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 865Assessing compensation that makes 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. It must state the eleCivil Matters — Volume 11 · Source page ١٦٧
  2. Principle 866Assessment of damage and the amount of compensation making it good. A matter of merits. Its condition. - The claimant for compensation submits admissible evidence concerning an element of the damage for which compensatioCivil Matters — Volume 11 · Source page ١٦٨
  3. Principle 867Determining the harm warranting compensation and its extent, or its absence. A factual matter for the court of merits. Its condition. Basing its ruling on sound reasons. - The absence of a statutory provision requiring aCivil Matters — Volume 11 · Source page ١٦٨
  4. Principle 868Assessment of material and moral damage and the compensation making it good where its grounds exist. Within the authority of the judge of merits unless a provision of law obliges him to follow particular standards. AdjusCivil Matters — Volume 11 · Source page ١٦٨
  5. Principle 869Assessment of compensation. Within the authority of the court of merits whenever its grounds exist and there is no provision of law requiring particular methods and criteria to be followed in that regard. The condition fCivil Matters — Volume 11 · Source page ١٦٨
  6. Principle 870Determination of the damage and assessment of the compensation redressing it. Matters of fact independently assessed by the trial court. Its condition. - The challenged judgment, affirming the first-instance judgment, coCivil Matters — Volume 11 · Source page ١٦٨
  7. Principle 873Establishing the fault giving rise to contractual liability and assessing the existence of damage and the causal relationship between them. Matters of fact for the trial court. - Assessment of compensation making good thCivil Matters — Volume 11 · Source page ١٦٩
  8. Principle 874Assessment of damage and determination of compensation to redress it. Matters within the unfettered discretion of the court of merits, provided that the grounds therefor exist and there is no special statutory provision Civil Matters — Volume 11 · Source page ١٦٩
  9. Principle 875Assessment of compensation redressing harm. Within the trial judge’s authority. The judge may award aggregate compensation for all harm. Its condition: specifying the elements of harm for which this compensation was awarCivil Matters — Volume 11 · Source page ١٦٩
  10. Principle 876Inferring the existence or absence of damage and assessing compensation redressing it. A matter of fact.Civil Matters — Volume 11 · Source page ١٦٩
  11. Principle 877The Court of Cassation may review the trial court’s adjudication characterizing the act upon which the compensation claim is based as a fault or denying it that characterization.Civil Matters — Volume 11 · Source page ١٦٩
  12. Principle 878Inferring the existence or absence of damage. A matter of fact within the exclusive discretion of the trial judge, so long as the inference is sound. - Assessment of damage and determination of compensation making it gooCivil Matters — Volume 11 · Source page ١٦٩
  13. Principle 879Assessment of compensation. A matter for the court of merits. Its limit: the absence of a statutory provision requiring particular criteria to be followed in this regard.Civil Matters — Volume 11 · Source page ١٧٠
  14. Principle 880Damage is an element of liability. Inferring its existence or absence and assessing compensation redressing it. Within the authority of the court of merits, which may rely on the expert’s report for this purpose. The conCivil Matters — Volume 11 · Source page ١٧٠
  15. Principle 881Assessing compensation. Within the authority of the court of merits unless the law contains a provision requiring particular standards to be followed in that respect.Civil Matters — Volume 11 · Source page ١٧٠
  16. Principle 882Assessment of compensation due to the impoverished party as a result of the void contract. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page ١٧٠
  17. Principle 883Assessment of compensation making good both material and moral damage. A matter of fact. Its limit: provided that the court sets out its constituent elements. The court's statement of the reasons that led it to assess coCivil Matters — Volume 11 · Source page ١٧٠
  18. Principle 884Determining whether damage warranting compensation exists or does not exist. Within the authority of the court of merits. The condition thereof. - 170 - ObligationCivil Matters — Volume 11 · Source page ١٧٠
  19. Principle 885Lost profit. Compensation for it is permissible. - Inferring and assessing damage warranting compensation. A matter for the court of merits. The limit thereof.Civil Matters — Volume 11 · Source page ١٧١
  20. Principle 886Determining damage giving rise to compensation and assessing compensation that makes good that damage. Within the authority of the court of merits. The condition for this. Example.Civil Matters — Volume 11 · Source page ١٧١
  21. Principle 887Damage is an element of civil liability. The burden of proving it. Falls upon the injured party. - Inferring the existence or absence of damage and assessing compensation. Matters of merits.Civil Matters — Volume 11 · Source page ١٧١
  22. Principle 888The subject matter of the obligation being a sum of money. Its effect: impermissibility of agreeing on an assessment of the compensation payable in the event of its breach. An example concerning a rent debt.Civil Matters — Volume 11 · Source page ١٧١
  23. Principle 889Assessment of compensation for worsening damage. The general rule is that it is determined at the time of judgment. Impossibility of definitively determining the extent of damage. The judge may award the injured party coCivil Matters — Volume 11 · Source page ١٧١
  24. Principle 890The rule that an appellant may not be prejudiced by his appeal. Confined to cases where the appeal is brought by the appellant alone. Both the injured party and the liable person appealing the judgment rendered on the coCivil Matters — Volume 11 · Source page ١٧١

  25. سلطة محكمة الاستئناف في إعادة تقدير التعويض

    Principle 892The Court of Appeal has full jurisdiction to reconsider the action within the limits of what has been brought on appeal. It may assess compensation differently from the assessment of the court of first instance.Civil Matters — Volume 11 · Source page ١٧٢
  26. Principle 893Assessment of compensation is within the authority of the trial court - The Court of Appeal. Its task is not confined to reviewing the appealed judgment. The dispute is considered submitted to it for fresh determination;Civil Matters — Volume 11 · Source page ١٧٢
  27. Principle 894The respondent’s filing of an incidental appeal or a cross-appeal. Its effect. The dispute adjudicated by the court of first instance is transferred in its entirety to the Court of Appeal within the limits of the relief Civil Matters — Volume 11 · Source page ١٧٢
  28. Principle 895The Court of Appeal. Has full jurisdiction to reconsider the action within the scope of the appeal. It may assess compensation differently from the assessment of the court of first instance.Civil Matters — Volume 11 · Source page ١٧٣
  29. Principle 896The Court of Appeal may, in assessing compensation, adopt an approach different from the judgment of the court of first instance. The condition thereof.Civil Matters — Volume 11 · Source page ١٧٣
  30. Principle 897Compensation redressing damage of both kinds. Its assessment. Within the authority of the court of merits. - The Court of Appeal’s adjustment of the compensation amount upward or downward. Falls within its discretionary Civil Matters — Volume 11 · Source page ١٧٣
  31. Principle 898The appellate court may adopt the reasons of the first-instance judgment without providing new reasons. It may take an approach to assessing compensation different from the assessment of the court of first instance. ContCivil Matters — Volume 11 · Source page ١٧٣
  32. Principle 899Compensation making good damage in its two elements. Its assessment. A matter of merits. The condition for this. - The appellate court’s adjustment of the amount of compensation upwards or downwards. Within its discretioCivil Matters — Volume 11 · Source page ١٧٣
  33. Principle 900The judgment's consideration, when assessing the compensation awarded, of the deceased's contribution to the fault, and its reduction of the amount awarded at first instance. No defect. - 173 - ObligationCivil Matters — Volume 11 · Source page ١٧٣
  34. Principle 901The appellate court’s full jurisdiction to reconsider the action within the limits of the matters appealed. Its necessary consequence. It may decide on the assessment of compensation differently from the court of first iCivil Matters — Volume 11 · Source page ١٧٤
  35. Principle 902Assessment of compensation making good the damage. A matter of fact within the exclusive discretion of the court of merits. The condition for this. - The Court of Appeal's amendment of the compensation amount by increasiCivil Matters — Volume 11 · Source page ١٧٤
  36. Principle 903The Court of Appeal may adjust the amount of compensation upwards or downwards. Its condition. It must state the considerations on which it relied and which are capable of leading to its conclusion. Reducing compensationCivil Matters — Volume 11 · Source page ١٧٤
  37. Principle 904Compensation whose increase may be sought before the Court of Appeal. That in respect of which something has arisen justifying an increase over the amount specified in the final claims before the court of first instance,Civil Matters — Volume 11 · Source page ١٧٤
  38. Principle 905The appellate court’s adjustment of the amount of compensation falls within its discretion and may not be disputed before the Court of Cassation. The condition for this: the court must state the considerations for which Civil Matters — Volume 11 · Source page ١٧٤
  39. Principle 906Assessment of compensation redressing damage in its material and moral elements, and adjustment of its amount by the appellate court through increase or reduction. Within the court's discretionary authority. It may not bCivil Matters — Volume 11 · Source page ١٧٤

  40. إدماج التعويض عن الضررين المادي والأدبي

    Principle 907Assessment of compensation. Within the authority of the court of fact. The limit to this: it must state in its judgment the considerations for which it increased or reduced the compensation awarded, and what it states muCivil Matters — Volume 11 · Source page ١٧٥
  41. Principle 908Assessment of compensation where its grounds exist and there is no provision requiring particular criteria to be followed in that regard. Within the trial court's authority. It is not obliged to state the reasons for theCivil Matters — Volume 11 · Source page ١٧٥
  42. Principle 909Assessment of compensation to redress damage. Within the authority of the court of merits so long as the law does not require it to follow particular criteria in that regard.Civil Matters — Volume 11 · Source page ١٧٥
  43. Principle 910The injured party’s injuries for which assessment of compensation is left to the judge. Awarding a single aggregate compensation for them. Does not violate the law.Civil Matters — Volume 11 · Source page ١٧٥
  44. Principle 911The judge is not bound to follow particular criteria concerning compensation left to their assessment. Compensation redressing the damage arising from the injured party's injuries may be assessed in an aggregate amount.Civil Matters — Volume 11 · Source page ١٧٥
  45. Principle 912Absence of a provision requiring adherence to specific criteria for assessing compensation. Its effect. The judge has authority to assess it. The judgment’s award of aggregate compensation for several matters. PermissiblCivil Matters — Volume 11 · Source page ١٧٥
  46. Principle 913A judgment awarding aggregate compensation for several matters, provided that it discusses each separately and sets out the claimant's entitlement thereto, and no legal provision requires particular criteria or methods tCivil Matters — Volume 11 · Source page ١٧٥
  47. Principle 914Assessment of compensation for material and moral damage. Within the discretion of the judge of merits if he specifies their constituent elements. Combining them together and assessing compensation for them in an aggregaCivil Matters — Volume 11 · Source page ١٧٦
  48. Principle 915Combining the two awards of compensation for material and moral damage. Does not vitiate the judgment. The condition for this. - Loss of an opportunity. A contingent but certain matter. Its eligibility for compensation.Civil Matters — Volume 11 · Source page
  49. Principle 919Ascertaining the correct legal rule applicable to the relationship between the parties to the compensation action. A duty of the court of merits, without this constituting a change by it to the cause or subject matter ofCivil Matters — Volume 11 · Source page
  50. Principle 920Determining the correct basis of liability and ascertaining the legal rule applicable to the relationship between the parties to a compensation action. Within the authority of the court of merits, without this being regaCivil Matters — Volume 11 · Source page
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