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. مسئولية المتبوع عن أعمال تابعه غير المشروعة

    Principle 3542The relationship of subordination on which the principal's liability for his subordinate's fault rests. Its nature. The latter's subjection to the execution of the principal's orders concerning how he performs the work cCivil Matters — Volume 10 · Source page ٦٥٣
  2. Principle 3545The principal's liability for the acts of his subordinate. Its basis: the relationship of subordination, which exists whenever the principal has actual authority over the subordinate in supervision and direction, even ifCivil Matters — Volume 10 · Source page ٦٥٤
  3. Principle 3546The injured person's recourse against the insurance company to recover compensation. Does not prevent him from having recourse against the person responsible for causing the damage and the person liable for that damage oCivil Matters — Volume 10 · Source page ٦٥٤
  4. Principle 3547Relationship of subordination. Its basis. The actual authority vested in the superior to supervise and direct the subordinate, whether or not the superior exercises that authority. It suffices that the subordinate’s unlaCivil Matters — Volume 10 · Source page ٦٥٥
  5. Principle 3548The superior's liability for damage caused by his subordinate through his unlawful act. Its basis. That it be committed by him in the performance of his duties or by reason thereof; the relationship of subordination exisCivil Matters — Volume 10 · Source page ٦٥٥
  6. Principle 3549The principal's liability for damage caused by his subordinate through his unlawful act. Article 240, Civil Code.Civil Matters — Volume 10 · Source page ٦٥٥
  7. Principle 3550The criterion for the principal's liability for damage resulting from his subordinate's act. The relationship of subordination and the principal's actual authority to supervise and direct the subordinate, and the commissCivil Matters — Volume 10 · Source page ٦٥٥
  8. Principle 3551The administration's liability alongside the employee to the injured person on the basis of a superior's liability for the acts of his subordinate. It may not have recourse against that employee for what it was ordered tCivil Matters — Volume 10 · Source page ٦٥٥
  9. Principle 3552Identification of the superior liable for the subordinate’s fault. The relevant time is when the right to compensation arises. This is not altered by the subordinate’s transfer to the supervision and direction of anotherCivil Matters — Volume 10 · Source page ٦٥٥

  10. مسئولية حارس الأشياء

    Principle 3553The superior's liability for damage resulting from the subordinate's act. Its basis. The relationship of subordination between them. - Inferring the existence or absence of this relationship. A matter exclusively for theCivil Matters — Volume 10 · Source page ٦٥٦
  11. Principle 3554Liability for the custody of things. The custodian's fault therein is presumed in respect of damage occurring. Absence of liability if the ploughman is due to an external cause, force majeure, a fortuitous event, the injCivil Matters — Volume 10 · Source page ٦٥٦
  12. Principle 3555Liability of the custodian of things. Based on presumed fault on his part that admits of no proof to the contrary. Exclusion of this liability. Its cases. - The custodian of a vehicle. As a rule, its owner. His liabilityCivil Matters — Volume 10 · Source page ٦٥٦
  13. Principle 3557Liability of the custodian of a thing. Its basis. Presumed fault. Not rebuttable. Liability is relieved only if the custodian proves that the damage resulted from an external cause. The custodian of a thing is, in princiCivil Matters — Volume 10 · Source page ٦٥٦
  14. Principle 3558In liability for things. It is presumed that the thing actively intervened in causing the damage. - 656 - ObligationCivil Matters — Volume 10 · Source page ٦٥٦
  15. Principle 3560The contractor's undertaking to build with tools and materials supplied by him. He is regarded as custodian of his equipment and tools. These materials causing an accident. Establishes his civil liability, even if he is Civil Matters — Volume 10 · Source page ٦٥٧
  16. Principle 3562Custody of a thing. Belongs to its owner, unless it is established that it has left his hands and passed to another.Civil Matters — Volume 10 · Source page ٦٥٧
  17. Principle 3563Liability of the custodian of a thing whose custody requires special care. Is not removed unless the custodian proves that the damage occurred through an extraneous cause, such as force majeure, a fortuitous event, the aCivil Matters — Volume 10 · Source page ٦٥٧
  18. Principle 3564Liability of the custodian of things. Fault therein is presumed. It is displaced only by proof that the damage was due to an external cause.Civil Matters — Volume 10 · Source page ٦٥٧
  19. Principle 3565Liability of the custodian of a thing. Meaning of a thing. Its basis. Presumed fault that admits no proof to the contrary. It is discharged only by proving that the damage was due to an extraneous cause. Example concerniCivil Matters — Volume 10 · Source page ٦٥٧
  20. Principle 3566The liability of the custodian of a thing. It is based on an irrebuttably presumed fault. The custodian may rebut it by negating the causal relationship through proving an external cause.Civil Matters — Volume 10 · Source page ٦٥٧
  21. Principle 3568Liability for custody of things rests on presumed fault that cannot be rebutted, but is removed by negating causation. - 657 - ObligationCivil Matters — Volume 10 · Source page ٦٥٧
  22. Principle 3569The liability of the custodian of a thing rests on presumed fault. It does not admit proof to the contrary. However, it is removed if the custodian proves that the damage occurred through an extraneous cause. This can onCivil Matters — Volume 10 · Source page ٦٥٨
  23. Principle 3570The liability of a custodian of things is based on presumed fault. Defeating it. Proof that the damage occurred owing to an extraneous cause in which he had no part.Civil Matters — Volume 10 · Source page ٦٥٨
  24. Principle 3571Liability for custody of things requiring special care. Its criterion. The existence of actual control over the thing, intentionally and independently. - The rule is that custody of a thing belongs to its owner unless itCivil Matters — Volume 10 · Source page ٦٥٨
  25. Principle 3572Liability arising from custody of a thing. Condition for its establishment. The thing's active intervention must be the cause of the damage. The burden of proving this. Rests on the injured party. - Proof by the injured Civil Matters — Volume 10 · Source page ٦٥٨
  26. Principle 3573Treating an accident as force majeure relieving the custodian of a thing of liability. Its severity must reach a degree rendering it unforeseeable and impossible to avert. The standard for these two conditions. Absolute.Civil Matters — Volume 10 · Source page ٦٥٨
  27. Principle 3574The liability of the custodian of a thing. Its basis. Fault irrebuttably presumed to have occurred on his part. Its absence - 658 - Obligation whenever it is established that the occurrence of the damage was due to an exCivil Matters — Volume 10 · Source page ٦٥٨
  28. Principle 3575Liability for damage caused by things. What is meant by a thing. The basis of this liability. It is presumed fault. When it is discharged.Civil Matters — Volume 10 · Source page ٦٥٩
  29. Principle 3576The insurer’s right of recourse against the insured to recover compensation it may have paid if it is established that the driver of the car, whether the insured or a person whom he permitted to drive it, caused the acciCivil Matters — Volume 10 · Source page ٦٥٩
  30. Principle 3577The custodian of a thing is, in principle, its owner, unless it is established that his control over it had ceased at the time the damage occurred.Civil Matters — Volume 10 · Source page ٦٥٩
  31. Principle 3578The binding effect of a criminal judgment before the civil court. Extends only to facts necessarily determined concerning the act constituting the common basis. Between the criminal and civil actions, and to the legal chCivil Matters — Volume 10 · Source page ٦٥٩
  32. Principle 3579Liability for damage arising from a thing. What is meant by a thing. What is required for this liability to arise. Positive intervention by the thing. Presumption of this intervention. The effect of this presumption. - LCivil Matters — Volume 10 · Source page ٦٥٩
  33. Principle 3580Liability 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 ٦٥٩
  34. Principle 3581Liability of the custodian of things. Its basis. Negation of this liability. Its condition. The court of merits. Its authority in assessing the existence of a causal relationship between the act of the thing and the damaCivil Matters — Volume 10 · Source page ٦٦٠
  35. Principle 3582Liability of the custodian of things. Its basis is presumed fault on the custodian's part. Negation of this liability. Its condition. Proof that the damage occurred through an external cause. The nature of an external caCivil Matters — Volume 10 · Source page ٦٦٠
  36. Principle 3583The custodian of a thing. Is the person who has actual control over it, whether or not that control rests on a lawful right. Its non-transfer to the subordinate. The reason for this.Civil Matters — Volume 10 · Source page ٦٦٠
  37. Principle 3584The superior’s liability for the subordinate’s acts. Its criterion. - Liability for things. The nature of the custody giving rise to it. - Inferring subordination and control. A matter of fact within the independent discCivil Matters — Volume 10 · Source page ٦٦٠
  38. Principle 3585Liability for custody of things. Its criterion. It rests on presumed fault on the custodian's part, not admitting proof to the contrary. He may negate it by proving an extraneous cause of the damage. - Extraneous cause. Civil Matters — Volume 10 · Source page ٦٦٠
  39. Principle 3586A thing requiring special care to prevent harm arising from it. Definition of the custodian of that thing. The conditions required of the custodian and the criterion for establishing custody giving rise to liability. - TCivil Matters — Volume 10 · Source page ٦٦٠
  40. Principle 3587The custodian of a thing in liability for things. Its meaning. Custody of the thing may be transferred from its owner to another under a contract. - Existence of the elements of custody. A matter of fact. Within the indeCivil Matters — Volume 10 · Source page
  41. Principle 3588Assessment of the existence or absence of an extraneous cause that breaks liability for things. The causal relationship between the act of the thing and the damage. A matter of fact. Exclusively for the trial court. Its Civil Matters — Volume 10 · Source page
  42. Principle 3589Liability of the custodian of a thing. Its basis. Presumed fault. When that liability is negated. Custody giving rise to liability. The determining factor is the person’s actual control over the thing. The presumption isCivil Matters — Volume 10 · Source page
  43. Principle 3590The liability of the custodian of a thing rests upon presumed fault. It is fault in custody that admits no proof to the contrary. This liability is displaced only if the custodian proves that the damage occurred due to aCivil Matters — Volume 10 · Source page
  44. Principle 3591Liability for custody of things. Its basis and underlying principle. Presumed fault that admits no proof to the contrary. - When the liability of the custodian of things is removed.Civil Matters — Volume 10 · Source page
  45. Principle 3592Liability of the custodian of things. Its basis is presumed fault on the custodian's part. Negation of this liability. Its condition. Proof that the damage occurred through an extraneous cause. The nature of an extraneouCivil Matters — Volume 10 · Source page
  46. Principle 3593Custody does not pass from the custodian to his subordinate. The reason for this. - 661 - ObligationCivil Matters — Volume 10 · Source page
  47. Principle 3594Liability for custody of things requiring special care. Its prerequisite. The existence of intentional and independent actual control over the thing. - The general rule is that custody of a thing belongs to its owner unlCivil Matters — Volume 10 · Source page
  48. Principle 3595Liability of the female custodian of a thing. Presumed. It is lifted only if the custodian proves that the occurrence of the damage was due to an external cause in which he had no part. An example of its non-establishmenCivil Matters — Volume 10 · Source page
  49. Principle 3596A thing requiring special care to prevent damage from it. Its definition. The custodian of that thing within the meaning intended by law. His nature. The determining factor is physical control over the thing. - As a ruleCivil Matters — Volume 10 · Source page
  50. Principle 3598Damage caused by things. One of the cases of liability for an unlawful act.Civil Matters — Volume 10 · Source page
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