and effects. Example. - The existence of tort liability for particular damage on the part of one person does not preclude contractual liability on the part of another for the same damCivil Matters — Volume 10 · Source page
  46. Principle 3483An obligation in solidum. Its sources are multiple while its subject matter remains one. A debtor under this obligation does not benefit from establishment of the other's liability so long as his own liability has been eCivil Matters — Volume 10 · Source page
  47. Principle 3484An obligation in solidum is one in which there are several debtors for a single debt based on multiple sources. The creditor may claim the entire debt from any of them. - Establishment of the liability of one debtor undeCivil Matters — Volume 10 · Source page
  48. Principle 3485Payment of a debt. Its effect. Subrogation of the payer to the creditor’s position. - The insurer and the third party responsible for the motor vehicle accident. The source of each one’s obligation to compensate differs:Civil Matters — Volume 10 · Source page
  49. Principle 3486The insurer's payment to the insured of the insurance amount against damage. Its effect. Its statutory subrogation to the insured's position against the third party responsible for the damage. This subrogation is confineCivil Matters — Volume 10 · Source page
  50. Principle 3487The source of the obligation. Its multiplicity while its subject matter remains one, as where there are multiple debtors for a single debt and the creditor may demand the entire debt from them or any one of them. Their oCivil Matters — Volume 10 · Source page
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