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 حارس الأشياء

    Principle 3599Assessing the existence of the constituent elements of custody and inferring fault giving rise to liability for compensation are matters of fact.Civil Matters — Volume 10 · Source page ٦٦٢
  2. Principle 3600Liability arising from custody of a thing requires that the damage arise from the act of the thing itself. The burden of proving this lies upon the injured party. Where a presumption of a causal link exists, liability isCivil Matters — Volume 10 · Source page ٦٦٢
  3. Principle 3601Liability of the custodian of things. Its basis. Fault in custody presumed to have been committed by the custodian and admitting no proof - 662 - Obligation to the contrary. Proof by the custodian that he committed no faCivil Matters — Volume 10 · Source page ٦٦٢
  4. Principle 3602The binding force of an acquittal founded on the absence of criminal fault on the subordinate's part. It has no effect before the civil judge in his examination of the superior's civil liability arising from custody of tCivil Matters — Volume 10 · Source page ٦٦٣
  5. Principle 3603Custody giving rise to liability is founded on presumed fault. The nature of this. The default is that custody belongs to the owner. It may pass to another under a contract granting the latter authority of use, directionCivil Matters — Volume 10 · Source page ٦٦٣
  6. Principle 3604Establishment of liability for custody of a thing. Its condition: that the damage arise from the act of the thing itself, in that its positive intervention caused the damage. The burden of proving this falls upon the injCivil Matters — Volume 10 · Source page ٦٦٣
  7. Principle 3605Liability of the custodian of things. Its basis is the existence of intentional and independent actual control over the thing. The general rule is that it belongs to the owner of the thing unless it is established that hCivil Matters — Volume 10 · Source page ٦٦٣
  8. Principle 3606Liability of the custodian of a thing. The custodian's fault therein is presumed. The custodian's proof that the damage occurred through an external cause, such as force majeure, a fortuitous event, an act of the injuredCivil Matters — Volume 10 · Source page ٦٦٤
  9. Principle 3607Liability for custody of things. Based on intentional and independent actual control over the thing. It attaches to the owner of the thing unless he proves that custody had actually passed to another at the time the damaCivil Matters — Volume 10 · Source page ٦٦٤
  10. Principle 3608Liability for custody of a thing. Presumed. Is not removed unless the custodian proves that the damage occurred through an extraneous cause in which he had no part, such as force majeure, a fortuitous event, or the faultCivil Matters — Volume 10 · Source page ٦٦٤
  11. Principle 3609Establishment that the victim's fault in crossing the highway outside the places designated for pedestrian crossing, and despite the presence of a barrier to prevent them from crossing, was the cause of the accident. ItsCivil Matters — Volume 10 · Source page ٦٦٤
  12. Principle 3610Liability arising from custody of a thing. The condition for its establishment. That the damage arises from the act of the thing itself. The burden of proving this rests on the injured person. Where a presumption of the Civil Matters — Volume 10 · Source page ٦٦٤
  13. Principle 3611The criminal court's acquittal of the appellant of the charge of unintentionally causing a fire in his vehicle, which led to the fire spreading to the other vehicles, among the two of which was the first respondent's vehCivil Matters — Volume 10 · Source page ٦٦٥
  14. Principle 3612Liability of the custodian of things. Its basis. Fault in custody presumed to have been committed by the custodian, which does not admit proof to the contrary. The custodian’s proving that he committed no fault or that hCivil Matters — Volume 10 · Source page ٦٦٥
  15. Principle 3613Custodian of a thing within the meaning intended by law. Its nature. The criterion is actual control over the thing. - The general rule is that custody belongs to the owner of the thing. Another person’s exercise of actuCivil Matters — Volume 10 · Source page ٦٦٥
  16. Principle 3614Liability of the custodian of a thing. Its foundation. Fault presumed to have been committed by the custodian of the thing or his subordinate. A judgment acquitting the custodian does not preclude a claim for compensatioCivil Matters — Volume 10 · Source page ٦٦٥
  17. Principle 3615Liability of the custodian of things. Presumed. It is removed only if the custodian proves that the damage occurred through an extraneous cause in which he had no part. Article 243 Civil Code.Civil Matters — Volume 10 · Source page ٦٦٥
  18. Principle 3616Liability for damage caused by dangerous things. For liability to arise, it is sufficient that the damage resulting from the thing derive from its very nature or condition, characterized by dangerousness in terms of expoCivil Matters — Volume 10 · Source page ٦٦٥
  19. Principle 3618Liability of the custodian of a thing. Its establishment on the basis of presumed fault in custody that does not admit proof to the contrary. The custodian’s proving that he committed no fault or that he exercised the reCivil Matters — Volume 10 · Source page ٦٦٦
  20. Principle 3619The general rule is that custody of a thing belongs to its owner. His liability to compensate for damage resulting from the accident is presumed. The bursting of one of the vehicle’s tyres is not an external cause severiCivil Matters — Volume 10 · Source page ٦٦٦

  21. مسئولية متولي الرقابة

    Principle 3620Proof by the custodian of a thing that he committed no fault or exercised the requisite care and precaution. It does not avert his liability. When his liability for the damage is negated. His proving that the damage occuCivil Matters — Volume 10 · Source page ٦٦٧
  22. Principle 3621Liability of the person charged with supervising a person requiring supervision. Presumed liability of the supervisor. Its rebuttal by proving that he performed the duty of supervision or by negating the causal relationsCivil Matters — Volume 10 · Source page ٦٦٧
  23. Principle 3622Liability of the person charged with supervision for unlawful acts committed by those under his supervision. Its basis and when it is lifted.Civil Matters — Volume 10 · Source page ٦٦٧
  24. Principle 3623Liability of the person undertaking supervision. The prerequisite for its establishment. - Juvenile care institution. It bears the burden of caring for the juvenile placed with it, supervising his conduct, psychologicallCivil Matters — Volume 10 · Source page ٦٦٧
  25. Principle 3624Liability of the person charged with supervising a person who requires supervision. Liability presumed by a rebuttable presumption. - Assessing the absence of fault on the part of the person undertaking supervision and tCivil Matters — Volume 10 · Source page ٦٦٧
  26. Principle 3625Liability of a person charged with supervision for unlawful acts committed by those under his supervision. Its basis is presumed fault that admits of proof to the contrary. The criterion for its exclusion. - 667 - ObligaCivil Matters — Volume 10 · Source page ٦٦٧
  27. Principle 3626The person responsible for a minor’s upbringing. Obliged to compensate the damage caused by the minor’s unlawful act. This liability is based on fault presumed in favor of the injured party, namely breach of the duty of Civil Matters — Volume 10 · Source page ٦٦٨
  28. Principle 3627The liability of the person charged with supervision for unlawful acts committed by those under his supervision. It is based on a rebuttably presumed fault. The criterion for its removal. - Supervision of a minor transfeCivil Matters — Volume 10 · Source page ٦٦٨
  29. Principle 3628A person's liability for another's act. It is added to that other's own liability without extinguishing, absorbing, or replacing it. Effect. Payment of compensation to the injured party by the person charged with superviCivil Matters — Volume 10 · Source page ٦٦٨
  30. Principle 3629Liability of the person responsible for supervision. Based on a rebuttable presumption of fault. Its consequence. It is not negated unless that person proves performance of the duty of supervision with the requisite careCivil Matters — Volume 10 · Source page ٦٦٨

  31. المسئولية عن المنافسة التجارية غير المشروعة

    Principle 3630Supervision of a minor. Its transfer to his teachers at school. The condition for this. The minor remaining under the teacher's supervision. - The school principal in his capacity as its foremost supervisor. Requiring hiCivil Matters — Volume 10 · Source page ٦٦٨
  32. Principle 3631Compensation for damage resulting from unfair competition. The judge may assess it.Civil Matters — Volume 10 · Source page ٦٦٩
  33. Principle 3632Unfair competition. Tortious fault. Inference of its existence is within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٦٦٩
  34. Principle 3633Unlawful commercial competition. A tortious act entailing its perpetrator's liability to compensate for the resulting damage.Civil Matters — Volume 10 · Source page ٦٦٩
  35. Principle 3634Bringing goods covered by the agency into the agent's territory during the agency term through channels other than the agent, with the intention of trading in them. Unlawful commercial competition against the agent or diCivil Matters — Volume 10 · Source page ٦٦٩
  36. Principle 3635Bringing goods bearing the original producer’s trademark, for which the local agent has exclusivity, into his territory or that of the distributor during the term of his agency and other than through him, for the purposeCivil Matters — Volume 10 · Source page ٦٦٩
  37. Principle 3636Use of a trade name by someone other than its owner in a manner contrary to law. Unfair competition. Interested persons may seek prohibition of its use, its deletion from the commercial register, and compensation where wCivil Matters — Volume 10 · Source page ٦٦٩

  38. المسئولية عن الغصب

    Principle 3637Unfair competition. Is considered a tortious act. The effect of this. Its perpetrator's liability to compensate for the resulting damage. Article 227, Civil Code. Liability for usurpation:Civil Matters — Volume 10 · Source page ٦٧٠
  39. Principle 3638The government's seizure of real property without following the prescribed procedures constitutes usurpation, even if for public benefit. Compensation for it must be made in accordance with the provisions governing tort Civil Matters — Volume 10 · Source page ٦٧٠
  40. Principle 3639Expropriation for public benefit. It may be direct or indirect. Indirect expropriation. Usurpation. The administrative authority may return the usurped property to its owner, and it has no right that he compel it to retaCivil Matters — Volume 10 · Source page
  41. Principle 3642The right to report crimes. The criterion for entitlement to compensation in respect thereof: malicious use with intent to harm and injure. Assessment of the existence or absence of malicious use. A question of fact exclCivil Matters — Volume 10 · Source page
  42. Principle 3643Obtaining a judgment establishing entitlement to obtain a passport for a person with diminished legal capacity. Permissible for any interested person. The condition: proof that the legal representative has abused the exeCivil Matters — Volume 10 · Source page
  43. Principle 3645Damage suffered by another as a result of exercising a right. Does not entail liability. The reason: exercising a right is a permissible act. The exception: where the exercise of the right is intended to cause vexation aCivil Matters — Volume 10 · Source page
  44. Principle 3646Unlawfulness of exercising the right of recourse to the courts. Its two conditions. Intent to harm another and absence of any interest. - Exemption from criminal liability does not preclude recourse for abnormal neighbouCivil Matters — Volume 10 · Source page
  45. Principle 3647Assessment of abuse in exercising a right and infliction of abnormal damage. A question of fact independently determined by the court of merits, provided it is reasonable.Civil Matters — Volume 10 · Source page
  46. Principle 3648Absence of liability of the holder of a right where its exercise results in damage to others. The condition for this. That it is not intended to harass or cause hardship. - 671 - Obligation - Inferring fault entailing liCivil Matters — Volume 10 · Source page
  47. Principle 3649Reporting crimes. A right and a duty. When its exercise does not give rise to liability, and the criterion for the informant’s liability for compensation. - Determining whether abuse in the exercise of the right exists oCivil Matters — Volume 10 · Source page
  48. Principle 3651The condition for admitting a claim for compensation for malicious litigation for the first time before the court hearing the challenge. The claim must be founded on malice in the challenge itself or in the manner in whiCivil Matters — Volume 10 · Source page
  49. Principle 3652The general rule is that lawful exercise of a right excludes liability for resulting damage to others. The exception: such exercise departing from the sphere of lawfulness. Its forms are specified by Article 30, Civil CoCivil Matters — Volume 10 · Source page
  50. Principle 3653Lawful exercise of a right. Its effect. No liability for the resulting damage. - Unlawful exercise of a right. Its cases: if its sole purpose is to harm another, or the resulting interest is wholly disproportionate to thCivil Matters — Volume 10 · Source page
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