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. مسئولية المباشر: مناطها وقوع الضرر وليس الخطأ

    Principle 3775The injured party may resort to an action for guaranteed compensation for personal injury on the basis of direct causation, even if he has recourse through an action for liability for an unlawful act.Civil Matters — Volume 10 · Source page ٦٩٥
  2. Principle 3776The burden of damage falls upon the person who directly caused it, in accordance with the provisions of Islamic Sharia and what is contained in the schedule of blood money. The direct actor in Islamic jurisprudence is onCivil Matters — Volume 10 · Source page ٦٩٥
  3. Principle 3777Liability of the direct actor. When it arises. Difference between direct action and indirect causation. Example of direct action. Death occurring as a result of the insured vehicle colliding with the victim’s vehicle witCivil Matters — Volume 10 · Source page ٦٩٥
  4. Principle 3778The direct actor in Islamic jurisprudence. His definition. Example. A car veering to the left and obstructing the path of another without colliding with it, and proof that the other was the colliding car. Its implicationCivil Matters — Volume 10 · Source page ٦٩٦
  5. Principle 3779Guaranteeing personal injury that entails Sharia diyah. Its payment is borne by the person who directly caused it. Definition of the direct actor in Islamic jurisprudence. Example: a speeding car colliding with another pCivil Matters — Volume 10 · Source page ٦٩٦
  6. Principle 3780The direct actor's obligation to guarantee compensation. The condition for its arising. If his act, which he performed himself, itself brought about the damage and was its cause without an intermediary and without anotheCivil Matters — Volume 10 · Source page ٦٩٦
  7. Principle 3781The direct actor in Islamic jurisprudence. His definition. - The victim falling, while running and playing with a ball, beneath the wheels of a moving car, causing his death without anything intervening between the car sCivil Matters — Volume 10 · Source page ٦٩٦
  8. Principle 3782The deceased's rushing in his vehicle onto the carriageway of the public road from a side opening controlled by a malfunctioning traffic signal, when road conditions did not permit him to do so because of the passage of Civil Matters — Volume 10 · Source page ٦٩٦
  9. Principle 3783Gross misconduct precluding the liability of the direct actor. Its nature. An example of its negation. - 696 - ObligationCivil Matters — Volume 10 · Source page ٦٩٦
  10. Principle 3784The guarantee against bodily harm requires payment of diya. In accordance with the provisions of Islamic Sharia. - The direct actor is the person whose act, personally performed, itself brought about the damage and was aCivil Matters — Volume 10 · Source page ٦٩٧
  11. Principle 3785The direct actor is the person whose act caused the harm without an intermediary. Absence of fault does not preclude the direct actor’s liability. Reason therefor. - The direct actor’s liability. Is extinguished by the iCivil Matters — Volume 10 · Source page ٦٩٧
  12. Principle 3787The direct actor is the person whose act brought about the damage in itself without an intermediary. - The indirect causer is the person who affected the damage through an intermediary.Civil Matters — Volume 10 · Source page ٦٩٧
  13. Principle 3788Liability for diya for injury to the person. The criterion for its establishment. The occurrence of damage, not fault. Its removal by gross misconduct. Gross misconduct. Its nature.Civil Matters — Volume 10 · Source page ٦٩٧
  14. Principle 3789Guarantee for personal injury requiring diyah. Its financial burden falls on the direct actor even if that actor acted neither intentionally nor wrongfully. - The direct actor in Islamic jurisprudence. Its nature. And thCivil Matters — Volume 10 · Source page ٦٩٧
  15. Principle 3790Definition of the direct actor. The difference between the direct actor and indirect causation. - Establishment that the direct actor's act was not the cause of the damage and did not itself produce it. Its effect. SelecCivil Matters — Volume 10 · Source page ٦٩٧
  16. Principle 3791Establishment of the heirs’ entitlement to Sharia blood money for the death of their predecessor caused by the direct actor, and their failure to establish one of the claims of liability for unlawful acts. Their claim foCivil Matters — Volume 10 · Source page ٦٩٨
  17. Principle 3792The deceased’s driving the vehicle on the right side of the road, then turning left to enter an opening in the central median after seeing the insured vehicle behind him at a distance of 2 or 3 metres. Death occurring asCivil Matters — Volume 10 · Source page ٦٩٨
  18. Principle 3794The direct actor and the indirect causer. The nature of each. - Liability of the direct actor. Its criterion is the occurrence of damage. It is not averted by negating fault.Civil Matters — Volume 10 · Source page ٦٩٨
  19. Principle 3795The direct actor’s liability for personal injury. Its consequence. Limiting the remedy to diyah alone. - An action to guarantee personal injury. A subsidiary action affording relief to the injured party where the rules oCivil Matters — Volume 10 · Source page ٦٩٨
  20. Principle 3796The provisions of the Civil Code contained in the chapter on personal injury. Their purpose is to protect shed blood so that no blood goes uncompensated in Islam. - The direct actor is liable even if he acted neither intCivil Matters — Volume 10 · Source page ٦٩٨
  21. Principle 3797The general rule governing liability for personal injury warranting diya in accordance with Islamic Sharia provisions and the contents of the diya schedule. The burden of the damage falls upon its direct perpetrator.Civil Matters — Volume 10 · Source page ٦٩٩
  22. Principle 3798The direct actor in Islamic jurisprudence. His definition. The distinction between direct action and indirect causation. - The movement of a vehicle is the act of its driver because it results from his activity. He is reCivil Matters — Volume 10 · Source page ٦٩٩
  23. Principle 3799The direct actor is the person whose act, which he performed himself, itself brought about the damage and was its cause without an intermediary or the intervention of a matter between the act and the damage resulting dirCivil Matters — Volume 10 · Source page ٦٩٩
  24. Principle 3800Definition of the direct actor. Difference between direct causation and indirect causation. - The direct actor’s liability is based on directly causing damage, not on fault. Effect thereof. His liability is not negated bCivil Matters — Volume 10 · Source page ٦٩٩
  25. Principle 3801The direct actor is liable even if he neither acts intentionally nor transgresses. - Definition of the direct actor under Sharia. - The mere parking of a vehicle in its designated place alongside the public road. AnotherCivil Matters — Volume 10 · Source page ٦٩٩
  26. Principle 3802The direct actor in Islamic jurisprudence. His definition. - The deceased's collision in his car with another car, followed by his swerving in his car, where the insured car struck him and his death occurred without any Civil Matters — Volume 10 · Source page ٧٠٠
  27. Principle 3803Gross misconduct that relieves the direct perpetrator of liability. Its meaning. What does not rise to that level. - Definition of the direct perpetrator according to Islamic Sharia jurists. - The judgment's finding thatCivil Matters — Volume 10 · Source page ٧٠٠
  28. Principle 3804The direct actor in Islamic jurisprudence. His definition and the distinction between him and the indirect causer. - A vehicle stopping to water plants on the road's central reservation while using warning signals. The dCivil Matters — Volume 10 · Source page ٧٠٠
  29. Principle 3805Under Sharia, the direct actor is the person who affected and brought about the destruction and himself brought about death without an intermediary and was its cause; whereas the indirect causer is the person who affecteCivil Matters — Volume 10 · Source page ٧٠٠
  30. Principle 3806The direct perpetrator of personal injury warranting diya. Liable even if he acted neither intentionally nor transgressively. Determining whether the damage occurred directly or through indirect causation. Islamic jurispCivil Matters — Volume 10 · Source page ٧٠١
  31. Principle 3807The direct actor, where damage occurs as a result of his activity in driving the vehicle and its overturning while in motion, resulting in injury to the female victim who was riding in it. Is obliged to make good this daCivil Matters — Volume 10 · Source page ٧٠١
  32. Principle 3808The direct actor is the person whose act, which he performed himself, itself brought about the damage and was its cause without any matter intervening between that act and the damage. - Gross misconduct that removes the Civil Matters — Volume 10 · Source page ٧٠١
  33. Principle 3809Rules governing liability for unlawful acts. Their difference from the rules governing compensation for personal injury. - Inquiry into who qualifies as a direct actor. Confined to the case where the injured party bringsCivil Matters — Volume 10 · Source page ٧٠١
  34. Principle 3810The direct actor is a person whose act, performed by himself, has itself brought about the harm. His liability is lifted where it is established that the injured party intentionally injured himself or as a result of deliCivil Matters — Volume 10 · Source page ٧٠١
  35. Principle 3811The direct actor is liable even if he acted neither intentionally nor wrongfully. His definition in Islamic jurisprudence: a person whose act, which he personally performed, itself brought about the harm and caused it wiCivil Matters — Volume 10 · Source page ٧٠٢
  36. Principle 3812The direct actor in Islamic Sharia jurisprudence. Its definition. The distinction between direct action and indirect causation. - The gross misconduct that removes the direct actor’s liability is inexcusable fault consisCivil Matters — Volume 10 · Source page ٧٠٢
  37. Principle 3813The direct actor’s liability for personal injury. Its conditions and implication. The distinction between direct action and indirect causation. - Establishing liability for diyah is based not on the occurrence of fault bCivil Matters — Volume 10 · Source page ٧٠٢
  38. Principle 3814Liability for personal injury. Its burden falls upon its direct perpetrator. The direct perpetrator: a person whose act, personally performed by him, itself brought about the damage and caused it without any intermediaryCivil Matters — Volume 10 · Source page ٧٠٢
  39. Principle 3815Making good bodily harm that requires Sharia-prescribed blood money. Its burden falls on the person who directly inflicted it. The definition of the direct actor in Islamic jurisprudence. An example of the first respondeCivil Matters — Volume 10 · Source page
  40. Principle 3816Establishment that the damage resulted directly from the collision of the insured vehicle with the vehicle driven by the victim, without the intervention of any other matter. Establishment of the status of its driver as Civil Matters — Volume 10 · Source page
  41. Principle 3817Gross and intentional misconduct that relieves the direct actor of liability. Its nature. An excessive departure from proper conduct exceeding gross negligence, without reaching the degree of intending the result, by undCivil Matters — Volume 10 · Source page
  42. Principle 3818Definition of the direct actor. - The direct actor's liability is founded on directly causing harm, not on fault. Effect thereof. His liability is not excluded by the absence of fault on his part or merely by fault on thCivil Matters — Volume 10 · Source page
  43. Principle 3819The direct actor is liable to indemnify even if he acted neither intentionally nor wrongfully. - Definition of the direct actor under Sharia. The distinction between direct action and indirect causation. - The direct actCivil Matters — Volume 10 · Source page
  44. Principle 3820Guarantee of personal injury. Its financial burden falls upon the person who directly inflicted it, in accordance with Islamic Sharia provisions and the contents of the blood-money schedule. - The direct actor in IslamicCivil Matters — Volume 10 · Source page
  45. Principle 3822A harmful act is one of the sources of obligations. Its two categories: an unlawful act and personal injury requiring indemnification in accordance with the provisions on diya under Islamic Sharia when the avenue to redrCivil Matters — Volume 10 · Source page
  46. Principle 3823The direct actor is obliged to indemnify personal injury warranting diya in accordance with the provisions of Islamic Sharia and the contents of the diya schedule whenever such damage occurs through direct action and thrCivil Matters — Volume 10 · Source page
  47. Principle 3824The direct actor in Islamic Sharia jurisprudence. Its definition. The distinction between the direct actor and indirect causation. - The gross misconduct that removes the direct actor’s liability: an excessive departure Civil Matters — Volume 10 · Source page
  48. Principle 3825Gross and intentional misconduct on the injured person’s part that relieves the direct actor of liability. Its nature. - The judgment’s statement in its reasons that the state of manifest intoxication of the respondents’Civil Matters — Volume 10 · Source page
  49. Principle 3826The direct perpetrator in Islamic Sharia jurisprudence. His nature. - Treating the movement of a vehicle as an act of its owner. Its effect. Treating him as the direct perpetrator of every injury resulting from that moveCivil Matters — Volume 10 · Source page
  50. Principle 3827The direct actor. His definition. He is the person whose act, which he personally performed, itself brought about the damage and was its cause without an intermediary. - The direct actor's liability. Is lifted from him iCivil Matters — Volume 10 · Source page
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