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 3828The direct actor is liable for bodily harm warranting blood money. - The direct actor is liable even if he neither acted intentionally nor transgressed. - The direct actor is one whose act, performed by himself, itself bCivil Matters — Volume 10 · Source page ٧٠٥
  2. Principle 3829The direct actor is liable even if he acted neither intentionally nor wrongfully. Islamic jurisprudence must be consulted to determine whether the damage occurred directly or through indirect causation. - The direct actoCivil Matters — Volume 10 · Source page ٧٠٥
  3. Principle 3830The gross misconduct that relieves the direct perpetrator of liability pursuant to Article 257 of the Civil Code is a person's intentionally inflicting injury upon himself, aware of his fault and taking its consequence iCivil Matters — Volume 10 · Source page ٧٠٦
  4. Principle 3831Gross and intentional misconduct that excludes the guarantee against bodily harm. It must originate from the injured person himself, not from the person responsible for him. Its implication: the injured girl's father's nCivil Matters — Volume 10 · Source page ٧٠٦
  5. Principle 3832The direct actor. His definition. The difference in nature between direct infliction and indirect causation. The direct actor’s liability for blood money. Its basis. His direct infliction of the harm. Negating fault on hCivil Matters — Volume 10 · Source page ٧٠٦
  6. Principle 3833The direct actor in Islamic jurisprudence. What is meant thereby. One whose act, which he personally performed, brought about the damage and caused it without an intermediary, that is, without anything intervening betweeCivil Matters — Volume 10 · Source page ٧٠٦
  7. Principle 3834The Constitution undertook to lay down the general rules concerning citizens’ rights and duties. Regulation of those matters. Laid down by law. - Establishing liability on the basis of damage pursuant to Article 255 of tCivil Matters — Volume 10 · Source page ٧٠٧
  8. Principle 3835The direct actor is obliged to guarantee compensation for personal injury. His obligation to pay diya or part thereof in accordance with the provisions of Islamic Sharia and the contents of the diya schedule. Articles 25Civil Matters — Volume 10 · Source page ٧٠٧
  9. Principle 3836The harmful act. A source of obligations. Its foundation on two matters: the first, establishing full, comprehensive liability rooted in the concept of fault generally and aimed at compensating damage in all its manifestCivil Matters — Volume 10 · Source page ٧٠٧
  10. Principle 3838The direct actor is liable even if he did not act intentionally or transgress. He is the person whose act, personally performed, itself brought about the damage and caused it without an intermediary. Direct action differCivil Matters — Volume 10 · Source page ٧٠٨
  11. Principle 3839The direct actor is one whose act, performed personally, itself brought about the damage and caused it without an intermediary. The distinction between direct action and indirect causation. - Proof that the direct actor’Civil Matters — Volume 10 · Source page ٧٠٨
  12. Principle 3840The direct actor is a person whose act that he personally performed itself brought about the damage and caused it without an intermediary. The distinction between direct action and indirect causation. Example concerning Civil Matters — Volume 10 · Source page ٧٠٨
  13. Principle 3841Gross and intentional misconduct that relieves the direct perpetrator of liability. Its nature. - The challenged judgment's conclusion, within its discretionary authority, that the appellant was the direct perpetrator beCivil Matters — Volume 10 · Source page ٧٠٩
  14. Principle 3842Gross and intentional misconduct on the part of the injured person which lifts liability from the direct actor. Its nature. Article 257, Civil Code. - Characterizing fault as gross and intentional misconduct, or denying Civil Matters — Volume 10 · Source page ٧٠٩
  15. Principle 3843Gross and intentional misconduct on the part of the injured person which relieves the direct actor of liability. Its nature. - Characterizing fault as gross and intentional misconduct, or denying that characterization. ACivil Matters — Volume 10 · Source page ٧٠٩
  16. Principle 3844The direct perpetrator’s obligation to guarantee injury to the person, namely to pay blood money. A fallback rule by which the legislature intended to preserve spilled blood from going uncompensated in cases where the ruCivil Matters — Volume 10 · Source page ٧٠٩
  17. Principle 3845The direct actor. Its definition and what distinguishes it from indirect causation. - Determining whether the direct actor's act has itself brought about the harm without an intermediary, or negating that. A matter of faCivil Matters — Volume 10 · Source page ٧١٠
  18. Principle 3846The provisions of the Civil Code contained in the chapter on personal injury. Their purpose is to safeguard shed blood so that no blood goes uncompensated in Islam. The direct actor is liable. - The direct actor. A persoCivil Matters — Volume 10 · Source page ٧١٠

  19. مسئولية الطبيب

    Principle 3847The direct actor's obligation to guarantee against bodily harm, that is, to pay diya. A subsidiary rule through which the legislator intended to ensure that shed blood does not go uncompensated in cases where the rules oCivil Matters — Volume 10 · Source page ٧١٠
  20. Principle 3849A physician’s liability. Its basis. Violation of established, undisputed medical rules.Civil Matters — Volume 10 · Source page ٧١١
  21. Principle 3851Fault giving rise to liability. Inferring its presence or absence. A question of fact. Its assessment falls exclusively to the trial judge.Civil Matters — Volume 10 · Source page ٧١١
  22. Principle 3852The physician's liability for his professional fault. Its basis. - Inferring the existence or absence of fault giving rise to liability. Within the authority of the trial court, provided the inference is reasonable. - A Civil Matters — Volume 10 · Source page ٧١١
  23. Principle 3853A physician’s liability for his fault giving rise to liability and the causal link between it and the damage. A matter of fact. Within the independent province of the trial court, provided its determination is reasonableCivil Matters — Volume 10 · Source page ٧١٢
  24. Principle 3854A physician’s obligation to treat his patients. An obligation to exercise care. - A physician’s liability for his professional fault. Its criterion. Establishment of fault conclusively and with certainty.Civil Matters — Volume 10 · Source page ٧١٢
  25. Principle 3855The criterion for a physician's liability for his fault. Violation of the established principles of medical practice and its fundamental scientific rules through ignorance or carelessness, and the existence of a causal lCivil Matters — Volume 10 · Source page ٧١٢
  26. Principle 3856The physician’s liability for his professional fault. The criterion for its establishment. - Assessing the existence or absence of fault giving rise to liability. A factual matter exclusively for the court of merits, proCivil Matters — Volume 10 · Source page ٧١٢
  27. Principle 3857A physician’s obligation in treating his patients is to exercise care, not to achieve a result. His liability for technical error. Its prerequisite. Causing harm to the patient. The reason for this. - What matters for liCivil Matters — Volume 10 · Source page ٧١٢
  28. Principle 3858A physician's liability for his fault. Its prerequisite. Proof that, through ignorance or negligence, his conduct contravened the principles of medical practice and its fundamental scientific rules that admit of no debatCivil Matters — Volume 10 · Source page ٧١٢
  29. Principle 3859A physician's liability for his fault. Its basis. His violation, through ignorance or negligence, of the principles of medical practice and its fundamental scientific rules, and the existence of a causal link between thiCivil Matters — Volume 10 · Source page ٧١٢
  30. Principle 3860The challenged judgment's reasonable inference, from the forensic medical report, of the absence of professional fault on the part of the physician treating the female appellant, and the absence in the papers of anythingCivil Matters — Volume 10 · Source page ٧١٣
  31. Principle 3861The basis of a physician’s liability for professional fault or negligence. Proof of his violation of established medical practice and its fundamental scientific rules and the existence of a causal link between it and theCivil Matters — Volume 10 · Source page ٧١٣

  32. المسئولية عن الأضرار التي تلحق المرافق العامة

    Principle 3862A physician's liability for his professional fault. Its basis: violation, through ignorance or negligence, of the established principles of medical practice and its fundamental scientific rules, and the existence of a caCivil Matters — Volume 10 · Source page ٧١٣
  33. Principle 3863Liability to compensate for damage occurring to public utilities. Joint and several. It encompasses all those specified in Law 18/1987. The rationale for expanding this joint and several liability. - The judgment's reachCivil Matters — Volume 10 · Source page ٧١٣

  34. مسئولية الوارث عن ديون التركة

    Principle 3864Compensation for preventing a public utility from providing its services. Its nature and the person liable for it. - The liability of the employer, the principal contractor and the subcontractor is joint and several. - 7Civil Matters — Volume 10 · Source page ٧١٣
  35. Principle 3865The heir's personality is separate from that of the deceased as regards patrimony. - The heir's liability for the deceased's debts. Its limits.Civil Matters — Volume 10 · Source page ٧١٤
  36. Principle 3866The heir's patrimony is independent of the deceased's patrimony. - The rule that there is no estate until debts have been paid. Its import: immediately upon death, the estate remains encumbered by an accessory right in rCivil Matters — Volume 10 · Source page ٧١٤

  37. مسئولية المهندس ومقاول البناء

    Principle 3868Delay penalty. Its definition. An agreed penalty clause subject to the assessment of the court of merits as to entitlement and amount. - Absence of the contractor's liability. Its condition. - 714 - Obligation.Civil Matters — Volume 10 · Source page ٧١٤
  38. Principle 3869The contractor’s liability for completing the work within the agreed period. When it has no application. - Inferring the employer’s fault that excludes the contractor’s liability for delay in performance, or negating it.Civil Matters — Volume 10 · Source page ٧١٥
  39. Principle 3870Inferring the existence or absence of fault by the employer or the main contractor in its capacity as employer that excludes the contractor's liability for delay in performance. Within the authority of the court of meritCivil Matters — Volume 10 · Source page
  40. Principle 3871The contractor and engineer guarantee against any total or partial collapse or defect occurring in the buildings they constructed or the fixed installations they erected within ten years from completion of the building oCivil Matters — Volume 10 · Source page
  41. Principle 3872The provisions governing the warranty of the building contractor or the engineer designing it or supervising its execution. Their relation to public policy. The effect thereof. It is impermissible to agree in advance to Civil Matters — Volume 10 · Source page
  42. Principle 3873The contractor's discovery of defects in the work materials supplied by the employer rendering them unsuitable for their intended purpose. Effect thereof. He must notify the employer thereof; otherwise, he is liable for Civil Matters — Volume 10 · Source page
  43. Principle 3875The contractor's liability. It is limited to liability for defects occurring in execution and does not extend to defects arising from an error in preparing the design, unless these defects are apparent or otherwise agreeCivil Matters — Volume 10 · Source page
  44. Principle 3876The engineer's guarantee liability. It attaches to him when he is entrusted with preparing the designs, drawings and models necessary for erecting structures or a part thereof pursuant to Articles 692, 593, Civil Code. HCivil Matters — Volume 10 · Source page
  45. Principle 3877The bank’s liability to its customer for the acts of the foreign correspondent bank undertaking execution of the credit. Its condition.Civil Matters — Volume 10 · Source page
  46. Principle 3878Payment by the bank of a forged cheque. Effect. It is not discharged vis-à-vis its customer. The bank's liability. Its basis and conditions.Civil Matters — Volume 10 · Source page
  47. Principle 3879Banking transformation. Its definition: the bank’s posting of an amount from one customer’s account to another account at the customer’s request. - Presentation of the transfer order to the bank by the beneficiary insteaCivil Matters — Volume 10 · Source page
  48. Principle 3880The bank's liability for paying a cheque on which the drawer's signature was forged. Its nature and rationale. - Fault of the drawer, the chequebook holder, in safeguarding it. Its standard is objective. - Inferring faulCivil Matters — Volume 10 · Source page
  49. Principle 3881Payment by the drawee bank of the value of a cheque bearing a forged signature of its customer. Does not discharge its liability toward the customer - 716 - Obligation regardless of the degree of proficiency in supplyingCivil Matters — Volume 10 · Source page
  50. Principle 3882Payment by the drawee bank, even without fault on its part, of the value of a payment instrument bearing a forged signature attributed to its customer, however skilful the forgery. Does not discharge it. Rationale: that Civil Matters — Volume 10 · Source page
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