المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Civil Matters — Volume 11

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,126 available principles

Search this collection

  1. ضمان الدولة للدية

    Principle 587The State’s obligation to guarantee bodily harm. Its condition. The impossibility of identifying the person responsible for compensating the damage or the person liable to guarantee it. The reason for this.Civil Matters — Volume 11 · Source page ١١٩
  2. Principle 588Recourse against the State as guarantor of compensation for personal harm. Its prerequisite. The damage must be such as requires Sharia diyah, and identifying the person responsible for compensation or obliged to guarantCivil Matters — Volume 11 · Source page ١١٩
  3. Principle 589The Civil Service Law did not oblige the State to compensate civilian State employees for occupational injuries occurring during or because of work without fault on its part. - Compensation determined by the tripartite cCivil Matters — Volume 11 · Source page ١٢٠

  4. شرط الأحقية في التعويض عن الضررين المادي والأدبي بالإضافة إلى الدية

    Principle 590The State's obligation to guarantee bodily injury. Its prerequisite. Inability to identify the person responsible for the harm or obliged to guarantee it, and the absence of deliberate self-injury by the injured party, oCivil Matters — Volume 11 · Source page ١٢٠
  5. Principle 591Compensation for injury pursuant to the rules of Sharia diya. Does not preclude compensation, as assessed by the judge, for all other elements of damage. Article 248 Civil Code. The condition for entitlement to both alonCivil Matters — Volume 11 · Source page ١٢٠
  6. Principle 592Establishment of the heirs' entitlement to Sharia diya for the death of their predecessor through direct action and their failure to prove one of the actions - 120 - Obligation for liability for an unlawful act. Their clCivil Matters — Volume 11 · Source page ١٢٠
  7. Principle 593Compensation for bodily injury is determined by the Sharia diyah pursuant to the provisions of Islamic Sharia. Does not preclude compensation, as assessed by the judge, for all other elements of damage.Civil Matters — Volume 11 · Source page ١٢١
  8. Principle 594Compensation for injury under the rules of Sharia diya. Does not preclude compensation for material and moral damage without this being regarded as an award of two compensations for a single element of damage.Civil Matters — Volume 11 · Source page ١٢١

  9. الدية الجزئية لفقد السن الدائمة وكسر عظم الأنف

    Principle 595Damage to the person. Compensation therefor is subject to the rules of Sharia diyah. - Compensation for the other elements of damage. Supplementary. Its assessment. Within the authority of the judge of merits. The conditCivil Matters — Volume 11 · Source page ١٢١
  10. Principle 596Compensation for bodily injury, wholly or partially, pursuant to the Sharia diyah rules. Loss of a permanent tooth warrants partial diyah representing 5% of full diyah. Diyah for a fractured nasal bone represents 10% theCivil Matters — Volume 11 · Source page ١٢١
  11. Principle 597The possibility of replacing a permanent tooth with an artificial one. This does not preclude entitlement to 5% of the full diyah for its loss. Article 3 of the Regulations of the Schedule of Diyahs, 251/2, Civil Code.Civil Matters — Volume 11 · Source page ١٢١

  12. تقادم الديات

    Principle 598Permanent loss of an organ’s function. Deemed equivalent to its severance or loss. The injured party’s entitlement therefor to the portion of diyah prescribed for it. Article 2/c of the Regulations of the Schedule of DiyCivil Matters — Volume 11 · Source page ١٢١
  13. Principle 599Limitation of claims for diyahs and portions thereof. The period after which actions therefor will not be heard. Fifteen years. The exception is the State’s guarantee. Subject to the three-year limitation period. Claims Civil Matters — Volume 11 · Source page ١٢٢
  14. Principle 601Suspension of the limitation period for a diya action throughout the period during which the running of the limitation period for the criminal action is suspended or interrupted. - The limitation period for a diya actionCivil Matters — Volume 11 · Source page ١٢٢
  15. Principle 602An action arising from an insurance contract. Subject to the three-year limitation period. This includes actions by the insurer, the insured, or the beneficiary. The exception. Cases of entitlement to diya or parts thereCivil Matters — Volume 11 · Source page ١٢٢
  16. Principle 603Fixing compensation for injury to the person by reference to blood money. Its condition. - An injury not reaching the degree for which blood money or a prescribed injury indemnity is payable. Compensation therefor is an Civil Matters — Volume 11 · Source page ١٢٢

  17. الرجوع بالدية

    Principle 604Diyas and their fractions. Their prescription under the provisions of Islamic Sharia. Its implication. Reference must be made thereto to ascertain cases of entitlement to diya and the ability to collect or claim it. - ExCivil Matters — Volume 11 · Source page ١٢٣

  18. مسائل متنوعة

    Principle 605The contracting parties are free to specify the insured risk and the extent and conditions of the coverage undertaken by the insurer. - The insurance company has the right of recourse against the insured for the value ofCivil Matters — Volume 11 · Source page ١٢٣
  19. Principle 606Multiple persons jointly and severally liable or concurrently liable for diya or compensation. Its effect. They may be sued collectively, or any one of them may be sued for the full diya. Reason for this. Example.Civil Matters — Volume 11 · Source page ١٢٤
  20. Principle 607Apportionment of liability as a result of shared fault between the liable person and the injured party. It does not apply to diyah. The basis thereof.Civil Matters — Volume 11 · Source page ١٢٤
  21. Principle 608A harmful act. A source of obligation. Its foundation on two matters. The first is establishing full and comprehensive liability based on the concept of fault in general and aimed at compensation for damage in all its maCivil Matters — Volume 11 · Source page ١٢٤
  22. Principle 609The respondent company’s payment of the diyah amount to the heirs in whose favor judgment was rendered, without the beneficiaries of the mandatory bequest being among them. Such payment is not considered to discharge itsCivil Matters — Volume 11 · Source page ١٢٤
  23. Principle 610An injury for which no diyah or prescribed injury indemnity is payable. Compensation therefor is an equitable assessment of compensation not exceeding the diyah for loss of life. Subject to the judge’s assessment. - 124 Civil Matters — Volume 11 · Source page ١٢٤
  24. Principle 611Compensation for bodily injury itself. Its determination by diya in accordance with the provisions of Islamic Sharia. The condition therefor. That the bodily injury be one for which diya or specified arsh may be payable.Civil Matters — Volume 11 · Source page ١٢٥

  25. رسم الإشغال كتعويض

    Principle 612Insurance against work injuries. Its nature. - Defining the scope of insurance by the appellant company’s obligation to pay all sums for which the insured is liable owing to personal injuries to the worker from an accideCivil Matters — Volume 11 · Source page ١٢٥

  26. احتفاظ القاضي للمضرور بحقه في المطالبة بالتعويض

    Principle 613Penalties imposed for violating the provisions of regulations issued upon the proposal of the Municipal Council are specified by Article 35 of Law 15/1972. Their nature. - Fees for occupation of roads, squares, and pavemCivil Matters — Volume 11 · Source page ١٢٥
  27. Principle 614A judgment awarding compensation for established elements of damage and reserving to the injured party the right to reconsideration of the assessment of damage so that compensation includes its other elements that may maCivil Matters — Volume 11 · Source page ١٢٥

  28. تعويض أصحاب المزارع

    Principle 615An award of material compensation. Its prerequisite: impairment of a material interest of the injured party and the damage being certain. Proof of damage. Falls upon the injured party. - Inferring the existence or absencCivil Matters — Volume 11 · Source page ١٢٦

  29. التعويض بإيراد مرتب

    Principle 616An administrative decision imposing financial burdens on the public treasury. Its implication. Its effect does not arise immediately and directly unless it is legally possible and permissible through the existence of theCivil Matters — Volume 11 · Source page ١٢٦
  30. Principle 617Compensating the injured party by a periodic income for a specified period or for life instead of requiring the liable person to pay it immediately or outright. Discretionary for the court of merits.Civil Matters — Volume 11 · Source page ١٢٦
  31. Principle 618Ordering payment of compensation in the form of a periodic allowance to the injured party. Discretionary for the judge. - The Court of Appeal's substitution of immediate, outright compensation for compensation awarded inCivil Matters — Volume 11 · Source page ١٢٦

  32. التعويض المؤقت

    Principle 619Awarding payment of compensation to the injured party in the form of a periodic income for a specified period or for life, or in instalments. Discretionary for the judge. Provisional compensation:Civil Matters — Volume 11 · Source page ١٢٧
  33. Principle 620A claim for provisional compensation. When the court may award full compensation. Example.Civil Matters — Volume 11 · Source page ١٢٧
  34. Principle 621The scope of an action is determined by the judicial claim, whether original or incidental. The litigants and the judge are bound by it. The plaintiff's claim for provisional compensation of 1001 dinars for the harm suffCivil Matters — Volume 11 · Source page ١٢٧
  35. Principle 622An action for provisional compensation. Its basis. Mere establishment of liability and establishment of damage without its elements and extent, and establishment of compensation without its amount. Anything in the judgmeCivil Matters — Volume 11 · Source page ١٢٧
  36. Principle 623The court may award final compensation even if provisional compensation was sought, upon proof that the harm has definitively stabilized. - The court of first instance's award of compensation redressing the harm in an amCivil Matters — Volume 11 · Source page ١٢٧
  37. Principle 624An action for provisional compensation. Its scope. Establishment of damage without determining its extent and elements.Civil Matters — Volume 11 · Source page ١٢٧
  38. Principle 625Provisional compensation must be deducted when comprehensive compensation is awarded. Failure to do so vitiates the judgment. The effect of this. Its cassation. - 127 - ObligationCivil Matters — Volume 11 · Source page ١٢٧
  39. Principle 626A judgment awarding provisional compensation that did not determine the extent of the damage or the amount of compensation. Its acquisition of res judicata force. Its effect. It encompasses liability in its various elemeCivil Matters — Volume 11 · Source page ١٢٨
  40. Principle 628Issuance of a final judgment establishing a right and its acquisition of the force of res judicata. Its effect. That right is subject to a limitation period of 15 years, whatever its limitation period may be. - A judgmenCivil Matters — Volume 11 · Source page ١٢٨
  41. Principle 629The judgment rendered in the criminal action convicting the accused and ordering him to pay provisional compensation in the civil action. Its binding authority before the civil courts. It is not confined to what it decidCivil Matters — Volume 11 · Source page ١٢٨
  42. Principle 630The court of merits may award full compensation even if provisional compensation was sought. Its condition. The damage for which compensation is sought must have definitively stabilized.Civil Matters — Volume 11 · Source page ١٢٨

  43. التعويض الجزافي

    Principle 631A claim for provisional compensation. Based merely on proof of damage without specifying its elements. - 128 - Obligation Lump-sum compensation:Civil Matters — Volume 11 · Source page ١٢٨
  44. Principle 632The worker's receipt of lump-sum compensation under the Labour Law. Does not preclude a claim against the responsible employer for the harm remaining uncompensated. The condition therefor. That the harm arose from the emCivil Matters — Volume 11 · Source page ١٢٩
  45. Principle 633The right of the worker or his heirs to lump-sum compensation for a work injury does not preclude claiming against the liable employer for the damage remaining uncompensated where the damage arises from his personal faulCivil Matters — Volume 11 · Source page ١٢٩

  46. التعويض التكميلي

    Principle 634Lump-sum compensation under the schedule issued by the Ministry of Social Affairs and Labour for a worker's injury arising out of and in the course of work. Does not preclude a claim against the responsible employer for Civil Matters — Volume 11 · Source page ١٢٩
  47. Principle 635Compensatory interest. Its nature. The due date arriving without payment. Its effect. Default interest accrues. Example concerning delay in paying compensation for usurped land.Civil Matters — Volume 11 · Source page ١٢٩
  48. Principle 636Failure to pay when the debt falls due. Its effect. Accrual of default interest. Claiming supplementary compensation. Its condition.Civil Matters — Volume 11 · Source page
  49. Principle 637Delay in payment of a sum of money of an ascertained amount at the time the obligation arose. Its effect. The obligation to pay statutory interest. - The meaning of the subject matter of the obligation being of an ascertCivil Matters — Volume 11 · Source page
  50. Principle 638Compensation for delay in performing an obligation to pay a sum of money is confined to statutory interest, unless it is established that the delay resulted from the debtor’s fraud or gross fault and caused exceptional dCivil Matters — Volume 11 · Source page
PreviousPage 12 of 83Next