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 الجزائية

    Principle 3940Suing a judge by means of an action against a judge. Impermissible. The rationale: safeguarding judicial independence and surrounding judges with guarantees that preserve their dignity and enable them to perform their ofCivil Matters — Volume 10 · Source page ٧٣٠

  2. المسئولية عن ضمان أذى النفس

    Principle 3941The criminal judgment in the offence of issuing a cheque without funds. Criminal liability therein. Its basis is the accused's knowledge - 730 - Obligation that the cheque he issued has no funds available for payment on Civil Matters — Volume 10 · Source page ٧٣٠
  3. Principle 3942The State's obligation to indemnify personal injury. Its criterion. The impossibility of identifying the person responsible for the damage or the person obligated to indemnify it, and the absence of deliberate self-injurCivil Matters — Volume 10 · Source page ٧٣١
  4. Principle 3943A harmful act is one of the sources of obligations. Its two categories: an unlawful act and personal injury requiring guaranteed compensation in accordance with the rules of diya in Islamic Sharia when the path to redresCivil Matters — Volume 10 · Source page ٧٣١
  5. Principle 3944The State’s obligation to provide a guarantee for unlawful acts within the limits of blood money whenever personal injury occurs and the person liable to compensate it cannot be identified. Example.Civil Matters — Volume 10 · Source page ٧٣١
  6. Principle 3945The State's obligation to pay Sharia blood money where the person responsible for the harm cannot be identified. The basis for exempting it from this obligation. Its inability to provide security or reach those who breacCivil Matters — Volume 10 · Source page ٧٣١
  7. Principle 3946The State's liability for personal injury. Its limits. Sharia diya and the framework of its provisions in accordance with the contents of the diya schedule. An injury not reaching the degree for which diya or arsh is payCivil Matters — Volume 10 · Source page ٧٣١
  8. Principle 3947The State's obligation to guarantee compensation for personal injury. Its condition. The impossibility of identifying the person responsible for compensating the damage or the person obligated to guarantee compensation fCivil Matters — Volume 10 · Source page ٧٣٢
  9. Principle 3948The State’s guarantee of bodily harm. Confined to Sharia diya within the limits and framework of its provisions. The injury not reaching the level for which diya or arsh is payable. Its effect. The State is not obliged tCivil Matters — Volume 10 · Source page ٧٣٢
  10. Principle 3949The State's guarantee. A subsidiary guarantee enabling the injured party to obtain compensation for his injury. This guarantee does not arise if another person is obliged to compensate for the same damage. The consequencCivil Matters — Volume 10 · Source page ٧٣٢
  11. Principle 3951Recourse against the State to guarantee personal injury. Its criterion. The damage must entail Sharia diyah and it must be impossible to identify the person responsible for compensation or obliged to guarantee it. - The Civil Matters — Volume 10 · Source page ٧٣٢
  12. Principle 3952Assessment of compensation. A matter for the court of merits. The limit thereof. An example of assessing compensation for bodily harm, material and moral damage, and lawyers’ fees.Civil Matters — Volume 10 · Source page ٧٣٣
  13. Principle 3953The direct perpetrator's obligation to answer for personal injury, that is, to pay diya. A fallback provision. The legislator's purpose therein. To ensure that shed blood does not go uncompensated in cases where the provCivil Matters — Volume 10 · Source page ٧٣٣
  14. Principle 3954The insured's guarantee. Determined by what is agreed upon in the insurance policy, so that his liability is determined by the subject matter to which he committed himself. - Compulsory insurance prescribed in the TraffiCivil Matters — Volume 10 · Source page ٧٣٣

  15. شرط المطالبة بالتعويض

    Principle 3955The State’s obligation to guarantee personal injury. Its criterion. Inability to identify the person responsible for the damage or obliged to guarantee it, and absence of the injured party’s intention to injure himself, Civil Matters — Volume 10 · Source page ٧٣٣
  16. Principle 3956Moral damage arising from the grief and psychological pain suffered by close relatives. The basis for compensation therefor. Its assessment. A matter for the court of merits.Civil Matters — Volume 10 · Source page ٧٣٤
  17. Principle 3957The worker's advance agreement on the compensation to which he is entitled if the employer cancels the contract before the end of its term. Its implication. The damage is deemed to have occurred in the contracting partieCivil Matters — Volume 10 · Source page ٧٣٤
  18. Principle 3958The right to compensation under the Law Regulating Obligations Arising from Unlawful Acts. Its inclusion of moral damage without delimiting the scope of the damage or the person of the injured party. The judge may ascertCivil Matters — Volume 10 · Source page ٧٣٤
  19. Principle 3959The contract's failure to provide for compensation. Its necessary consequence. Assessment thereof by the court. Its inclusion of the loss sustained by the creditor and the profit he missed. Article 163 of the former CommCivil Matters — Volume 10 · Source page ٧٣٤
  20. Principle 3960The right to compensation arises from non-performance of the obligation or delay in its performance, whether or not a penalty clause exists.Civil Matters — Volume 10 · Source page ٧٣٤
  21. Principle 3961Giving the debtor formal notice before seeking compensation pursuant to Article 216 of the former Commercial Code. Unnecessary where performance of the obligation in kind has become impossible through his act. - 734 - ObCivil Matters — Volume 10 · Source page ٧٣٤
  22. Principle 3962Nonperformance of an obligation renders the debtor liable for two types of compensation. Compensation for nonperformance and compensation for delay in performance. Proof that impossibility of performance is attributable Civil Matters — Volume 10 · Source page ٧٣٥
  23. Principle 3963The general rule regarding earnest money is that it is consideration for exercising the option to withdraw from the contract, unless it is agreed that it was paid to confirm the contract's finality. The effect of withdraCivil Matters — Volume 10 · Source page ٧٣٥
  24. Principle 3964The right to report crimes. The criterion for entitlement to compensation for it. Malicious exercise. With the intent to harm and abuse. Assessing the existence or absence of malicious exercise. A factual matter exclusivCivil Matters — Volume 10 · Source page ٧٣٥
  25. Principle 3967The debtor’s failure to perform his contractual obligation. Fault giving rise to his liability. - Harm is an element of liability. The burden of proving it lies on the injured person. Inferring its existence. Within the Civil Matters — Volume 10 · Source page ٧٣٥
  26. Principle 3968Sale of another's property. The buyer's right to rescind or annul it. His request for rescission prevents him from claiming compensation from the seller acting in good faith. The reason thereof. Establishment of the sellCivil Matters — Volume 10 · Source page ٧٣٥
  27. Principle 3969Future damage that was foreseeable at the time of the compensation judgment and was not taken into account by the court when assessing compensation. The injured person may claim it in a separate action. The force of res Civil Matters — Volume 10 · Source page ٧٣٥
  28. Principle 3970Giving formal notice to the debtor before seeking compensation pursuant to Article 297 of the Civil Code. Necessary to place the debtor in default in performing his obligation. Giving formal notice after completion of peCivil Matters — Volume 10 · Source page ٧٣٦
  29. Principle 3974Establishment of entitlement to Sharia diya by reason of direct action. Claiming compensation for material and moral damage. Its condition. Proving the elements of one of the actions for liability for an unlawful act.Civil Matters — Volume 10 · Source page ٧٣٦
  30. Principle 3975Damage warranting compensation. Its condition. That it be certain. - The court of merits' assessment of whether or not damage warranting compensation exists. Its condition.Civil Matters — Volume 10 · Source page ٧٣٦
  31. Principle 3976Inferring the existence or absence of damage warranting compensation and assessing compensation redressing the damage. Within the authority of the court of merits, provided it is reasonable. - 736 - ObligationCivil Matters — Volume 10 · Source page ٧٣٦
  32. Principle 3977Damage warranting compensation must be certain. Contingent damage. Compensation therefor is not due unless it actually occurs. A potential opportunity. Its loss is a certainty. It may be included in lost profits.Civil Matters — Volume 10 · Source page ٧٣٧
  33. Principle 3978Characterising an act as fault or otherwise. A question of law in respect of which the court of merits is subject to the supervision of the Court of Cassation.Civil Matters — Volume 10 · Source page ٧٣٧
  34. Principle 3979Damage is an element of liability. What is required for its existence. The burden of proving it rests on the injured party. - The existence or absence of damage warranting compensation is a matter exclusively for the couCivil Matters — Volume 10 · Source page ٧٣٧
  35. Principle 3980Although the assessment of fault giving rise to tort liability is a question of fact within the authority of the court of merits, characterizing an act as fault, or denying that characterization, is a question of law. ExCivil Matters — Volume 10 · Source page ٧٣٧
  36. Principle 3984Fault giving rise to liability for an unlawful act. Its nature. Its determination falls within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٧٣٧
  37. Principle 3985Assessment of harm, both material and moral, and the compensation making good both. Within the authority of the court of fact, provided its assessment is tenable. - 737 - ObligationCivil Matters — Volume 10 · Source page ٧٣٧
  38. Principle 3986The creditor's demand that the debtor be ordered to compensate him for the harm sustained because of nonperformance of the obligation in kind or delay therein. Its condition. The debtor's inability to prove that nonperfoCivil Matters — Volume 10 · Source page ٧٣٨
  39. Principle 3987Assessment of damage and the compensation making it good. A question of fact within the exclusive discretion of the court of merits.Civil Matters — Volume 10 · Source page
  40. Principle 3988Inferring fault giving rise to liability. Within the authority of the court of merits. The condition thereof. - Awarding compensation for material harm. Its condition. Impairment of a financial interest of the injured peCivil Matters — Volume 10 · Source page
  41. Principle 3989Inferring the existence or absence of fault giving rise to liability for compensation and the causal relationship between it and the damage. Within the authority of the court of merits. The condition thereof.Civil Matters — Volume 10 · Source page
  42. Principle 3990Assessment of the existence of the elements constituting custody and inference of fault giving rise to liability for compensation. A matter for the trial court.Civil Matters — Volume 10 · Source page
  43. Principle 3991Inferring the fault giving rise to liability for compensation. Within the authority of the court of merits. Its condition.Civil Matters — Volume 10 · Source page
  44. Principle 3993Inferring whether or not damage exists and assessing compensation making it good. Matters of fact. Example.Civil Matters — Volume 10 · Source page
  45. Principle 3994Assessing the existence and extent of damage and the compensation redressing it, where its grounds are established and no statutory provision requires adherence to particular criteria. Within the authority of the judge oCivil Matters — Volume 10 · Source page
  46. Principle 3995Ascertaining damage warranting compensation and assessing compensation therefor where the law prescribes no particular methods for its assessment. A question of fact. Within the authority of the court of merits without rCivil Matters — Volume 10 · Source page
  47. Principle 3996Unjust enrichment. Its prerequisite. That the injured party is not entitled to the compensation awarded.Civil Matters — Volume 10 · Source page
  48. Principle 3997The creditor's formal notice to the debtor. Necessary for his entitlement to compensation for the debtor's delay in performing his obligation. Impossibility of performing the obligation or the futility of doing so. Its eCivil Matters — Volume 10 · Source page
  49. Principle 3998Determining the damage warranting compensation and its extent, or its absence. A factual matter exclusively for the court of merits. The condition for this. - Assessment of compensation making good the damage. Within theCivil Matters — Volume 10 · Source page
  50. Principle 3999The debtor’s failure to perform his contractual obligation. A fault giving rise to his liability, and the injured person bears the burden of proving damage. - Determining the existence or absence of damage warranting comCivil Matters — Volume 10 · Source page
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