المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. في مسائل الأحوال الشخصية:*

    Principle 429Consolatory payment upon divorce according to the Hanafi school. It is obligatory for the delegating woman who delegated her affairs to her guardian if she is divorced before consummation and before a dower has been fixeCivil Matters — Volume 10 · Source page ٩٣
  2. Principle 430Divorce, judicial divorce, and separation. They are governed by the husband's law at the time the marriage was contracted. - Invoking the application of foreign legislation. It is regarded as a mere material fact. This mCivil Matters — Volume 10 · Source page ٩٣
  3. Principle 431Both parties' adherence to the Ja'fari school. Its implication: application of its rules to them. The basis for this. - A wife's inheritance under the Ja'fari school. Its scope: movables, ships, and animals. She does notCivil Matters — Volume 10 · Source page ٩٤
  4. Principle 432Both spouses’ adherence to the Jaafari school. Effect: application of its rules to them. The Jaafari school does not restrict the hearing of a wife’s maintenance action to a specified period. Basis thereof.Civil Matters — Volume 10 · Source page ٩٤
  5. Principle 433Application of the law of the father's nationality in the country of guardianship over the person and in custody. Article 43 of Law 5 of 1961. Establishment that the husband is a Saudi national. Its necessary consequenceCivil Matters — Volume 10 · Source page ٩٤
  6. Principle 434The law of the husband's nationality. Its application in matters of guardianship over the person and custody. The basis therefor. Reliance on foreign law. A material fact. Evidence thereof must be adduced before the triaCivil Matters — Volume 10 · Source page ٩٤
  7. Principle 435Women's custody under Syrian law ends when the boy attains the age of nine and the girl the age of eleven. They are then placed with their father until the age of majority or the girl's marriage. If the natural guardian Civil Matters — Volume 10 · Source page ٩٤
  8. Principle 436Disputes concerning divorce, judicial divorce, and separation. Their subjection to the law of the last common nationality acquired by the spouses during and before divorce, or before filing the action for judicial divorcCivil Matters — Volume 10 · Source page ٩٥
  9. Principle 437The law of the father's nationality applies to guardianship over the person and to custody. Article 43 of Law 5 of 1961 concerning the regulation of legal relations involving a foreign element. - The maintenance obligatiCivil Matters — Volume 10 · Source page ٩٥
  10. Principle 438The law of the husband’s nationality. Recourse thereto at the time the contract is concluded in respect of the effects arising from marriage and divorce or judicial divorce. Articles 39, 40 of Law 5 of 1961. No disagreemCivil Matters — Volume 10 · Source page ٩٥
  11. Principle 439The law applicable in a divorce action. It is the law of the last nationality acquired by the spouses during the marriage and before the divorce or before the action for it was brought. Absence of a common nationality. ECivil Matters — Volume 10 · Source page ٩٦
  12. Principle 440The provisions of the Ja'fari school. Applicable if both parties are its followers. Their differing schools, even if one of them is Ja'fari. Its necessary consequence. Application of Law 51 of 1984. - Matters relating toCivil Matters — Volume 10 · Source page ٩٦
  13. Principle 441Both parties to the dispute belonging to the Ja'fari school. Its effect. Its rules must be applied. - A bequest under the Ja'fari school. It is permissible to an heir within the limit of one-third without being conditionCivil Matters — Volume 10 · Source page ٩٦
  14. Principle 442Matrimonial effects comprise everything the spouses furnish for use in the matrimonial home. Their dispute over them. What is suitable for either spouse. It is adjudged to that spouse upon that spouse’s oath. Its suitabiCivil Matters — Volume 10 · Source page ٩٦
  15. Principle 443The wife's household effects are everything brought by both spouses together or by either of them that is required for use in the matrimonial home by either or both of them. Disputes over these effects. Their inclusion wCivil Matters — Volume 10 · Source page ٩٧
  16. Principle 444The general law is the general body of rules whose provisions govern all transactions of those subject to it. The substitution of special legislation for certain of its provisions while the special legislation exists. ItCivil Matters — Volume 10 · Source page ٩٧
  17. Principle 445The law of the father's nationality. Its application to guardianship over the person and custody. The maintenance obligation between relatives and relatives by marriage. Application of the law of the person owing it. - BCivil Matters — Volume 10 · Source page ٩٧
  18. Principle 446The law of the father’s nationality. Its application to actions concerning guardianship of the person and custody. The respondent being of Lebanese - 97 - The Law nationality. The Lebanese Family Law must be applied. ArtCivil Matters — Volume 10 · Source page ٩٧
  19. Principle 447Application of the rules of the Ja'fari school. Its condition. Both parties must be its followers. No disagreement between the parties that they follow the Ja'fari school. Its effect. Their school applies to the action, Civil Matters — Volume 10 · Source page ٩٨
  20. Principle 448A settlement contract in Ja'fari jurisprudence. Binding in itself and rescindable only by mutual consent of the settling parties or by rescission by whichever of them has the right of rescission under the settlement. NecCivil Matters — Volume 10 · Source page ٩٨
  21. Principle 449The necessity of applying the Personal Status Law to the exclusion of any other in matters of marriage, as a special law. For the conclusion of marriage, an offer by the wife's guardian and acceptance by the husband or tCivil Matters — Volume 10 · Source page ٩٨
  22. Principle 450Law 51 of 1984 concerning personal status contains rules governing capacity to marry. Its necessary consequence. It is the applicable law. The implication. There is no scope for applying the provisions of the Civil Code Civil Matters — Volume 10 · Source page ٩٨
  23. Principle 451The preponderant opinion in the jurisprudence of the school of Imam Malik must be applied to matters for which no ruling is provided in Law 51 of 1984. - 98 - The LawCivil Matters — Volume 10 · Source page ٩٨
  24. Principle 452Failure to respond to a material defense raised by a litigant. Deficiency. - A gift is subject to the donor's nationality at the time of the gift. The extent to which the gift is effective against the heirs and the amounCivil Matters — Volume 10 · Source page ٩٩
  25. Principle 453A gift taking effect after the donor's death under the Lebanese Code of Obligations and Contracts. Its inclusion within the concept of a testamentary bequest. Its impermissibility except within the limit of one-third of Civil Matters — Volume 10 · Source page ٩٩
  26. Principle 454The parties to the dispute following different schools of jurisprudence. Its effect. Application of Kuwaiti Law 51 of 1984 concerning Personal Status to the action, rather than the jurisprudence of the Ja'fari school. ItCivil Matters — Volume 10 · Source page ٩٩
  27. Principle 455The law of the husband's nationality at the time the marriage was concluded. Recourse thereto concerning the effects of marriage, such as the permissibility of marital relations, obedience, dower, maintenance, and the waCivil Matters — Volume 10 · Source page ٩٩

  28. في مسائل الإثبات

    Principle 456Establishment that both parties to the action are Syrian nationals. Its import. Syrian Personal Status Law is the applicable law. - Applicability of Syrian law to a Christian who embraces Islam. The reason therefor. Its Civil Matters — Volume 10 · Source page ١٠٠
  29. Principle 457The Personal Status Law contains no specification of the requisite number of witnesses in matters concerning marital obedience. Its effect. Recourse to the school of Imam Malik, which fixes the requisite number at 2 men Civil Matters — Volume 10 · Source page ١٠٠

  30. في المسائل المدنية والتجارية

    Principle 459Activities relating to insurance of all types. Commercial activities. Its effect. The provisions of the Commercial Code apply to them.Civil Matters — Volume 10 · Source page ١٠١
  31. Principle 460The provisions of the Commercial Law apply to the administrative entity's obligations arising from an administrative contract whenever it is considered commercial in relation to the other party.Civil Matters — Volume 10 · Source page ١٠١
  32. Principle 461The Companies Law(*). Its scope of application. Formation, management, and dissolution of companies. Companies’ conduct of their activities. It is subject to the provisions of the Commercial Code.Civil Matters — Volume 10 · Source page ١٠١
  33. Principle 462A request to remove a partner and substitute another in his place in a dispute arising from performance of a company contract containing an arbitration clause. The courts lack jurisdiction to hear it. This is not affecteCivil Matters — Volume 10 · Source page ١٠١
  34. Principle 463A judgment’s application of the provisions of the Civil Code although the law governing the incident is the Majalla of Judicial Provisions. This renders it defective and requires its cassation. An example.Civil Matters — Volume 10 · Source page ١٠١
  35. Principle 465The State's private property. Its subjection to the provisions of private law, in the same manner as individuals. - Transfer of ownership of a government house to the person to whom it was allocated. Its effect. Any co-oCivil Matters — Volume 10 · Source page ١٠٢
  36. Principle 466Commercial obligations and contracts are governed by the Civil Code in matters for which no provision appears in the Commercial Code. An example concerning recurring periodic rights.Civil Matters — Volume 10 · Source page ١٠٢
  37. Principle 467The Civil Code is the general law for everything for which no provision is made in the Commercial Code and its supplementary legislation. An example concerning the provisions regulating suspension of limitation.Civil Matters — Volume 10 · Source page ١٠٢
  38. Principle 468A contract being commercial for one contracting party but not the other entails the application of the provisions of the Commercial Code to the other contracting party's obligations arising from that contract.Civil Matters — Volume 10 · Source page ١٠٢
  39. Principle 470The Commercial Code applies to merchants and to all commercial acts undertaken by any person, even if not a merchant.Civil Matters — Volume 10 · Source page ١٠٢
  40. Principle 471Application of the provisions of the Commercial Law to merchants and to all commercial acts undertaken by any person, even if not a merchant. When the purchase of land or real property is considered a commercial act and Civil Matters — Volume 10 · Source page ١٠٢
  41. Principle 472The appellants’ insistence that the land in dispute is privately owned. Import thereof: the challenge to the appealed judgment for failure to apply the provisions of Decree-Law 58 of 2001, which recognized possession of Civil Matters — Volume 10 · Source page ١٠٢
  42. Principle 473Transfer of debt. Its nature. An agreement to transfer the debt from the patrimony of the original debtor to the patrimony of a new debtor, whereby the former is discharged whenever the latter approves it or is a party tCivil Matters — Volume 10 · Source page ١٠٣
  43. Principle 474Subsequent general legislation. It does not implicitly repeal earlier special legislation. The latter is considered an exception to the rules of the new legislation. Its condition. The new legislation must not be draftedCivil Matters — Volume 10 · Source page ١٠٣
  44. Principle 476The court’s application of the provisions of the Majalla of Judicial Provisions on the basis that they govern the dispute, and its correction of the challenged judgment on that basis. The grounds of challenge being direcCivil Matters — Volume 10 · Source page ١٠٣
  45. Principle 478A contract being commercial in relation to one party but not the other. Its effect. The provisions of the Commercial Law apply to the other contracting party's obligations arising from the contract unless a provision stiCivil Matters — Volume 10 · Source page ١٠٤
  46. Principle 479The court of merits. Its obligation, of its own motion, to ascertain the legal rules applicable to the facts of the case. An example.Civil Matters — Volume 10 · Source page ١٠٤
  47. Principle 480Conclusion of a sale contract before the date the Civil Code entered into force. Its effect. Its provisions do not apply to future effects, including rescission for the seller's lack of ownership of the thing sold and inCivil Matters — Volume 10 · Source page ١٠٤
  48. Principle 481Relations involving a foreign element in which the contracting parties have different domiciles. The law of the State in which the contract was concluded applies to the contract unless the parties agree otherwise.Civil Matters — Volume 10 · Source page
  49. Principle 483The relationship between a lawyer and his client. The applicability thereto of the provisions on agency stipulated in the Civil Code. - Law 42 of 1964 concerning the Regulation of the Legal Profession does not regulate tCivil Matters — Volume 10 · Source page
  50. Principle 484Kuwait's accession to the Agreement Establishing the World Trade Organization (GATT) under Law No. 81 of 1995 and to the Convention of the World Intellectual Property Organization under Law No. 2 of 1998. Its implicationCivil Matters — Volume 10 · Source page
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