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. التعويض عن المسئولية العقدية

    Principle 4074The lessee's obligation to return the leased property upon expiry of the lease in the condition in which he received it. Breach thereof. His obligation to pay compensation unless the destruction of or damage to the leaseCivil Matters — Volume 10 · Source page ٧٥٢
  2. Principle 4075Assessing compensation arising from the loss of or damage to goods otherwise than according to the statutory limitation of the carrier’s liability. Its condition. The shipper’s submission, before shipment, of a declaratiCivil Matters — Volume 10 · Source page ٧٥٣
  3. Principle 4076Agency for remuneration. The agent’s dismissal must be for an acceptable excuse. Contravention thereof. The principal’s obligation to compensate the agent for damage sustained as a result of dismissal. - The principal’s Civil Matters — Volume 10 · Source page ٧٥٣
  4. Principle 4077Awarding compensation under either tort or contractual liability. Its condition: that the damage be direct. The exception: compensation under tort liability is broader in scope, encompassing foreseeable and unforeseeableCivil Matters — Volume 10 · Source page ٧٥٣
  5. Principle 4078Allowing competing companies to display their products at the association’s central market in violation of the investment contract linking the respondent and the appellant, which was adjudged void. The appellant’s claim Civil Matters — Volume 10 · Source page ٧٥٣

  6. التعويض الاتفاقي والشرط الجزائي

    Principle 4081The financial sanction imposed by the contracting parties. Its nature: a penalty clause or agreed compensation. Its purpose. Redressing the damage sustained by the contracting party towards whom the obligation was breachCivil Matters — Volume 10 · Source page ٧٥٤
  7. Principle 4082The presumption that damage equal to the compensation assessed in advance by the contracting parties has occurred when the penalty clause is triggered. The debtor may rebut it by proving the absence of damage or its lackCivil Matters — Volume 10 · Source page ٧٥٤
  8. Principle 4083The contracting parties' advance agreement on the amount of compensation due to the creditor for the debtor's breach of his obligation. Damage equal to their estimate is presumed to have occurred. The creditor is relieveCivil Matters — Volume 10 · Source page ٧٥٤
  9. Principle 4084The administration's right to impose financial penalties during performance of the contract for the other party's breach of its obligations. Exhaustion - 754 - Obligation of the contract's purposes. Its effect. PreclusioCivil Matters — Volume 10 · Source page ٧٥٤
  10. Principle 4086Agreement on compensation under a penalty clause in the contract. Its implication. Damage is presumed and the creditor is not required to prove it. If the debtor alleges that the creditor suffered no damage, he bears theCivil Matters — Volume 10 · Source page ٧٥٥
  11. Principle 4087Existence of a penalty clause. Its import: the assessed compensation is proportionate to the harm. Effect thereof. The judge must give effect to it. When the judge may reduce it.Civil Matters — Volume 10 · Source page ٧٥٥
  12. Principle 4089The penalty clause. An obligation accessory to a principal obligation. The effect of its lapse. Disregarding the compensation assessed pursuant to it. The effect of its realization. Compensation arises for the creditor, Civil Matters — Volume 10 · Source page ٧٥٥
  13. Principle 4090Agreed compensation constitutes a penalty clause where the subject matter of the obligation is not a sum of money. - A plea that the penalty clause is void because the debtor accepted it for fear of incurring criminal liCivil Matters — Volume 10 · Source page ٧٥٥
  14. Principle 4091Agreed compensation. A financial sanction imposed by the contracting parties to secure performance of the agreement and redress the harm suffered by the person for whose benefit it was stipulated. - The court of merits mCivil Matters — Volume 10 · Source page ٧٥٥
  15. Principle 4092The presence of a penalty clause in the contract requires the judge to give effect to it. If the debtor proves that the creditor suffered no damage. No compensation is due. Proof that the agreed compensation is excessiveCivil Matters — Volume 10 · Source page ٧٥٦
  16. Principle 4093Delay 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.Civil Matters — Volume 10 · Source page ٧٥٦
  17. Principle 4094The contracting parties’ agreement in advance on the amount of compensation due to the creditor for the debtor’s breach of his obligation, whether in the contract or a subsequent agreement. Permissibility of agreeing to Civil Matters — Volume 10 · Source page ٧٥٦
  18. Principle 4095It is permissible to agree in advance on the assessment of compensation, being a penalty clause or agreed compensation. Its effect. Presumption that damage equal to the amount assessed by the contracting parties has occuCivil Matters — Volume 10 · Source page ٧٥٦
  19. Principle 4097Agreed compensation. Its purpose. Exemption from liability for damage exceeding the agreed compensation, except in cases of fraud or gross fault. Article 304 of the Civil Code. The condition thereof. - The burden of provCivil Matters — Volume 10 · Source page ٧٥٦
  20. Principle 4098The insurer's obligation to cover civil liability for the amount of compensation awarded. The obligation to pay compensation within ten days from the date on which it is notified of the judgment. This does not mean that Civil Matters — Volume 10 · Source page ٧٥٧
  21. Principle 4100The presumption that damage equal to the compensation assessed in advance by the contracting parties has occurred upon fulfillment of the penalty clause. The debtor may rebut it by proving the absence of damage or its laCivil Matters — Volume 10 · Source page ٧٥٧
  22. Principle 4101Agreed compensation. When it is not due and when the judge reduces it: the debtor’s proof that the creditor suffered no damage, that the assessment was excessive, or that the obligation was partly performed.Civil Matters — Volume 10 · Source page ٧٥٧
  23. Principle 4102A penalty clause. Its nature: an agreement on the compensation due upon the occurrence of a breach. Its occurrence: a rebuttable legal presumption that harm has occurred. When the judge intervenes in giving effect to it Civil Matters — Volume 10 · Source page ٧٥٧
  24. Principle 4104The financial penalty imposed by the contracting parties to secure performance of their agreement constitutes agreed compensation. Implication thereof. - The judge’s power to reduce agreed compensation. Its prerequisite.Civil Matters — Volume 10 · Source page ٧٥٨
  25. Principle 4108The financial sanction imposed by the contracting parties to ensure performance of their agreement. Agreed compensation. The judge is bound by this agreement unless the debtor proves that the creditor suffered no harm orCivil Matters — Volume 10 · Source page ٧٥٨
  26. Principle 4109Delay penalties in contracts for works. They are regarded as a penalty clause or agreed compensation. The consequence thereof. They are subject to the control of the court of merits as to entitlement and assessment.Civil Matters — Volume 10 · Source page ٧٥٨
  27. Principle 4110It is permissible to agree in advance on the amount of compensation by which the debtor is definitively bound upon breach of his obligations, to redress the damage sustained by the creditor. The debtor's success in proviCivil Matters — Volume 10 · Source page ٧٥٨
  28. Principle 4112The penalty clause. Its nature. An agreement on the sanction for breach of the principal obligation. The implication of this. Extinction of the principal obligation. Its effect. Extinction of the penalty clause; the compCivil Matters — Volume 10 · Source page ٧٥٩
  29. Principle 4113Agreement in the final contract to amend the terms of sale by dropping the condition of delivery within a specified time and the penalty for breaching it. Its consequence. That condition ceases to exist from the date of Civil Matters — Volume 10 · Source page ٧٥٩
  30. Principle 4114Penalty clause. Its nature. The general rule is to give effect to it as a legal undertaking having binding force. It rests on a rebuttable legal presumption of the occurrence of damage and its being forgotten in relationCivil Matters — Volume 10 · Source page ٧٥٩
  31. Principle 4115Agreement in the final contract to modify the terms of sale by dropping the condition of delivery within a specified time and the penalty for - 759 - Obligation its breach. Its effect. This condition exists and is effectCivil Matters — Volume 10 · Source page ٧٥٩
  32. Principle 4116Agreed compensation is an advance agreement assessing the compensation payable upon the debtor’s breach of his obligation where the subject matter of the obligation is not a sum of money. Existence of this agreement. ItsCivil Matters — Volume 10 · Source page ٧٦٠
  33. Principle 4117Penalty clause: its nature: an agreement between the creditor and debtor on the amount of compensation if the debtor does not perform his obligation, constituting compensation for non-performance or delay therein. - The Civil Matters — Volume 10 · Source page ٧٦٠

  34. الفوائد القانونية كتعويض

    Principle 4118Concurrent liability for payment of a debt because the insurer and the third party responsible for the accident are bound by the same debt, although the source of each one’s obligation differs. This entails their joint rCivil Matters — Volume 10 · Source page ٧٦٠
  35. Principle 4119Default interest. Compensation for the debtor's delay in discharging his obligation. When it arises. - The creditor's claim for supplementary compensation in addition to default interest. Its condition.Civil Matters — Volume 10 · Source page ٧٦١
  36. Principle 4121A commercial obligation for a sum of money. When its subject matter is of a known amount at its inception, even if the debtor disputes its amount. - Statutory interest is compensation for delay in fulfilling an obligatioCivil Matters — Volume 10 · Source page ٧٦١
  37. Principle 4122Compensatory interest. The prohibition on collecting interest on its accrued unpaid amounts. The basis for this. The rule prohibiting compound profit. - Default interest. Compensation for the debtor's delay in fulfillingCivil Matters — Volume 10 · Source page ٧٦١
  38. Principle 4123Commercial acts and commercial debts. The nature of each. - Awarding judicial interest. Its accrual from the date commercial debts fall due. Its prerequisite.Civil Matters — Volume 10 · Source page ٧٦١
  39. Principle 4124Combining receipt of a commission or benefit with the agreed interest, even if it exceeds the legally prescribed maximum interest rate. Condition thereof: the agreed commission or benefit must correspond to a genuine serCivil Matters — Volume 10 · Source page
  40. Principle 4125Upon closure of the current account, the balance debt becomes an ordinary debt; interest at the exchange rate that applied to its individual entries during its operation no longer applies to it, and statutory or agreed iCivil Matters — Volume 10 · Source page
  41. Principle 4126Inadmissibility of introducing new claims on appeal. A fundamental rule relating to public order, excepted from which is the permissibility of adding wages, salaries, all ancillary amounts, and increased compensation to Civil Matters — Volume 10 · Source page
  42. Principle 4128Determining the existence or absence of abnormal damage. A matter of fact within the independent province of the trial judge, provided the determination is reasonable.Civil Matters — Volume 10 · Source page
  43. Principle 4129Although the legislature prohibited—as a general rule—charging interest on accrued interest or interest exceeding the principal in total, it excepted cases in which the Commercial Code permits charging compound interest,Civil Matters — Volume 10 · Source page
  44. Principle 4130The maximum limit of default interest pursuant to Article 110 of the Commercial Code. It concerns public policy.Civil Matters — Volume 10 · Source page
  45. Principle 4131Statutory interest is awarded from the time the obligation arises if the subject matter of the obligation is ascertainable in amount when it arises. - What is meant by the subject matter of the obligation being ascertainCivil Matters — Volume 10 · Source page
  46. Principle 4133Default interest. Conditions for entitlement thereto. The creditor is not required to prove that he suffered damage from the delay. - 762 - Obligation - The creditor may claim supplementary compensation in addition to deCivil Matters — Volume 10 · Source page
  47. Principle 4134Default or statutory interest. Its condition. That the subject matter of the obligation be a sum of money of an ascertainable amount when the obligation arises, and that the debtor delay paying it. The meaning of the expCivil Matters — Volume 10 · Source page
  48. Principle 4136Default interest. When it is due on a commercial debt. - The subject matter of the obligation being of a known amount at its inception. When this is established. The judiciary must not have broad discretion in assessing Civil Matters — Volume 10 · Source page
  49. Principle 4138The creditor may combine commission or benefit with the agreed interest even if it exceeds the maximum entitlement prescribed by law for interest. The condition for this: that it corresponds to a genuine service renderedCivil Matters — Volume 10 · Source page
  50. Principle 4140Default interest becomes due as soon as the debt falls due, for delay in paying a commercial debt. The reason therefor. - 763 - Obligation - The parties’ claims in the action. The necessity for the court to adhere to theCivil Matters — Volume 10 · Source page
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