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. الرجوع بالتعويض

    Principle 690The insurer’s recourse action for the compensation it paid to the injured party. Its basis is its subrogation to the injured party in recourse against the person liable. The implication thereof. The right assigned to it Civil Matters — Volume 11 · Source page ١٣٩
  2. Principle 691The injured party's recourse against the insurance company for compensation for damage he suffered and covered by the insurance policy. Does not deprive him of his right of recourse against the person who caused the damaCivil Matters — Volume 11 · Source page ١٣٩

  3. التعويض الإجمالي

    Principle 692Actions arising from an insurance contract. Their limitation period. Three years. This includes the insurer’s recourse action for compensation it paid to the injured party due to a breach of the contract’s terms or the ECivil Matters — Volume 11 · Source page ١٣٩
  4. Principle 693Assessing damage and determining compensation that makes good that damage. A matter of merits. Identifying the constituent elements of damage included in calculating compensation. A question of law. Subject to review by Civil Matters — Volume 11 · Source page ١٣٩
  5. Principle 694Assessment of compensation making good the damage. Within the authority of the judge of merits. The judge may award aggregate compensation for all damage. Its condition: specifying the elements of damage for which this cCivil Matters — Volume 11 · Source page ١٣٩
  6. Principle 695An injury for which no diya or specified arsh is paid pursuant to the provisions of Islamic Sharia and as stipulated in the diya schedule. Compensation therefor is according to what the judge assesses to redress the harmCivil Matters — Volume 11 · Source page ١٤٠
  7. Principle 696Assessment of compensation making good material and moral damage where the law contains no provision requiring particular standards or methods to be followed. For the court of merits. Its condition. Its identification ofCivil Matters — Volume 11 · Source page ١٤٠
  8. Principle 697Assessment of compensation making good both types of damage. A matter of fact. The condition for this. It is permissible to assess compensation for the injuries collectively or for each separately whenever the law does nCivil Matters — Volume 11 · Source page ١٤٠

  9. العبرة في تقدير التعويض

    Principle 700The doctrine of exceptional circumstances. Conditions for its application. And its effect on the obligation. The exceptional event required for application of the doctrine of exceptional circumstances. Its criterion. TheCivil Matters — Volume 11 · Source page ١٤١
  10. Principle 705The victim's contribution to the fault together with the person responsible for the accident. Its effect. Disregarding it. Deficiency. Example.Civil Matters — Volume 11 · Source page ١٤١
  11. Principle 706Assessing harm, inferring or denying the injured party's contribution through fault to causing it, and determining compensation redressing it are matters exclusively for the court of fact. - 141 - ObligationCivil Matters — Volume 11 · Source page ١٤١
  12. Principle 707Compensation for the injury itself does not preclude an award of compensation assessed by the court for the other elements of damage. - Inferring or negating the injured party’s contribution, through his fault, to causinCivil Matters — Volume 11 · Source page ١٤٢
  13. Principle 708Inferring or negating fault giving rise to liability, assessing the harm and the injured party’s contribution to causing it, and assessing compensation. Within the authority of the trial court. Provided it is reasonable.Civil Matters — Volume 11 · Source page ١٤٢
  14. Principle 709The judgment’s conclusion that the injured party contributed to the fault when assessing compensation, without stating how it established this in clear, explicit language revealing its source. A deficiency requiring its Civil Matters — Volume 11 · Source page ١٤٢
  15. Principle 710Apportionment of liability as a result of shared fault between the person liable and the injured party. Does not apply to diyah. The basis for this.Civil Matters — Volume 11 · Source page ١٤٢
  16. Principle 712Determining the damage and the extent of the injured party's contribution to causing it, and assessing compensation redressing it. Matters within the sole discretion of the trial court.Civil Matters — Volume 11 · Source page ١٤٢
  17. Principle 713Inferring damage warranting compensation and its extent, or its absence. A question of fact exclusively within the province of the court of merits. The condition for this. - Assessment of compensation redressing the damaCivil Matters — Volume 11 · Source page ١٤٢
  18. Principle 714The air carrier’s liability for delay in transporting passengers. It is based on presumed fault on its part. It is extinguished by proof that it and its servants took the necessary measures to avoid the damage or that taCivil Matters — Volume 11 · Source page ١٤٣
  19. Principle 715The administration’s seizure of real property to allocate it to public use without taking expropriation procedures. Usurpation entailing its liability for compensation. The administration’s obligation to make good in fulCivil Matters — Volume 11 · Source page ١٤٣
  20. Principle 716The grant of a pension to the deceased's heirs has no effect on the assessment of compensation due to them or to others for his death in an accident, unless the pension was granted exceptionally because of the occurrenceCivil Matters — Volume 11 · Source page ١٤٣
  21. Principle 717The purpose of compensation is to make good the damage commensurately, without exceeding it. Combining two awards of compensation for a single damage. Impermissible. Example of partial cassation of a judgment for awardinCivil Matters — Volume 11 · Source page ١٤٣
  22. Principle 718Assessment of the existence and extent of damage and the compensation making it good whenever its grounds are established. Within the trial judge's authority unless a provision of law requires particular criteria or methCivil Matters — Volume 11 · Source page ١٤٣
  23. Principle 719Assessment of compensation of both kinds, material and moral, and the compensation redressing it. Within the trial judge’s authority. The condition for this.Civil Matters — Volume 11 · Source page ١٤٣
  24. Principle 721Assessment of compensation where its grounds exist and there is no statutory provision requiring particular criteria or methods to be followed in that regard. A matter of fact. The limit to this.Civil Matters — Volume 11 · Source page ١٤٤
  25. Principle 722Assessment of compensation making good the harm. A matter of fact exclusively for the trial court, as it deems appropriate to make good the harm, guided therein by the circumstances and particulars of the case. The limitCivil Matters — Volume 11 · Source page ١٤٤
  26. Principle 723Assessment of compensation in the absence of a provision requiring adherence to particular criteria. A factual matter within the authority of the judge of merits. Its condition. - Assessment of compensation for moral damCivil Matters — Volume 11 · Source page ١٤٤
  27. Principle 724Assessment of compensation making good moral damage. Within the authority of the court of merits. Its condition.Civil Matters — Volume 11 · Source page ١٤٤

  28. التضامم والتضامن في التعويض

    Principle 725Assessment of damage and determination of compensation making it good. Matters of fact. Within the trial judge's exclusive discretion. Compensation must be proportionate to the damage. The reason for this. An example of Civil Matters — Volume 11 · Source page ١٤٤
  29. Principle 726Difference in the source of liability and its legal relationships, and selection of representation by either of those obliged to pay compensation of the other in its payment. Claiming from each the full compensation due,Civil Matters — Volume 11 · Source page ١٤٤
  30. Principle 727Under Article 30 of Law 6/1961, where there are multiple persons liable for diya or compensation, they are jointly and severally liable, whatever the basis of each one's obligation. The creditor may demand the entire debCivil Matters — Volume 11 · Source page ١٤٤
  31. Principle 728Transfer of ownership of the insured thing to a particular successor. Its effect. - Disposal by the former owner of the insured vehicle. Its effect. That owner is regarded as a third party to the insurance contract. The Civil Matters — Volume 11 · Source page ١٤٥
  32. Principle 729Liability of the former owner of the vehicle jointly and severally with its new owner to pay the compensation paid by the insurer to the injured party. Liability of the new owner alone as custodian. No basis therefor. ThCivil Matters — Volume 11 · Source page ١٤٥
  33. Principle 731Harm resulting from multiple faults committed by numerous persons, each being at fault. Their joint and several liability towards the injured party for full compensation. In their relationship with one another, the burdeCivil Matters — Volume 11 · Source page ١٤٥
  34. Principle 733Commission by multiple persons of the fault causing the damage. Its effect. Their joint and several liability for compensation arises, and each is deemed liable to the injured party for full compensation. As between themCivil Matters — Volume 11 · Source page ١٤٦
  35. Principle 734Occurrence of damage as a result of faults of multiple persons. Its effect. Each is liable towards the injured party for full compensation, or their multiple liability for compensation is joint and several. - The burden Civil Matters — Volume 11 · Source page ١٤٦
  36. Principle 736Damage occurring as a result of the faults of multiple persons. Their joint and several liability towards the injured party for full compensation. Apportionment of the burden of liability. Confined to their relationship Civil Matters — Volume 11 · Source page ١٤٦
  37. Principle 737Damage occurring as a result of faults committed by multiple persons. Its effect. Their joint and several liability for compensation. The injured party has the choice between joining the multiple liable persons in his acCivil Matters — Volume 11 · Source page ١٤٦
  38. Principle 738Limited liability companies. All their papers and printed materials must contain particulars leaving no room for doubt as to their type, identifying them, and stating their capital. Omission of these particulars. Its effCivil Matters — Volume 11 · Source page ١٤٧
  39. Principle 739The occurrence of multiple faults by multiple responsible persons. Each of them is liable for full compensation vis-à-vis the injured party. The injured party has the choice of claiming against all of them or confining tCivil Matters — Volume 11 · Source page ١٤٧
  40. Principle 740Multiplicity of persons through whose fault the harm occurred. Their obligation toward the injured party to pay compensation jointly and severally. A debtor under this joint and several obligation does not benefit from tCivil Matters — Volume 11 · Source page ١٤٧
  41. Principle 741Damage occurring as a result of the faults of several persons. Its effect. Their joint and several liability for compensation and each one’s liability towards the injured party for compensation in full. - The financial bCivil Matters — Volume 11 · Source page ١٤٧
  42. Principle 742The liability of an accomplice by instigation and assistance for the fault that produced the harm claimed. Its criterion. That fault must have been committed by its perpetrator—the principal actor—as a result of that insCivil Matters — Volume 11 · Source page ١٤٧
  43. Principle 743An obligation in solidum rests on the multiplicity and independence of the relationships between the creditor and the debtors. Its effect: the creditor's right to claim the entire debt from any debtor and to bring an actCivil Matters — Volume 11 · Source page ١٤٨

  44. الجمع بين تعويضين

    Principle 744Occurrence of damage as a result of faults committed by multiple persons. Its effect. Considering them liable compensation for compensation jointly and severally. Its consequence: the injured party may claim against all Civil Matters — Volume 11 · Source page ١٤٨
  45. Principle 746The difference between the subject matter of the worker's heirs' action for compensation for material and moral damage from the loss of their deceased. Articles 14,2 of Law 6 of 1961, and their action for the lump-sum coCivil Matters — Volume 11 · Source page ١٤٨
  46. Principle 748Assessment of compensation making good material and moral damage. Within the authority of the court of merits, provided it states its constituent elements. - The deceased's heirs receiving a monthly pension from the InsuCivil Matters — Volume 11 · Source page ١٤٩
  47. Principle 749Compensation for injuries under the rules of Sharia diyah. Does not preclude compensation, as assessed by the judge, for all other elements of harm. Article 248, Civil Code. The condition for entitlement to both togetherCivil Matters — Volume 11 · Source page ١٤٩
  48. Principle 750Combining two compensations. Impermissible unless it is recourse for the harm remaining uncompensated. Example. An action for lump-sum compensation for the injury to the deceased and recovery of diyah and additional compCivil Matters — Volume 11 · Source page
  49. Principle 751The insured may not receive compensation exceeding the value of the damage even if the insurance amount exceeds that value. Example. - The insured’s combining the insurance amount with the compensation due to him from thCivil Matters — Volume 11 · Source page
  50. Principle 752Combining two awards of compensation for one injury. Impermissible. An award entitling the injured person to five full diyas for loss of memory, speech, taste, and the use of the hands and legs, and an equitably assessedCivil Matters — Volume 11 · Source page
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