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. التضامم في المسئولية

    Principle 3488The insurer and the third party responsible for the accident are obligated for the same debt, although the source of each obligation differs—the first being the insurance contract and the second the harmful act. Effect: Civil Matters — Volume 10 · Source page ٦٤٤
  2. Principle 3489Multiplicity of debtors for a single debt and differing sources of each debtor’s obligation. Consequence thereof. All are liable for performance of the obligation, and the creditor may claim the entire debt from any one Civil Matters — Volume 10 · Source page ٦٤٤
  3. Principle 3490Establishment that the source of one litigant's liability is personal fault in selecting his substitute and his negligence in performing the agency, and that the source of the second's liability is the direct action. ItsCivil Matters — Volume 10 · Source page ٦٤٤
  4. Principle 3491An obligation in solidum. Its import. A plurality of obligations with a single subject matter, such that there are multiple debtors for a single debt. The creditor may demand the entire debt from any of them and may alsoCivil Matters — Volume 10 · Source page ٦٤٥
  5. Principle 3492The injured party’s recourse against the insurance company to obtain compensation. It does not preclude his recourse against the person responsible for causing the damage and the person liable for that damage on the basiCivil Matters — Volume 10 · Source page ٦٤٥

  6. القانون الواجب التطبيق في مسائل المسئولية

    Principle 3493Multiplicity of the sources of an obligation while its subject matter remains one. Effect. The creditor may demand the entire debt from all debtors or any one of them. Their obligation is an obligation in solidum. None oCivil Matters — Volume 10 · Source page ٦٤٥
  7. Principle 3494The new Civil Code. Its scope of application. - Occurrence of the accident giving rise to the injured person’s injuries and stabilization of those injuries before the new Civil Code came into force. The law governing theCivil Matters — Volume 10 · Source page ٦٤٥
  8. Principle 3495The Civil Code is the general law governing civil liability. Its provisions apply to cases of liability insofar as no special provision exists. - The provisions and rules that the judge must apply when issuing judgments.Civil Matters — Volume 10 · Source page ٦٤٥

  9. نطاق إعمال المسئولية العقدية والمسئولية التقصيرية

    Principle 3496Law 51 of 1984 concerning Personal Status is special legislation whose provisions address all matters relating to personal status. The rules to be followed concerning the spouses’ financial rights where judicial separatiCivil Matters — Volume 10 · Source page ٦٤٦
  10. Principle 3497The choice between contractual and tortious liability. When it arises. The rule prohibiting their combination does not conflict with the creditor's ability to have recourse against more than one debtor for the same debt Civil Matters — Volume 10 · Source page ٦٤٦
  11. Principle 3498Contractual liability and tortious liability each have a defined scope. Applying the rules of tortious liability where contractual liability exists. Impermissible, unless it is established against one of the parties thatCivil Matters — Volume 10 · Source page ٦٤٦
  12. Principle 3499Contractual liability and tortious liability. The legislature assigned each its own provisions, independent legal regime, and defined scope for its provisions. Consequence. Where a contractual relationship defined by itsCivil Matters — Volume 10 · Source page ٦٤٦

  13. تحديد الأساس القانوني للمسئولية

    Principle 3500Contractual liability and tortious liability. The legislature assigned each provisions independent of the other and defined the scope of each. - The existence of a legal relationship defined as to its parties and scope, Civil Matters — Volume 10 · Source page ٦٤٦
  14. Principle 3501The correct legal basis of liability in a compensation action. The trial court's obligation to determine it without being bound by the grounds advanced by the injured party, without this constituting a change to the causCivil Matters — Volume 10 · Source page ٦٤٧
  15. Principle 3502Determining the correct basis of liability and ascertaining the legal rule applicable to the relationship between the parties to a compensation action. Within the trial court’s authority, without this constituting a chanCivil Matters — Volume 10 · Source page ٦٤٧
  16. Principle 3503Court of merits. In determining the nature of liability, it is not bound by what the injured party relied upon in seeking compensation or by the legal provision upon which he relied. It must determine the correct legal bCivil Matters — Volume 10 · Source page ٦٤٧
  17. Principle 3504The trial court. It must ascertain of its own motion the correct legal rule applicable to the relationship between the parties to the compensation action and apply it to the facts before it. - The direct cause of action Civil Matters — Volume 10 · Source page ٦٤٨
  18. Principle 3505The court of merits. In determining the nature of liability, it is not bound by what the injured person relied upon in seeking compensation or by the legal provision upon which he relied. It must identify the correct legCivil Matters — Volume 10 · Source page ٦٤٨
  19. Principle 3506The court of merits. Its duty to ascertain the correct legal rule applicable to the facts of the case and apply it thereto without being bound by what the litigants have stated. This does not constitute an alteration by Civil Matters — Volume 10 · Source page ٦٤٨
  20. Principle 3507The court of merits' obligation to determine the correct legal basis of liability in an action for compensation, even if it differs from the grounds relied on by the injured party. Reason thereof. This does not constitutCivil Matters — Volume 10 · Source page ٦٤٨
  21. Principle 3508The injured party’s right to compensation for the damage he has suffered. It is the direct cause of the compensation action, whatever the nature of the liability on which the injured party relied or the legal provision oCivil Matters — Volume 10 · Source page ٦٤٩
  22. Principle 3509The court of merits. In determining the nature of liability, it is not bound by the basis invoked by the injured party in claiming compensation. It must determine the correct basis of liability, ascertain the rule applicCivil Matters — Volume 10 · Source page ٦٤٩
  23. Principle 3510The respondents’ request that the air carrier be ordered to compensate the material and moral damage they personally sustained as a result of the death of their decedent, on the basis of the provisions of tortious liabilCivil Matters — Volume 10 · Source page ٦٤٩

  24. مسئولية المتبوع عن أعمال تابعه غير المشروعة

    Principle 3511The heirs’ claim for compensation for the death of their deceased predecessor as a result of the harmful act. It is inconceivable in fact or law before death occurs, since death is the basis of entitlement thereto. Its iCivil Matters — Volume 10 · Source page ٦٤٩
  25. Principle 3513Negation of the relationship of subordination. Consequence. Absence of the principal’s liability for the damage. Arguments raised concerning the damage. Ineffectual. - 649 - ObligationCivil Matters — Volume 10 · Source page ٦٤٩
  26. Principle 3514The principal's liability for the acts of his subordinate. The criterion for its establishment. Proof of the principal's actual authority over the subordinate in supervision and direction. The burden of proving it lies oCivil Matters — Volume 10 · Source page ٦٥٠
  27. Principle 3515Liability for an unlawful act. Its nature. Deviation from customary conduct. - The superior's liability for the acts of his subordinate. Its basis. Establishment of the subordinate's liability as a result of his unlawfulCivil Matters — Volume 10 · Source page ٦٥٠
  28. Principle 3516The relationship of subordination between the principal and the subordinate. The basis for its existence. Determining it. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٦٥٠
  29. Principle 3517The principal’s liability for damage caused by the subordinate. Its criterion. - Inferring the existence or absence of a relationship of subordination. A matter of fact exclusively for the trial court.Civil Matters — Volume 10 · Source page ٦٥٠
  30. Principle 3518The principal's liability for the acts of his subordinate. Its conditions and parameters. - Inferring the relationship of subordination falls within the authority of the trial court, so long as it bases its ruling on reaCivil Matters — Volume 10 · Source page ٦٥٠
  31. Principle 3519The principal’s liability for damage resulting from the subordinate’s act. Its prerequisite. The relationship of subordination. The foundation of that relationship. The subordinate’s being subject to the principal’s ordeCivil Matters — Volume 10 · Source page ٦٥٠
  32. Principle 3520Inference of the relationship of subordination between principal and subordinate, ascertaining and understanding the facts, examining evidence and documents, understanding and weighing the presumptions adduced, and interCivil Matters — Volume 10 · Source page ٦٥٠
  33. Principle 3521The principal's liability for the acts of his subordinate. Its basis. A relationship of subordination must exist.Civil Matters — Volume 10 · Source page ٦٥١
  34. Principle 3522The general rule concerning indemnification for personal injury warranting diya. Its payment is borne by the person directly causing it. The exception. - The principal's liability for damage caused by his subordinate thrCivil Matters — Volume 10 · Source page ٦٥١
  35. Principle 3523The superior's liability for damage caused by his subordinate's unlawful act. Its basis is presumed fault on the superior's part. It suffices that, administratively, he exercises supervision and direction. This is not reCivil Matters — Volume 10 · Source page ٦٥١
  36. Principle 3524Compensation. The principal’s liability. Tort liability towards the injured party. - The obligation to compensate for loss incurred and profit foregone. Liability of the perpetrator of the harmful act. The condition for Civil Matters — Volume 10 · Source page ٦٥١
  37. Principle 3525The principal's liability for his subordinate's acts. Necessity of a relationship of subordination. - The relationship of subordination. When it exists. - Assessment of the existence of a relationship of subordination. ACivil Matters — Volume 10 · Source page ٦٥١
  38. Principle 3527The principal's liability for his subordinate's fault. The conditions for its establishment. The burden of proving the relationship of subordination. Rests on the person alleging it. Inferring its existence. Within the aCivil Matters — Volume 10 · Source page ٦٥١
  39. Principle 3528A superior's liability for fault committed by his subordinate. When it arises. Article 240 of the Civil Code. - 651 - ObligationCivil Matters — Volume 10 · Source page ٦٥١
  40. Principle 3531The superior’s liability for his subordinate’s fault in the performance of his duties or by reason thereof. Prerequisite for its establishment. - Inference of the superior’s liability and the existence of a relationship Civil Matters — Volume 10 · Source page
  41. Principle 3532The superior's liability for his subordinate's fault in performing his duties or by reason thereof. Its condition. Existence of a relationship of subordination between them. Its basis. Establishment of the superior's actCivil Matters — Volume 10 · Source page
  42. Principle 3533The principal's liability for the acts of his subordinate through his unlawful act. It is based on presumed fault on the part of the principal, and proof to the contrary is not admissible. Its condition. The subordinate'Civil Matters — Volume 10 · Source page
  43. Principle 3534The principal's liability for damage caused by his subordinate through his unlawful act whenever committed in the performance of his duties or by reason thereof. - Permissibility of combining the compensation guaranteed Civil Matters — Volume 10 · Source page
  44. Principle 3535The subordinate's unlawful acts. The principal's liability for them. This liability rests upon the concept of a statutory guarantee. Its meaning: the principal is treated as a joint and several surety under a suretyship Civil Matters — Volume 10 · Source page
  45. Principle 3536The relationship of subordination on which the principal's liability for his subordinate's fault is based. Its foundation: the subordinate's submission to the principal's orders as to how work is performed and his obligaCivil Matters — Volume 10 · Source page
  46. Principle 3537The superior’s liability for damage resulting from the subordinate’s act. Its criterion. A relationship of subordination between them. Inferring the existence or absence of this relationship. Within the independent discrCivil Matters — Volume 10 · Source page
  47. Principle 3538Establishment of the employee's fault by a final criminal judgment. The employer's liability for this act. Founded on presumed fault on its part, arising from its poor choice of employee or its deficient supervision of hCivil Matters — Volume 10 · Source page
  48. Principle 3539The relationship of subordination. It is based on the actual authority vested in the superior to supervise and direct the subordinate, and on the unlawful act having been committed by the subordinate in the course of perCivil Matters — Volume 10 · Source page
  49. Principle 3540The principal's liability for damage resulting from the subordinate's act. Its basis. Article 240, Civil Code. - Assessing the existence of the constituent elements of custody and inferring the existence or absence of a Civil Matters — Volume 10 · Source page
  50. Principle 3541The principal’s liability for the unlawful acts of his subordinate. Its condition. The act must have occurred in the course of performing the employment duties or by reason thereof. The meaning of this. The principal musCivil Matters — Volume 10 · Source page
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