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. سلطة محكمة الموضوع في تقدير التعويض

    Principle 810Ascertaining the correct legal rule governing the relationship between the parties to a compensation action and applying it to the facts is a duty of the court of merits. The rationale. - Assessing compensation that makeCivil Matters — Volume 11 · Source page ١٦٠
  2. Principle 811The purpose of compensation. Making good the damage in a balanced manner. The necessary consequence thereof. Deducting the consumed value when assessing it. - When compensation is assessed according to the market value oCivil Matters — Volume 11 · Source page ١٦٠
  3. Principle 812Assessment of the amount of compensation. A factual matter independently determined by the court of merits, provided that it is reasonable.Civil Matters — Volume 11 · Source page ١٦٠
  4. Principle 813Determining the condition of the goods at delivery, ascertaining the damage sustained by them and assessing the compensation due. Matters of fact independently determined by the court of merits.Civil Matters — Volume 11 · Source page ١٦٠
  5. Principle 814Determining the damage and assessing compensation making it good. Within the authority of the judge of merits. An example concerning the entitlement of a minor below the age of discernment to compensation for moral damagCivil Matters — Volume 11 · Source page ١٦٠
  6. Principle 815Assessment of compensation redressing harm. A factual matter. Independently determined by the judge of merits. He may award aggregate compensation for all the harm suffered by the injured party. The condition therefor. ACivil Matters — Volume 11 · Source page ١٦٠
  7. Principle 816Compensation in respect of which the law has not prescribed particular standards to be followed. Its assessment is a matter of merits. Example of making good material and moral damage.Civil Matters — Volume 11 · Source page ١٦١
  8. Principle 818The debtor's proof that there is no damage or that the damage occurring is less than the agreed compensation. The court of merits may decline to award it or reduce it.Civil Matters — Volume 11 · Source page ١٦١
  9. Principle 819Compensation for which the law does not prescribe particular criteria to be followed. Its assessment is a matter of fact. Example of redressing material and moral damage.Civil Matters — Volume 11 · Source page ١٦١
  10. Principle 820Assessment of compensation in its material and moral elements. Within the trial court's authority. The condition therefor. - The excluded employee's lack of entitlement to wages. Its implication: compensation need not eqCivil Matters — Volume 11 · Source page ١٦١
  11. Principle 822Compensation in respect of which the law has not prescribed following particular standards. Its assessment is a matter of merits.Civil Matters — Volume 11 · Source page ١٦١
  12. Principle 823The court of merits may award full compensation instead of the provisional compensation claimed. Its condition. Its ascertainment that the damage for which compensation is sought has definitively stabilised.Civil Matters — Volume 11 · Source page ١٦١
  13. Principle 824Inferring the existence of damage and assessing the compensation redressing it. Within the trial court’s authority. The condition for this. - 161 - ObligationCivil Matters — Volume 11 · Source page ١٦١
  14. Principle 825The purpose of compensation is to redress damage without excess. - The trial court's assessment of total compensation. Its implication. The provisional compensation awarded to the injured person must be deducted.Civil Matters — Volume 11 · Source page ١٦٢
  15. Principle 826Assessing compensation where its grounds exist and there is no legal provision requiring particular standards and methods to be followed in that respect. Within the authority of the court of merits. Example.Civil Matters — Volume 11 · Source page ١٦٢
  16. Principle 828Assessment of compensation. A matter of merits according to the ordinary course of similar matters, without exaggeration or excess. Exceeding this. Enrichment. - The absence from the papers of the fact relied upon by theCivil Matters — Volume 11 · Source page ١٦٢
  17. Principle 829The court of merits has authority to assess compensation redressing harm without stating the reasons therefor. Its import. The existence of its grounds and the absence of a statutory provision requiring adherence to partCivil Matters — Volume 11 · Source page ١٦٢
  18. Principle 830Assessment of compensation making good damage. A matter of fact independently determined by the judge of merits. Argument thereon before the Court of Cassation. Impermissible.Civil Matters — Volume 11 · Source page ١٦٢
  19. Principle 831The existence of grounds for compensation without a provision of law requiring particular criteria to be followed. Its assessment. Within the trial judge's authority. The condition for this. - 162 - ObligationCivil Matters — Volume 11 · Source page ١٦٢
  20. Principle 832Compensation making good damage of both kinds, moral and material. Its assessment belongs to the court of merits. The condition for this. Stating the reasons that led it to assess compensation. Not necessary.Civil Matters — Volume 11 · Source page ١٦٣
  21. Principle 833Assessment of consideration for use as compensation equivalent to the benefit obtained by the contracting party who was unable to restore in kind what he gained as a result of the void contract, although within the authoCivil Matters — Volume 11 · Source page ١٦٣
  22. Principle 834Assessment of compensation. Within the authority of the court of merits insofar as the law does not oblige it to follow particular standards or methods in that respect. The condition thereof.Civil Matters — Volume 11 · Source page ١٦٣
  23. Principle 835Assessment of damage and determination of compensation making it good. A matter of fact within the trial judge's exclusive discretion. Its condition. Compensation must be proportionate to the damage. An example in which Civil Matters — Volume 11 · Source page ١٦٣
  24. Principle 836Assessment of compensation in the absence of a provision requiring particular criteria to be followed. Within the trial judge’s authority. Its condition. - Assessment of compensation for moral damage. What suffices for tCivil Matters — Volume 11 · Source page ١٦٣
  25. Principle 837Inferring the elements of liability and assessing compensation redressing damage. Questions of fact within the exclusive province of the trial court, so long as its inference is reasonable.Civil Matters — Volume 11 · Source page ١٦٣
  26. Principle 838Assessment of compensation. A matter of fact where the law contains no provision requiring particular criteria to be followed and the court's assessment is based on reasonable grounds. Dispute over this. A factual disputCivil Matters — Volume 11 · Source page ١٦٣
  27. Principle 839The judge may assess compensation redressing the damage resulting from the injuries collectively or for each injury separately.Civil Matters — Volume 11 · Source page ١٦٤
  28. Principle 841Moral damage. Permissibility of compensation for it in its various manifestations. Compensation for it in the event of death. Limited to spouses and relatives up to the second degree. The trial court may assess it in casCivil Matters — Volume 11 · Source page ١٦٤
  29. Principle 842Assessment of harm and compensation redressing it. A matter of fact exclusively for the court of fact. An example concerning the injured party's contribution to causing the harm.Civil Matters — Volume 11 · Source page ١٦٤
  30. Principle 843Determining the damage and the extent of the injured party’s contribution to causing it, and assessing compensation that makes good that damage. A factual matter independently determined by the court of merits, provided Civil Matters — Volume 11 · Source page ١٦٤
  31. Principle 845Assessment of compensation making good the damage. A factual matter independently determined by the judge of merits. The condition for this.Civil Matters — Volume 11 · Source page ١٦٤
  32. Principle 846Assessment of compensation. Within the authority of the court of merits whenever its grounds are present and there is no statutory provision requiring adherence to particular criteria in that regard. - Inferring fault, tCivil Matters — Volume 11 · Source page ١٦٤
  33. Principle 847The criterion for not being bound, when assessing compensation, by the amount of the penalty clause agreed upon in the contract is that the contracting party who failed to perform his obligation or part of it committed fCivil Matters — Volume 11 · Source page ١٦٤
  34. Principle 848Assessment of compensation redressing damage. A question of fact for the trial court. Its condition. Its statement of the bases of assessment. - A worker's injury in an accident arising out of and during work. Its effectCivil Matters — Volume 11 · Source page ١٦٥
  35. Principle 849Inferring the existence of harm and assessing compensation redressing both its types. A matter of fact for the court of fact. Its condition. - Permissibility of compensation for loss of opportunity in lost profits. The cCivil Matters — Volume 11 · Source page ١٦٥
  36. Principle 850Harm is an element of liability. The burden of proving its occurrence. Falls upon the injured party. Inferring its existence and assessing compensation for it. A matter for the trial court. Its condition.Civil Matters — Volume 11 · Source page ١٦٥
  37. Principle 851Determining the condition of the goods at the time of delivery, establishing the damage sustained by them, and assessing the compensation due therefor. Questions of fact for the court of merits. Its condition.Civil Matters — Volume 11 · Source page ١٦٥
  38. Principle 852Assessment of compensation where its grounds exist and no statutory provision requires adherence to particular criteria or methods. A matter of fact. Its condition.Civil Matters — Volume 11 · Source page ١٦٥
  39. Principle 853The subject matter of agency. Its nature. A legal act that may entail carrying out material acts considered ancillary to it and not constituting an obligation for a sum of money. Its consequence. No default interest is dCivil Matters — Volume 11 · Source page ١٦٥
  40. Principle 854Assessment of damage and determination of compensation making it good. A matter of fact. Its condition. That its grounds exist, that no legal provision requires particular criteria to be followed in this regard, and thatCivil Matters — Volume 11 · Source page ١٦٦
  41. Principle 855Compensation for the injury itself. Does not preclude compensation for material and moral damage. Its assessment. Within the authority of the judge of merits. Its condition. The absence of a statutory provision requiringCivil Matters — Volume 11 · Source page ١٦٦
  42. Principle 856Inferring the existence of damage warranting compensation and its extent, or its absence. Within the authority of the judge of merits where he bases his ruling on sound reasons. Example.Civil Matters — Volume 11 · Source page ١٦٦
  43. Principle 857Assessing the amount of compensation that makes good the damage. For the court of merits. Its condition: stating its constituent elements and resting its judgment on a reasonable basis. The appellate court may increase oCivil Matters — Volume 11 · Source page ١٦٦
  44. Principle 858Assessment of compensation. Within the authority of the court of merits. The condition therefor. The existence of its grounds and the absence of a provision of law requiring particular criteria or methods to be followed Civil Matters — Volume 11 · Source page ١٦٦
  45. Principle 859Assessment of harm and determination of compensation redressing it. Within the independent authority of the trial judge. The condition for this. Proportionality of compensation to the harm. The reason for this. An examplCivil Matters — Volume 11 · Source page ١٦٦
  46. Principle 860Assessment of damage and determination of compensation redressing it. A matter of fact. Identification of the constituent elements of damage included in calculating compensation. A question of law. Subject to review by tCivil Matters — Volume 11 · Source page ١٦٧
  47. Principle 861Assessment of compensation making good the damage. Within the trial judge’s authority. He may award aggregate compensation for all damage. Its condition: stating the elements of damage for which this compensation was awaCivil Matters — Volume 11 · Source page ١٦٧
  48. Principle 862Compensation for bodily injury where the injury does not reach the degree for which diya or arsh is payable pursuant to Islamic Sharia and the Schedule of Diyas. Its assessment at an amount making good the damage. A mattCivil Matters — Volume 11 · Source page
  49. Principle 863An injury for which no diyah or prescribed arsh is payable in accordance with Islamic Sharia provisions and as provided in the schedule of diyahs. Compensation therefor is as assessed by the judge to make good the damageCivil Matters — Volume 11 · Source page
  50. Principle 864Determining the damage and the extent of the injured party’s contribution to causing it, and assessing compensation redressing it where there is no provision requiring particular criteria to be followed in this regard. FCivil Matters — Volume 11 · Source page
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