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. الجمع بين تعويضين

    Principle 753Combining diya and compensation for other damage. Impermissible unless each constitutes an element independent of the other. Example.Civil Matters — Volume 11 · Source page ١٥٠
  2. Principle 754The right to diyah and compensation. It may not be collected twice. An example concerning the invalidity of claiming this right from the insurance company after collecting it from the person responsible for the accident.Civil Matters — Volume 11 · Source page ١٥٠
  3. Principle 755Combining two compensations for a single damage. Impermissible. - The injured party's receipt of compensation from the employer under the Labour Law prevents that party from receiving another compensation from the liableCivil Matters — Volume 11 · Source page ١٥٠
  4. Principle 756Combining the insurance sum and compensation. Impermissible. The reason therefor. The impermissibility of recovering for the damage suffered twice, once from the insurer and again from the liable third party. - The generCivil Matters — Volume 11 · Source page ١٥٠
  5. Principle 757The insured in marine insurance. He may not receive compensation exceeding the value of the damage or combine - 150 - Obligation the insurance amount with the compensation owed to him by a third party. The reason and basCivil Matters — Volume 11 · Source page ١٥٠
  6. Principle 758Granting a pension to the heirs does not preclude their claiming full compensation for the harmful act. Reason therefor.Civil Matters — Volume 11 · Source page ١٥١
  7. Principle 759The injured person may not combine two compensations for the same damage. Persons to whom the Law on Military Retirement Pensions and Gratuities applies may not claim compensation based on its rules and compensation undeCivil Matters — Volume 11 · Source page ١٥١
  8. Principle 760The insured may not combine the insurance amount with the compensation owed to the insured by the responsible person. An example concerning fire insurance.Civil Matters — Volume 11 · Source page ١٥١
  9. Principle 761An award of compensation for the injury itself does not preclude compensation for the material and moral harm suffered by the injured person as a result of his injury. This is not considered an award of two compensationsCivil Matters — Volume 11 · Source page ١٥١
  10. Principle 762The impermissibility of combining two awards of compensation for one damage. - The tripartite committee for examining compensation for occupational injuries of State employees. The amount it assesses. Its condition. - ThCivil Matters — Volume 11 · Source page ١٥١
  11. Principle 763The principal’s liability for harm caused by the subordinate’s unlawful act whenever committed in the performance of the subordinate’s duties or by reason thereof. - 151 - Obligation - Permissibility of combining compensCivil Matters — Volume 11 · Source page ١٥١
  12. Principle 764The purpose of compensation is to redress the damage in a manner commensurate with it and not exceeding it. - Combining two compensations for one damage is impermissible. - Provisional compensation must be deducted when Civil Matters — Volume 11 · Source page ١٥٢
  13. Principle 765Insurance whose subject matter is property. After receiving the compensation due to him from the insurer, the injured person may assign to it his right to compensation against the liable third party. This is not considerCivil Matters — Volume 11 · Source page ١٥٢
  14. Principle 766Combining two awards of compensation for the same harm. Not permissible. A worker's receipt of compensation from the employer for harm pursuant to the Labour Law or the general rules of liability. Its effect. He may haveCivil Matters — Volume 11 · Source page ١٥٢
  15. Principle 767Combining two compensations for the same damage. Its impermissibility. The basis for raising this defence. The injured person's actual receipt of compensation or its having been awarded to him. Mere existence of the righCivil Matters — Volume 11 · Source page ١٥٢
  16. Principle 768The impermissibility of combining two compensation awards for the same harm. Its effect. The injured party may not obtain compensation from the employer under the Labor Law and combine it with compensation from the respoCivil Matters — Volume 11 · Source page ١٥٢
  17. Principle 769Compensation. Its purpose: making good the harm in an amount equivalent to it without exceeding it. Combining two compensations for a single harm. Impermissible. Example of partial cassation of a judgment for awarding fiCivil Matters — Volume 11 · Source page ١٥٢
  18. Principle 771The purpose of compensation. Making good the damage in an amount commensurate with it and not exceeding it. Combining two awards of compensation for one damage is impermissible. Example concerning unjust enrichment by clCivil Matters — Volume 11 · Source page ١٥٣
  19. Principle 772Impermissibility of combining 2 compensations for the same damage. Its effect. The injured party may not obtain compensation from the employer under the Labour Law and combine it with compensation from the person liable Civil Matters — Volume 11 · Source page ١٥٣

  20. الحلول في الحق في التعويض

    Principle 773Combining two compensations for the same damage. Impermissible. Its implication. A worker may not claim against the employer compensation for damage under the Labour Law and compensation therefor under the rules of tort Civil Matters — Volume 11 · Source page ١٥٣
  21. Principle 774The insurer’s payment of the insurance sum to the insured in insurance against damage. Its effect. Its statutory subrogation to his position against the person responsible. The reason for this. This subrogation is confinCivil Matters — Volume 11 · Source page ١٥٣
  22. Principle 775Liability insurance. Relates to the insured's assets and is predominantly compensatory in character. The insurer may be subrogated to the insured in claiming the right against the person responsible for the damage. The iCivil Matters — Volume 11 · Source page ١٥٤
  23. Principle 776The insurer's payment of the insurance sum to the insured under insurance against damage. Its effect. Its statutory subrogation to his position against the liable person. The reason therefor. This subrogation is confinedCivil Matters — Volume 11 · Source page ١٥٤
  24. Principle 777Subrogation of the payer to the creditor’s rights where the payer is liable for the debt with the debtor or obliged to pay it on his behalf. - The insurer under compulsory insurance against motor vehicle accidents. It anCivil Matters — Volume 11 · Source page ١٥٤
  25. Principle 778The insurer's payment to the insured or the injured party of their entitlement. Its effect. Its legal subrogation to their position in recourse against the responsible third party for what it paid. It may exercise the inCivil Matters — Volume 11 · Source page ١٥٤
  26. Principle 779Liability insurance. Its nature. Permissibility of the insurer’s subrogation to the insured in claiming his entitlement from the person liable for the harm. - The injured party in liability insurance. Is not considered tCivil Matters — Volume 11 · Source page ١٥٥
  27. Principle 780Payment by the insurer to the insured or the injured party. Its effect. Its legal subrogation to his position in recourse against the responsible third party for what it paid, exercising the insured’s right with its charCivil Matters — Volume 11 · Source page ١٥٥
  28. Principle 781The insurer’s action for recourse against the liable third party for compensation paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s rights. The basis of this subrogation. A statutory Civil Matters — Volume 11 · Source page ١٥٥
  29. Principle 782The insurer’s statutory subrogation to the insured’s position against the third party responsible for the damage—in insurance against damage—if it pays him the insurance sum. Its condition: the person responsible for theCivil Matters — Volume 11 · Source page ١٥٦

  30. سلطة محكمة الموضوع في تقدير التعويض

    Principle 783The subrogation action brought by the insurer against the third party responsible for the accident. Is not considered to arise from the insurance contract and is not subject to the three-year limitation period under ArtiCivil Matters — Volume 11 · Source page ١٥٦
  31. Principle 784Assessment of compensation making good the damage is a question of fact within the exclusive discretion of the court of merits. - The court's assessment of compensation. It must include the loss sustained by the creditorCivil Matters — Volume 11 · Source page ١٥٦
  32. Principle 785Assessment of compensation redressing damage of both kinds, material and moral. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page ١٥٧
  33. Principle 786Assessment of compensation for a third party’s superior title to the sold real property at the value of the property at the time that superior title is established. Reasonable.Civil Matters — Volume 11 · Source page ١٥٧
  34. Principle 787Although assessing compensation for damage in tort liability falls within the authority of the judge of merits, his reasoning as to the elements of that assessment must lead to the conclusion on which he based his judgmeCivil Matters — Volume 11 · Source page ١٥٧
  35. Principle 788Assessment of damage and determination of compensation making good that damage. Within the authority of the court of merits. The condition for this.Civil Matters — Volume 11 · Source page ١٥٧
  36. Principle 789The purpose of compensation is to redress harm commensurately. Any excess constitutes unjust enrichment. Its effect.Civil Matters — Volume 11 · Source page ١٥٧
  37. Principle 790Identification of the elements of damage included in calculating compensation. A question of law subject to review by the Court of Cassation. - Assessment of compensation in a lump sum based on the elements of damage andCivil Matters — Volume 11 · Source page ١٥٧
  38. Principle 791A fixed-term employment contract. Its termination by the employer. His obligation to compensate the worker for all damage sustained as a result of termination - What affects the determination of damage. Limits of compensCivil Matters — Volume 11 · Source page ١٥٧
  39. Principle 792Assessment of compensation commensurate with the damage sustained by the worker as a result of the employer's unjustified termination of a contract before the expiry of its term. Within the sole discretion of the trial cCivil Matters — Volume 11 · Source page ١٥٧
  40. Principle 793Damage. The burden of proving it rests upon the person alleging it, and its assessment and determination of compensation making it good. Within the authority of the court of merits, provided it is reasonable.Civil Matters — Volume 11 · Source page ١٥٨
  41. Principle 794Inferring damage warranting compensation falls within the trial court's authority, provided it is reasonable.Civil Matters — Volume 11 · Source page ١٥٨
  42. Principle 795Assessment of compensation making good the damage. Within the trial court's discretion. The appellate court may alter the amount of compensation awarded by the court of first instance. Disputing this before the Court of Civil Matters — Volume 11 · Source page ١٥٨
  43. Principle 796Assessment of compensation lies within the broad discretion of the judge of merits. Combining compensation for material and moral damage. Its condition.Civil Matters — Volume 11 · Source page ١٥٨
  44. Principle 799Assessment of compensation and whether the debtor committed fraud or gross fault. A question of fact exclusively within the province of the court of merits. Example.Civil Matters — Volume 11 · Source page ١٥٨
  45. Principle 801Damage giving rise to compensation. Determining its existence or absence falls within the authority of the court of merits. - 158 - Obligation - Compensation for whose assessment the law has not prescribed particular staCivil Matters — Volume 11 · Source page ١٥٨
  46. Principle 802Assessment of compensation making good the damage. A factual matter independently determined by the court of merits where it specifies its elements and the basis of entitlement thereto.Civil Matters — Volume 11 · Source page ١٥٩
  47. Principle 804An agent's use of his principal's money for his own benefit is a fault requiring that he be held liable therefor through fair compensation. Assessment of this compensation. Within the authority of the judge of merits.Civil Matters — Volume 11 · Source page ١٥٩
  48. Principle 807Assessment of compensation. Within the authority of the court of merits unless the law requires it to follow particular criteria.Civil Matters — Volume 11 · Source page
  49. Principle 808Assessment of damage and determination of the compensation making it good. Within the unfettered discretion of the court of merits. It may assess the evidence and proofs. It is not obliged to refer the assignment back toCivil Matters — Volume 11 · Source page
  50. Principle 809Assessment of damage and determination of compensation redressing it. Within the authority of the judge of merits. The condition for this.Civil Matters — Volume 11 · Source page
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