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

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  1. التعويض التكميلي

    Principle 639Awarding statutory interest. When it runs from the date of the judicial demand and when it runs from the date of the final judgment.Civil Matters — Volume 11 · Source page ١٣٠
  2. Principle 640Entitlement to default interest. Does not depend on the creditor having suffered harm. The requirement that the creditor suffer harm applies only when supplementary compensation exceeding the interest is claimed. The burCivil Matters — Volume 11 · Source page ١٣٠
  3. Principle 641Delay in performing a commercial obligation. Its subject is a sum of money of a known amount when the obligation arises. Its effect. The debtor’s obligation to pay the creditor statutory interest by way of compensation fCivil Matters — Volume 11 · Source page ١٣٠
  4. Principle 642The devolutive effect of an appeal. Its purport. - A claim for supplementary compensation before the Court of Appeal is a new claim differing in its subject matter from that of the original claim.Civil Matters — Volume 11 · Source page ١٣٠

  5. التعويض الموروث

    Principle 643The Civil Service Law contains no obligation upon the administrative authority to compensate an employee for an occupational injury. The formation of a tripartite committee to examine claims for compensation for occupatiCivil Matters — Volume 11 · Source page ١٣٠
  6. Principle 644Diya due for loss of life. Compensation and a right of the injured party that enters into their assets and constitutes an estate shared by their heirs according to the Sharia shares.Civil Matters — Volume 11 · Source page ١٣١
  7. Principle 645Inherited compensation. A claim independent of the claim for compensation for personal harm. Its implication. A judicial claim for part of one does not interrupt limitation in the action brought for the other right.Civil Matters — Volume 11 · Source page ١٣١
  8. Principle 646Diya is compensation for the personal injury itself. Its implication. It enters the injured party's assets and is regarded as an estate shared by his heirs according to the Sharia shares. Article 250 Civil Code.Civil Matters — Volume 11 · Source page ١٣١
  9. Principle 647An injury leading to death. The injured person’s capacity, before his death, even for an instant, to acquire rights, including his right to compensation for the damage he sustained; once this right is established for himCivil Matters — Volume 11 · Source page ١٣١

  10. التعويض عن الخطأ الموجه إلى المورث

    Principle 648The impermissibility of combining two compensations for a single injury. Its implication. The impermissibility of combining diya and inherited compensation. The reason therefor. The unity of the subject matter of both clCivil Matters — Volume 11 · Source page ١٣١

  11. الرجوع بالتعويض

    Principle 649Indivisibility. Its meaning. That adjudication of the matter admits of only one solution. A claim for compensation for the fault attributed to the deceased makes the dispute indivisible as regards the deceased's heirs. -Civil Matters — Volume 11 · Source page ١٣٢
  12. Principle 650The injured party’s direct recourse against the insurer outside the case of compulsory insurance and liability for motor vehicle accidents. Its condition: the policy contains a stipulation for the benefit of a third partCivil Matters — Volume 11 · Source page ١٣٢
  13. Principle 651The injured party’s right to seek full compensation from any of those responsible for the damage where there are several. The judgment’s conclusion establishing the subordinate’s liability for the damage. Its rejection oCivil Matters — Volume 11 · Source page ١٣٢
  14. Principle 652The contracting parties may modify the rules of contractual liability where the modification is within the limits of the law and public policy. - A provision in an insurance contract excluding the insurance company's liaCivil Matters — Volume 11 · Source page ١٣٢
  15. Principle 653The insurance policy's inclusion of the insurer's right of recourse against the insured for the amount of compensation it has paid where a goods vehicle is used for a purpose other than that specified in its licence, or Civil Matters — Volume 11 · Source page ١٣٣
  16. Principle 654The insurer's recourse against the insured for the amount of compensation it paid where the vehicle was driven at the time of the accident by a person not holding a driving license. Its condition is the insured's consentCivil Matters — Volume 11 · Source page ١٣٣
  17. Principle 655The insurance contract’s inclusion of the insurer’s right of recourse against the insured for the value of compensation it may have paid in the event of accepting more passengers than permitted for the vehicle. Article 7Civil Matters — Volume 11 · Source page ١٣٣
  18. Principle 656The insurer’s right of recourse against the insured to recover compensation it has paid if it is established that the driver, whether the insured or a person he permitted to drive, caused the accident while in an abnormaCivil Matters — Volume 11 · Source page ١٣٣
  19. Principle 657The contracting parties may include in the insurance policy reasonable restrictions on the insured’s freedom to use and drive the vehicle, provided those restrictions do not conflict with the provisions of the Traffic LaCivil Matters — Volume 11 · Source page ١٣٣
  20. Principle 658The insurer's recourse against the insured for the amount of compensation paid where the insured accepts more passengers than prescribed by the Executive Regulations of the Traffic Law. No relationship between the violatCivil Matters — Volume 11 · Source page ١٣٣
  21. Principle 659The insurer’s right of recourse against the insured for compensation it paid in the cases specified in Article 76 of the Executive Regulations of the Traffic Law. A legal rule incorporated into the insurance contract. ItCivil Matters — Volume 11 · Source page ١٣٤
  22. Principle 660The new owner of a car causing an accident without holding a driving licence and before transfer of the car's licence to that owner. The insurer may recover from that owner and the former owner, jointly and severally, thCivil Matters — Volume 11 · Source page ١٣٤
  23. Principle 661The liable person's breach of the duties or restrictions contained in the policy. Its effect. The insurer's recourse against him for the compensation it paid, without proving that the breach contributed to the occurrenceCivil Matters — Volume 11 · Source page ١٣٤
  24. Principle 662The insurer’s recourse against the insured for the amount of compensation paid, pursuant to Article 76 of the Traffic Regulations. Its criterion. The latter’s consent to the vehicle being driven by a driver who does not Civil Matters — Volume 11 · Source page ١٣٤
  25. Principle 664The insurance company's obligation to cover civil liability arising from damage sustained by any passenger in accidents involving vehicles intended for passenger transport and those intended for goods transport, whether Civil Matters — Volume 11 · Source page ١٣٤
  26. Principle 665The insurer’s statutory subrogation, to the extent of compensation it paid, to the insured’s actions against the person legally responsible for the damage - 134 - Obligation insured against, unless the insured is responsCivil Matters — Volume 11 · Source page ١٣٤
  27. Principle 666The injured party's receipt of compensation from the person responsible for causing the damage. Does not prevent recourse against the employer for the portion of that damage remaining uncompensated. Basis for this.Civil Matters — Volume 11 · Source page ١٣٥
  28. Principle 667Modification of the rules of contractual liability. Within the contracting parties' authority, subject to the limits of the law and public policy. The effect thereof. The permissibility of including reasonable restrictioCivil Matters — Volume 11 · Source page ١٣٥
  29. Principle 668The insurer’s right of recourse against the insured to recover compensation it paid where he violates the reasonable restrictions in the policy concerning use of the vehicle, including driving the vehicle at a speed exceCivil Matters — Volume 11 · Source page ١٣٥
  30. Principle 669The insurer’s right of recourse against the insured for compensation it has paid. Its case. The latter’s breach of one of his obligations imposed by the contract and the law.Civil Matters — Volume 11 · Source page ١٣٥
  31. Principle 670Multiplicity of persons liable for the damage. Its effect. The injured party may seek full compensation from any of them.Civil Matters — Volume 11 · Source page ١٣٥
  32. Principle 671The general rule is the contracting parties' freedom to modify the rules of contractual liability. Its criterion. - A provision in the insurance contract excluding the insurance company's liability for compensation if thCivil Matters — Volume 11 · Source page ١٣٥
  33. Principle 672The insurance company’s recourse against the insured. Its criterion. Occurrence of the accident as a result of the vehicle driver’s violation of the restrictions contained in the insurance policy.Civil Matters — Volume 11 · Source page ١٣٦
  34. Principle 673The source of an obligation may be multiple while its subject matter remains one. Its effect. The existence of multiple creditors for a single debt; the creditor may claim against any debtor among them or bring an actionCivil Matters — Volume 11 · Source page ١٣٦
  35. Principle 674The content of the contract includes its terms and the legal rules applicable to it. - The insurer's right of recourse against the insured for compensation paid in the cases specified in Article 76 of the Executive RegulCivil Matters — Volume 11 · Source page ١٣٦
  36. Principle 675The contracting parties may modify the rules of contractual liability whenever the modification is within the limits of the law and public policy. An example concerning a provision in an insurance contract permitting theCivil Matters — Volume 11 · Source page ١٣٦
  37. Principle 676The motor vehicle owner’s obligation to insure against civil liability is stipulated for the benefit of third parties. The injured party’s right of recourse against the insurer is a direct right derived from the law. ItsCivil Matters — Volume 11 · Source page ١٣٦
  38. Principle 677Limitation of the action claiming payment of a cheque. Does not prevent the holder from seeking recourse against the drawer or the person liable for its value. For compensation. The basis thereof. Unjust enrichment.Civil Matters — Volume 11 · Source page ١٣٧
  39. Principle 678The occurrence of multiple faults by multiple responsible persons. Its effect. Each is liable for full compensation vis-à-vis the injured party, who has the choice of claiming against all of them or confining the claim tCivil Matters — Volume 11 · Source page ١٣٧
  40. Principle 679The insurer may have recourse against third parties for the compensation it has paid to the injured party. Its subrogation by operation of law to the latter's rights. Art. 394, Civil Code. Example of sound reasoning for Civil Matters — Volume 11 · Source page ١٣٧
  41. Principle 680Recourse by the insurer to recover compensation it has paid to the insured or a third party. Its prerequisite.Civil Matters — Volume 11 · Source page ١٣٧
  42. Principle 681Direct recourse by the injured party against the insurer outside cases of compulsory insurance against liability arising from motor vehicle accidents. Its condition. The insurance policy must contain a stipulation for thCivil Matters — Volume 11 · Source page ١٣٧
  43. Principle 682The insurer’s recourse action against the liable third party for the compensation it paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s rights. Articles 394. 396 Civil Code, or pursuanCivil Matters — Volume 11 · Source page ١٣٧
  44. Principle 683The insurer may have recourse against the person liable for bodily harm for the compensation it paid to the injured party for the harmful act, pursuant to an assignment of the right issued to it by the injured party. - ACivil Matters — Volume 11 · Source page ١٣٧
  45. Principle 684The State's guarantee. A subsidiary guarantee enabling the injured party to obtain compensation for the injury. This guarantee does not arise if another person is obliged to compensate for the same damage. Consequence: tCivil Matters — Volume 11 · Source page ١٣٨
  46. Principle 685The injured party's direct recourse against the insurer outside the case of compulsory insurance against civil liability arising from motor vehicle accidents. Its condition. The insurance policy must contain a stipulatioCivil Matters — Volume 11 · Source page ١٣٨
  47. Principle 686The insured’s recourse against the third party responsible for the accident on the basis of tortious liability. Impermissible. The insurer’s recourse against the responsible third party by means of a subrogation action. Civil Matters — Volume 11 · Source page ١٣٨
  48. Principle 687An insurer’s recourse action against the responsible third party for compensation it paid to the injured party is not considered an action arising from the insurance contract. The basis on which it rests and the limitatiCivil Matters — Volume 11 · Source page
  49. Principle 688Article 104 of the Companies Law does not distinguish between instalments representing the nominal value of shares and those representing the issue premium when they are sold by public auction or on the stock exchange. ICivil Matters — Volume 11 · Source page
  50. Principle 689The insurer's recourse action against the third party responsible for the harm for the compensation it paid to the injured party, and against the insured in the event of breach of the conditions agreed in the insurance pCivil Matters — Volume 11 · Source page
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