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 البنوك - المسئولية عن تحمل مخاطر المهنة

    Principle 3883Payment by the drawee bank of the amount of a cheque to its first beneficiary where that cheque originally bore a forged signature. It does not discharge the bank's liability towards its customer. The reason for this: thCivil Matters — Volume 10 · Source page ٧١٧
  2. Principle 3884Bank transfer. Its meaning. The bank’s carrying out a procedure resulting in the transfer of an amount from one customer’s account to another account at his request by book entry, whereby the amount is entered on the debCivil Matters — Volume 10 · Source page ٧١٧
  3. Principle 3886The drawee bank's payment of the value of a cheque bearing a forged signature attributed to the customer, however skilful the forgery. Gives rise to the bank's liability. The rationale and condition thereof. - EstablishiCivil Matters — Volume 10 · Source page ٧١٨
  4. Principle 3887It being established that the bank froze the respondent's accounts held with it pursuant to a circular issued by the Central Bank in implementation of the Security Council resolution in this regard and the provisions of Civil Matters — Volume 10 · Source page ٧١٨
  5. Principle 3888The bank alone bearing the burden of improper payment of forged cheques. The condition for this. The absence of fault or negligence on the customer's part. The standard of fault. An example concerning the customer's faulCivil Matters — Volume 10 · Source page ٧١٨
  6. Principle 3889Payment by the drawee bank of the amount of a cheque to its first beneficiary when that cheque originally bore a forged signature. It does not discharge the bank's liability toward its customer. The rationale: this instrCivil Matters — Volume 10 · Source page ٧١٨
  7. Principle 3890Payment by the drawee bank of the value of a cheque bearing a forged signature attributed to the customer, however skilfully executed. Entails the bank’s liability. The reason therefor: the bank bears this risk. Its condCivil Matters — Volume 10 · Source page ٧١٩

  8. المسئولية في وكالة العقود والوكالة التجارية:*

    Principle 3891The drawee bank is not discharged vis-à-vis its customer if it pays a third party the value of a check bearing a forged signature attributed to the customer. The reason: the instrument's lack of the customer's genuine siCivil Matters — Volume 10 · Source page ٧١٩

  9. مسئولية الوكيل في اختيار نائبه - ومسئولية الأخير قبل الأصيل

    Principle 3893A commercial agent is, as a general rule, not liable out of his own assets for the effects of transactions he carries out for the principal's account. The agent's liability in selecting his substitute - and the latter's Civil Matters — Volume 10 · Source page ٧٢٠
  10. Principle 3894Agency contract. The principal's authorization of the agent to appoint a substitute without identifying that person. The agent is liable only for his fault in selecting his substitute, his fault in the instructions issueCivil Matters — Volume 10 · Source page ٧٢٠

  11. مسئولية الموظف عن خطئه الشخصي

    Principle 3896Absence of the employee's liability for damage arising from his fault while carrying out a command of the law or orders of his superiors. Its condition.Civil Matters — Volume 10 · Source page ٧٢٠

  12. مسئولية الموظف التأديبية

    Principle 3897The employee's personal fault and service-related fault. The distinction between them. Its criterion. The intent inherent in the employee's conduct while performing the duties of his office. Fault is regarded as personalCivil Matters — Volume 10 · Source page ٧٢٠

  13. مسئولية رؤساء وأعضاء مجالس إدارة الشركات ومديريها

    Principle 3898Inferring proof of the administrative offense giving rise to the employee’s disciplinary liability. A factual matter for the court of merits. Its condition. Example of a reasonable inference. Liability of chairpersons anCivil Matters — Volume 10 · Source page ٧٢١
  14. Principle 3899Prohibition on a limited liability company undertaking insurance and credit operations and investing others’ money. The reason for this prohibition. - The papers of a limited liability company must contain particulars leCivil Matters — Volume 10 · Source page ٧٢١
  15. Principle 3900The particulars that the papers of a limited liability company must bear. The consequence of omitting them. Joint and several liability of its managers against his personal assets vis-à-vis third parties. Recourse againsCivil Matters — Volume 10 · Source page ٧٢١
  16. Principle 3901The particulars that the papers of a limited liability company must bear. Their purpose. Contravention thereof. Its effect. Joint and several liability of its managers toward third parties out of their own assets. The coCivil Matters — Volume 10 · Source page ٧٢١
  17. Principle 3902Particulars that the documents of a limited liability company must bear. Sanction for their omission. Effect. Joint and several liability of the managers of a limited liability company towards third parties because of omCivil Matters — Volume 10 · Source page ٧٢٢
  18. Principle 3903Holding the manager of a limited liability company liable out of his private assets for its debts. Its case: the company's papers lacking particulars concerning its type, identification of its identity, and a statement oCivil Matters — Volume 10 · Source page ٧٢٢
  19. Principle 3904The liability of the manager of a limited liability company for damage sustained by third parties as a result of his violation of the provisions of the law or the company’s articles or fault in management. Tortious liabiCivil Matters — Volume 10 · Source page ٧٢٢
  20. Principle 3905The papers of a limited liability company. They must bear particulars leaving no room for doubt concerning its type, identity, and capital. Omission of these particulars. Effect. Liability of its manager jointly and seveCivil Matters — Volume 10 · Source page ٧٢٢
  21. Principle 3906The requirement that the papers of a limited liability company include the particulars identifying its type, identity, and capital. Failure to do so. Its sanction. The joint and several liability of its managers, out of Civil Matters — Volume 10 · Source page ٧٢٢
  22. Principle 3907The particulars that the documents of a limited liability company must bear. The sanction for omitting them: joint and several liability of its managers in his personal assets toward third parties. Recourse against the mCivil Matters — Volume 10 · Source page ٧٢٢
  23. Principle 3908A limited liability company. This nature must follow its name, with its capital stated in all its contracts, invoices, papers, and printed materials. Failure to do so. Its managers' joint and several liability in their -Civil Matters — Volume 10 · Source page ٧٢٢
  24. Principle 3910A partner may have recourse against the company's manager for damage he suffers as a result of the manager's violation of the provisions of the law or the company's articles, or his fault in management. The manager's liaCivil Matters — Volume 10 · Source page ٧٢٣
  25. Principle 3911The acts for which the chairman and members of the board of directors of a joint-stock company are liable toward the company, shareholders, and third parties. Their nature. The condition for their liability to arise. ActCivil Matters — Volume 10 · Source page ٧٢٣
  26. Principle 3912Limited liability company. Its patrimony is independent of that of its partners. Consequence. The manager representing it has his own personal patrimony independent of it, and his liability for damage suffered by third pCivil Matters — Volume 10 · Source page ٧٢٣
  27. Principle 3913Management of the board of a joint-stock company. Vested in the chairman and its members in their capacity as agents of the general meeting of shareholders, in return for remuneration. They must exercise ordinary care inCivil Matters — Volume 10 · Source page ٧٢٤
  28. Principle 3914The chairman and members of the board of directors of a joint-stock company. Liable to the company, shareholders and third parties for all acts of fraud, abuse of authority, every violation of the law or the company's arCivil Matters — Volume 10 · Source page ٧٢٤
  29. Principle 3915A joint-stock company. It may bring a liability action against the chairman and members of the board of directors in all cases in which direct damage is sustained by the company as a result of acts of fraud, abuse of autCivil Matters — Volume 10 · Source page ٧٢٤
  30. Principle 3916Limited liability companies. All their documents and printed materials must contain particulars leaving no room for doubt about their type, identifying them, and stating their capital. Omission of these particulars. Its Civil Matters — Volume 10 · Source page ٧٢٤
  31. Principle 3917Managers in a limited liability company. Who has the right to pursue them and the reason therefor. Article 204 of the Commercial Companies Law(*). - When a partner may bring the company's action. The limits thereof. ExamCivil Matters — Volume 10 · Source page ٧٢٥
  32. Principle 3918A limited liability company. All its printed papers must bear particulars leaving no room for doubt concerning its type, identification, and statement of its capital. Omission of these particulars. Its effect. Its manageCivil Matters — Volume 10 · Source page ٧٢٥
  33. Principle 3919A joint-stock company. It may bring a liability action against the chairman and members of the board of directors in all cases in which any direct damage to the company results from acts of fraud, abuse of authority, vioCivil Matters — Volume 10 · Source page ٧٢٥

  34. مسئولية الدولة كضامن احتياطي

    Principle 3921Ordering the second respondent, in his capacity, to pay provisional compensation as the person responsible for applying the provisions concerning players’ safety. Cessation of his representation of the club and replacemeCivil Matters — Volume 10 · Source page ٧٢٥
  35. Principle 3922Recourse against the State as guarantor of personal injury. Its criterion. That the damage requires Sharia diyah and that it is impossible to identify the person liable for compensation under the provisions governing liaCivil Matters — Volume 10 · Source page ٧٢٦

  36. مسئولية الدولة عن تعويض الموظف عن إصابة العمل

    Principle 3923The State's obligation to guarantee compensation for personal injury. Its prerequisite. The impossibility of identifying the person responsible for the harm or obliged to guarantee compensation for it, and the absence ofCivil Matters — Volume 10 · Source page ٧٢٦
  37. Principle 3924The absence from the Civil Service Law of an obligation on the administrative authority to compensate an employee for a work injury. Formation of a tripartite committee to examine claims for compensation for work injurieCivil Matters — Volume 10 · Source page ٧٢٦
  38. Principle 3925The Court of Appeal’s conclusion, within its discretionary authority, rejecting compensation because of the absence of fault by the entity employing the appellant’s deceased predecessor that would give rise to its liabilCivil Matters — Volume 10 · Source page ٧٢٦
  39. Principle 3926Compensating an employee for a work injury pursuant to the decision of the competent tripartite committee. It does not preclude claiming compensation making good the entire damage. Its condition. That the injury arose frCivil Matters — Volume 10 · Source page
  40. Principle 3927The State’s liability to compensate its civilian employees for occupational injuries. Its criterion: fault for which it is answerable or fulfillment of the conditions for recourse against it for Sharia diyah as guarantorCivil Matters — Volume 10 · Source page
  41. Principle 3928Compensation of an employee for a work injury without fault on the employer’s part. The Civil Service Law and Regulations contain no provision obliging the administration to pay it. The amount assessed by the tripartite Civil Matters — Volume 10 · Source page
  42. Principle 3929Misdemeanor cases. Competence to conduct investigations, dispose of cases, and prosecute therein. Vested in the investigators in the Department of Police and Public Security. Felony cases. Fall within the competence of tCivil Matters — Volume 10 · Source page
  43. Principle 3931International responsibility. Its import. The State is not liable for damage suffered by individuals because of war, on the basis of force majeure. The rationale for this. The burden of responsibility is borne by the aggCivil Matters — Volume 10 · Source page
  44. Principle 3932Acts of sovereignty. Their nature. - Determining what constitutes acts of sovereignty and falls outside judicial review. Within the authority of the courts. - The impossibility of members of the judiciary returning to woCivil Matters — Volume 10 · Source page
  45. Principle 3933Acts of sovereignty are those undertaken by the government, motivated by considerations relating to the State's high policy, in its capacity as a governing authority, not an administrative authority. All fall outside theCivil Matters — Volume 10 · Source page
  46. Principle 3934The State’s obligation to guarantee personal injury. Its prerequisite. Inability to identify the person responsible for the damage or obliged to guarantee it, and the absence of intentional self-injury by the injured parCivil Matters — Volume 10 · Source page
  47. Principle 3935Military personnel’s entitlement to pensions, gratuities, insurance and compensation for death or total or partial disability caused by military operations or service. Law 69 of 1980. Application of its rules is confinedCivil Matters — Volume 10 · Source page
  48. Principle 3937Acts of sovereignty. Courts may not consider them. Art. 2 of the Law on the Organisation of the Judiciary No. 23 of 1990, as amended. - Acts of sovereignty. Their meaning. Acts emanating from the government in its capaciCivil Matters — Volume 10 · Source page
  49. Principle 3938Acts of sovereignty. Their nature. Their exclusion from the jurisdiction of the courts. Article 23 of the Judicial Organization Law. - Declaring war and the consequences of military operations arising therefrom. At the cCivil Matters — Volume 10 · Source page
  50. Principle 3939The general rule is that a judge is not accountable for acts performed in the course of his work unless the legislature exceptionally provides for his accountability if he departs from the duties of his office and abusesCivil Matters — Volume 10 · Source page
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