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

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  1. المسئولية عن التعسف وإساءة استعمال الحق

    Principle 3654Abuse of a right. Its definition. Article 30 of the Civil Code. An example. - The employer's establishment of regulations containing a promotion system based on the principle of equal opportunity and employment fairness.Civil Matters — Volume 10 · Source page ٦٧٢
  2. Principle 3655Lawful exercise of a right. Its effect. No liability for damage arising therefrom. Reason thereof. The criterion for liability to compensate for damage is the occurrence of fault, and there is no fault in a right-holder'Civil Matters — Volume 10 · Source page ٦٧٣
  3. Principle 3656Unlawful exercise of a right. Its meaning. - Unlawful exercise of a right. Its criteria. Lack of proportionality between the interest of the right-holder and the damage suffered by another. A presumption of the existenceCivil Matters — Volume 10 · Source page ٦٧٣
  4. Principle 3659Rules governing enforcement of judgments. They include that enforcement must be directed against the judgment debtor. Verification of the identity of the person against whom enforcement is sought. Rests upon the enforcemCivil Matters — Volume 10 · Source page ٦٧٣
  5. Principle 3660Lawful exercise of a right does not entail liability for damage arising therefrom. Reason: the prerequisite for liability to compensate damage is fault resulting from exercising that right outside the sphere of lawfulnesCivil Matters — Volume 10 · Source page ٦٧٤
  6. Principle 3661The exercise of a right cannot give rise to censure or entail liability. Its limit: that it was not intended to cause vexation or obstinacy and was not accompanied by any form of negligence or fault. Reason thereof. - DiCivil Matters — Volume 10 · Source page ٦٧٤

  7. المسئولية عن إساءة استعمال حق التقاضي

    Principle 3662Presentation of a cheque to the drawee. Its effect. It must pay its value irrevocably. The bank's negligence or error in verifying the existence of funds in the drawer's account sufficient for payment, and its payment ofCivil Matters — Volume 10 · Source page ٦٧٤
  8. Principle 3663Diverting the right to litigate from its intended purpose and exercising it maliciously with a view to causing harm. Fault giving rise to liability.Civil Matters — Volume 10 · Source page ٦٧٤
  9. Principle 3664The right to litigate or defend. Abuse thereof gives rise to liability. Liability does not require the absence of an intention to obtain - 674 - Obligation a benefit on the part of the person bringing the action or preseCivil Matters — Volume 10 · Source page ٦٧٤
  10. Principle 3665Abuse of the exercise of a right. A fault giving rise to liability. Its determination is a matter of fact.Civil Matters — Volume 10 · Source page ٦٧٥
  11. Principle 3666The exercise of a right does not give rise to liability unless intended to vex or cause hardship. - The right to complain, resort to the courts and take conservatory and enforcement measures. A general right. Its exercisCivil Matters — Volume 10 · Source page ٦٧٥
  12. Principle 3667Fault giving rise to liability for an unlawful act. When it is established. - The right to complain and to seek judicial recourse. Its limits. - Fault giving rise to liability and the existence of damage. Inferring theirCivil Matters — Volume 10 · Source page ٦٧٥
  13. Principle 3668The right to litigate and defend is among the permissible public rights vested in everyone. Abuse of its exercise entails its holder's liability to compensate for the damage suffered by his opponent as a result. - AssessCivil Matters — Volume 10 · Source page ٦٧٥
  14. Principle 3669The right to resort to the courts, to complain, or to report crimes. Among the public rights. It may not be diverted from its purpose and exercised maliciously.Civil Matters — Volume 10 · Source page ٦٧٥
  15. Principle 3671Unlawful exercise of a right. Its forms. The common criterion among those forms is the intention to harm others, positively, by deliberately seeking to harm others without any benefit accruing to the holder of the right Civil Matters — Volume 10 · Source page ٦٧٦
  16. Principle 3672The right to complain, resort to the courts and take conservatory and enforcement measures. Among the general rights, unless their exercise is accompanied by an intent to vex and harm others.Civil Matters — Volume 10 · Source page ٦٧٦
  17. Principle 3673Criminal conviction of a public employee for gross personal fault reaching the level of a crime. Attribution of that fault to the public service. No basis therefor. Its implication. The person civilly liable to compensatCivil Matters — Volume 10 · Source page ٦٧٦
  18. Principle 3674Exercise of a right. When it is unlawful. - The right to litigate and defend. Among the permissible rights unless a deviation from the permissible right into obstinate and vexatious conduct seeking to harm the opponent iCivil Matters — Volume 10 · Source page ٦٧٦
  19. Principle 3675When the exercise of a right is unlawful: instances thereof. - Reporting crimes. A right conferred upon individuals and a duty incumbent upon them. The mere falsehood of the informant and the infliction of harm upon anotCivil Matters — Volume 10 · Source page ٦٧٦
  20. Principle 3676A claim for compensation for vexatious litigation made for the first time before the court reviewing the appeal. Its basis. - Compensation for damage arising from bringing the action initially. Must be sought before the Civil Matters — Volume 10 · Source page ٦٧٦
  21. Principle 3678A judgment concluding that a litigant is liable for damage arising from the malicious, unlawful exercise of the right to litigate. It must set out the factual elements and circumstances from which it inferred the intent Civil Matters — Volume 10 · Source page ٦٧٧
  22. Principle 3679A person who lawfully exercises his right is not liable for damage arising therefrom. The reason for this. - Exercise of a right. When it is unlawful. - The right to complain and seek adjudication by the courts. Among thCivil Matters — Volume 10 · Source page ٦٧٧

  23. المسئولية عن التبليغ عن الجرائم

    Principle 3680Award of compensation for damage from malicious litigation. Its prerequisite. The appeal or the manner of the opponent’s conduct in defending the appeal must have been intended to vex. Article 135 of the Law of ProcedureCivil Matters — Volume 10 · Source page ٦٧٧
  24. Principle 3681Liability for reporting crimes. The prerequisite for its establishment. An example of the absence of liability.Civil Matters — Volume 10 · Source page ٦٧٧
  25. Principle 3683Reporting crimes. A duty imposed on individuals. Holding the reporting person liable for compensation. Its basis. Malicious intent and intent to harm the person reported, or submission of the report without due consideraCivil Matters — Volume 10 · Source page ٦٧٨
  26. Principle 3684Reporting crimes that occur to the Public Prosecution or the police is a right accorded to every person, indeed a duty incumbent upon him and upon every public employee who learns of them. Reason thereof. No liability arCivil Matters — Volume 10 · Source page ٦٧٨
  27. Principle 3685Exercise of a right. The rule is that it is lawful. The exception. Its departure from the bounds of lawfulness. - Reporting crimes. A right and a duty of individuals. Refraining from performing it. Subjects them to the pCivil Matters — Volume 10 · Source page ٦٧٨
  28. Principle 3686Reporting crimes. A right granted to individuals, which they exercise within the limits of the law. Effect: they are not liable for compensation merely because the report is false and causes damage to the person reportedCivil Matters — Volume 10 · Source page ٦٧٨
  29. Principle 3687Reporting crimes is a right and a duty of individuals. Their failure to do so renders them liable to punishment. Article 14 of the Criminal Procedure Code. - Holding the reporting person liable for compensation merely beCivil Matters — Volume 10 · Source page ٦٧٩
  30. Principle 3688Reporting crimes is among the rights conferred upon individuals, which they exercise within the limits of the law. Its implication. A person exercising it is not liable for compensation merely because his report is falseCivil Matters — Volume 10 · Source page ٦٧٩
  31. Principle 3689The right to report crimes. Among the rights permitted to persons. The mere falsity of the report and occurrence of damage to the person reported against. Insufficient to render the reporting person liable for compensatiCivil Matters — Volume 10 · Source page ٦٧٩

  32. مسئولية الناشر

    Principle 3690Exercise of a right. The general rule is that it is lawful. This exercise departing from the sphere of lawfulness. An exception to this general rule. Article 30 of the Civil Code. - Reporting crimes. A lawful right for aCivil Matters — Volume 10 · Source page ٦٧٩
  33. Principle 3692Fault through publication in newspapers gives rise to tort liability. When the publisher remains within the limits of permissible criticism, even if his language is harsh and his commentary vehement.Civil Matters — Volume 10 · Source page ٦٨٠
  34. Principle 3693Fault giving rise to compensation in tortious liability occurs through publication in newspapers involving insult and defamation, even in the absence of malicious intent. When the publisher’s fault is negated: where the Civil Matters — Volume 10 · Source page ٦٨٠
  35. Principle 3694Permissible publication is that which contains nothing offending public morals or impairing individuals' dignity or personal freedoms. The effect of exceeding this limit. Holding the person responsible accountable as perCivil Matters — Volume 10 · Source page ٦٨٠
  36. Principle 3695The constitutional rule is freedom of thought and expression of opinion, including the right to criticize. The exception. A restriction upon that. - Permissible publication. Its nature and limits. Exceeding this limit. ICivil Matters — Volume 10 · Source page ٦٨٠
  37. Principle 3696The constitutional principle is freedom of thought and expression of opinion, including the right to criticize. The exception is the restriction, which may not efface the principle, encroach upon it, or suspend it, and wCivil Matters — Volume 10 · Source page ٦٨٠
  38. Principle 3697Publishing material that impairs persons’ dignity or personal freedoms. Liability for it falls upon the editor-in-chief and the author of the article. Articles 26, 28 of the Printing and Publishing Law No. 3 of 1961(*), Civil Matters — Volume 10 · Source page ٦٨١
  39. Principle 3703Permissible publication. Its nature. That which does not offend public morals or infringe persons’ dignity or their personal freedoms guaranteed by the Constitution and the law. Exceeding this limit. Effect. Holding the Civil Matters — Volume 10 · Source page ٦٨٢
  40. Principle 3704The offence of defamation. For its existence, it suffices that its expressions be directed in a form that makes it easy to understand their intended meaning and identify the person concerned by the defamation. The court'Civil Matters — Volume 10 · Source page
  41. Principle 3705Publication of an attack on the acts of an employee amounting to defamation. The writer or publisher is not obliged to prove the truth of the incident to avert liability. It suffices to prove his good faith in believing Civil Matters — Volume 10 · Source page
  42. Principle 3706The newspaper’s editor-in-chief. His liability for the publication offence. Article 28 of Law 3/1961 promulgating the Press and Publications Law, as amended (before its repeal by Law 1 of 2006). - The editor-in-chief’s lCivil Matters — Volume 10 · Source page
  43. Principle 3707Fault giving rise to compensation in tort liability. Established by publication in newspapers involving insult and defamation, even without malicious intent, so long as there is recklessness and lack of caution. - 683 - Civil Matters — Volume 10 · Source page
  44. Principle 3708The rule is freedom of thought and opinion, including the right of criticism. The exception is prohibition of publication. Its condition. Infringement of one of the values. That which occurs through publication and harmsCivil Matters — Volume 10 · Source page
  45. Principle 3709The criterion for the administration's liability for administrative decisions. Fault in issuing an unlawful administrative decision. A minor defect in competence or form in an administrative decision conforming to law doCivil Matters — Volume 10 · Source page
  46. Principle 3711The basis of the administration's liability for administrative decisions. Fault in issuing an unlawful administrative decision. Issuance of an administrative decision free from defect. Its effect. Absence of the administCivil Matters — Volume 10 · Source page
  47. Principle 3712The administration's liability for administrative decisions issued concerning public employees. Its source is the law. Basis and effect thereof. An action for compensation therefor is barred by ordinary prescription, notCivil Matters — Volume 10 · Source page
  48. Principle 3713Property owners’ entitlement to compensation for expropriation of their properties under the rules of tort liability. Its criterion. The administration’s failure to follow the legal procedures, whereby its seizure of theCivil Matters — Volume 10 · Source page
  49. Principle 3714Judicial police acts for which the State is not liable. Their nature. Example.Civil Matters — Volume 10 · Source page
  50. Principle 3715Expropriation of real property without following legal procedures. Usurpation. Its effect. The administration’s liability to compensate its owner. Reason therefor.Civil Matters — Volume 10 · Source page
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