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 عن العدوان العراقي

    Principle 921The Public Authority for the Assessment of Compensation for Losses from the Iraqi Aggression. Its task. Recording and assessing the losses of injured parties resulting from acts committed by the aggressor against the couCivil Matters — Volume 11 · Source page ١٧٧
  2. Principle 922The Public Authority for the Assessment of Compensation for Losses of the Iraqi Aggression. Its competence to inventory the damage resulting therefrom, assess the losses of injured parties resulting from the acts committCivil Matters — Volume 11 · Source page ١٧٧
  3. Principle 923Shareholding members of the company whose aggregate shares are not less than 15% of the nominal value of the subscribed capital. Have the right to object to resolutions of the extraordinary general meeting within thirty Civil Matters — Volume 11 · Source page ١٧٧
  4. Principle 924The Public Authority for Assessment of Compensation for Losses from the Iraqi Aggression. Its task. Inventorying and assessing the losses of those injured by the acts committed by the aggressor against the country and itCivil Matters — Volume 11 · Source page ١٧٨
  5. Principle 925The mental pain and anguish suffered by the detainee's family during his detention by the State of Iraq without knowledge of his fate. Among the harms resulting from his death after it has been established. The United NaCivil Matters — Volume 11 · Source page ١٧٨

  6. المقاصة بين التعويض المستحق من جراء الغزو العراقي والمديونيات المشتراة

    Principle 926The State of Kuwait's accession to membership of the United Nations on 15/5/1963. Its effect. Its commitment to the Charter of that organization. The consequence thereof. - The Governing Council constituting the board ofCivil Matters — Volume 11 · Source page ١٧٩
  7. Principle 927Effecting set-off between what is due from the debtor under the purchased indebtedness and what is due to him or his minor children as compensation for the damage to their property resulting from the Iraqi invasion. WhatCivil Matters — Volume 11 · Source page ١٧٩

  8. مدى مسئولية الدولة عن التعويض عن الأعمال القضائية

    Principle 928Using compensation due to a debtor subject to the Indebtedness Law, immediately upon its receipt, for immediate cash repayment of his indebtedness. An exception to the provisions on set-off in the Civil Code. Its implicaCivil Matters — Volume 11 · Source page ١٧٩

  9. سقوط الحق في التعويض

    Principle 929What is issued by the prosecution in its capacity as custodian of the public prosecution and supervisor of judicial police officers. Judicial acts issued by a judicial body, not administrative decisions, whether precedinCivil Matters — Volume 11 · Source page ١٨٠
  10. Principle 930Although the legislature prohibited—as a general rule—charging interest on accrued interest or interest exceeding in total the - 180 - Obligation principal, it excepted cases in which the Commercial Code permits chargingCivil Matters — Volume 11 · Source page ١٨٠
  11. Principle 931Statutory interest is awarded from the time the obligation arises if the amount of the subject matter of the obligation is known at the time it arises. - The meaning of the amount of the subject matter of the obligation Civil Matters — Volume 11 · Source page ١٨١

  12. الاختصاص بدعوى التعويض

    Principle 933The insurer’s coverage. Its scope: what is stated in the insurance policy. Consequence: its liability for the risks specified therein. - Agreement in the insurance policy, in prominent type and a different color, that thCivil Matters — Volume 11 · Source page ١٨١
  13. Principle 934Jurisdiction of the Labour Circuit of the Court of First Instance. Its criterion. - An action for compensation brought on the basis of tort liability. Does not fall within the subject-matter jurisdiction of the Labour CiCivil Matters — Volume 11 · Source page ١٨١

  14. تسبيب حكم التعويض

    Principle 936The court of merits. Its obligation, of its own motion, to ascertain the correct legal rule applicable to the relationship between the parties to the compensation action and apply it to the facts before it. - The direct Civil Matters — Volume 11 · Source page ١٨٢
  15. Principle 937Assessment of the amount of compensation making good damage. For the court of merits. Its condition: identification of its constituent elements and reliance in its judgment on a reasonable basis. The Court of Appeal may Civil Matters — Volume 11 · Source page ١٨٢
  16. Principle 938Assessment of compensation making good the damage. Within the authority of the trial judge. The judge may award aggregate compensation for all damage. Condition: stating the elements of the damage for which such compensaCivil Matters — Volume 11 · Source page ١٨٢
  17. Principle 939Assessment of compensation redressing material and moral damage where the law contains no provision requiring particular criteria or methods to be followed. For the trial court. Its condition. It must state the elements Civil Matters — Volume 11 · Source page ١٨٣
  18. Principle 940Determining damage and assessing compensation redressing it. Questions of fact whose assessment is within the exclusive province of the trial court. Its condition. - The challenged judgment, affirming the first-instance Civil Matters — Volume 11 · Source page ١٨٣

  19. تقادم دعوى التعويض عن العمل غير المشروع

    Principle 941The Court of Appeal may adjust the amount of compensation upward or downward. Its condition. That it state the considerations on which it relied and which are capable of leading to its conclusion. Its reduction of compenCivil Matters — Volume 11 · Source page ١٨٣
  20. Principle 942When is an action for compensation for an unlawful act not heard? - The knowledge required for the running of the three-year limitation period provided for in Article 32 of Law No. 6/1961 means actual knowledge encompassCivil Matters — Volume 11 · Source page ١٨٣
  21. Principle 943The limitation period necessary for an action for compensation arising from an unlawful act to become time-barred. Three years from the day the injured party learns of the occurrence of the damage and the identity of theCivil Matters — Volume 11 · Source page ١٨٣
  22. Principle 944The knowledge that starts the three-year limitation period for an action for liability for an unlawful act is actual knowledge encompassing the occurrence of the harm and the identity of the person responsible for it, noCivil Matters — Volume 11 · Source page ١٨٤
  23. Principle 945An action for liability for an unlawful act is time-barred upon the lapse of three years from the day the injured party learns of the damage and the person responsible for it, or fifteen years from the occurrence of the Civil Matters — Volume 11 · Source page ١٨٤
  24. Principle 946An action for compensation for an unlawful act arising from a crime does not become time-barred while the criminal action remains pending. Suspension of this period so long as no decision has been issued in the criminal Civil Matters — Volume 11 · Source page ١٨٤
  25. Principle 948The injured party's action claiming compensation for an unlawful act constituting a crime. The running of limitation in respect thereof is suspended throughout the duration of the criminal trial of the perpetrator. It reCivil Matters — Volume 11 · Source page ١٨٤
  26. Principle 949A civil action based on a crime is not time-barred unless the criminal action is time-barred. The criterion for this. - The injured party choosing the civil rather than the criminal route to claim compensation. Its effecCivil Matters — Volume 11 · Source page ١٨٤
  27. Principle 951The existence of criminal proceedings alongside a civil compensation action for an unlawful act. Its implication. The civil action is not time-barred until the criminal action is time-barred. The injured person's choice Civil Matters — Volume 11 · Source page ١٨٥
  28. Principle 952The knowledge that starts the short limitation period. Its meaning. Actual knowledge encompassing the occurrence of the harm and the identity of the person responsible for it. The lapse of three years from its date. A waCivil Matters — Volume 11 · Source page ١٨٥
  29. Principle 953An action for compensation for an unlawful act. It is time-barred upon the lapse of three years from the day the injured person became aware of the damage and the person responsible for it. Example.Civil Matters — Volume 11 · Source page ١٨٥

  30. تقادم دعوى التعويض عن المسئولية العقدية

    Principle 954Liability for an unlawful act constituting a crime. The civil action for compensation is not time-barred unless the criminal action is time-barred. The injured party’s choice of the civil route to claim compensation for Civil Matters — Volume 11 · Source page ١٨٥
  31. Principle 955Determination of the commencement date of the one-year limitation period for liability actions arising from a contract of carriage in cases of total or partial loss. Article 162 of the Commercial Code. Failure to specifyCivil Matters — Volume 11 · Source page ١٨٦
  32. Principle 956Interruption of the prescribed period for hearing the action. Commencement of a new period of the same length. When the new period is fifteen years. - The Iraqi invasion of the country. An impediment suspending limitatioCivil Matters — Volume 11 · Source page ١٨٦
  33. Principle 958Actions 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 because of a breach of the contract conditions oCivil Matters — Volume 11 · Source page ١٨٦
  34. Principle 959The insurer may recover from the insured the compensation paid to the injured party in the two cases of breach of reasonable conditions or occurrence of one of the cases specified in Article 76 of the Executive RegulatioCivil Matters — Volume 11 · Source page ١٨٧

  35. تقادم دعوى التعويض عن جرائم النشر

    Principle 960Actions arising from an insurance contract. Their time-bar period is three years from the occurrence of the event giving rise to these actions. Article 807 of the Civil Code. - The running of prescription for these actioCivil Matters — Volume 11 · Source page ١٨٧
  36. Principle 961An action for compensation arising from publication lapses if it is not brought within three months from the date of publication, unless circumstances of force majeure prevent its institution. Staying the civil action unCivil Matters — Volume 11 · Source page ١٨٧
  37. Principle 962Recourse to the provisions of the general law where a special law exists - Its prerequisite. - 187 - Obligation - The misdemeanor of insult by publication. The criminal action and the compensation action arising from it Civil Matters — Volume 11 · Source page ١٨٧
  38. Principle 964The three-month period within which an action for compensation must be brought for the offences stipulated in Law 3 of 1961 concerning Printing and Publication (which was replaced by Law 3 of 2006). Article 33/2, 3. A spCivil Matters — Volume 11 · Source page ١٨٨

  39. تقادم دعوى التعويض عن الإثراء بلا سبب

    Principle 966Equivalent performance. Its basis is unjust enrichment. - An unjust enrichment action. When it becomes time-barred. - The limitation period for an unjust enrichment action begins to run upon the person who suffered harm Civil Matters — Volume 11 · Source page ١٨٩
  40. Principle 967An unjust enrichment action is time-barred upon the lapse of three years from the day on which the person who sustained damage learns of his right to compensation, or upon the expiry of fifteen years from the day on whicCivil Matters — Volume 11 · Source page ١٨٩
  41. Principle 968An action for unjust enrichment. When it is time-barred. - An action for liability for an unlawful act. When it is time-barred. This action's arising from a crime. Its effect. It is not time-barred, and its limitation peCivil Matters — Volume 11 · Source page ١٨٩
  42. Principle 969The determining factor for commencement of the limitation period for an unjust enrichment action is the injured person's actual knowledge of his right to compensation. This is attained only on the day the final judgment Civil Matters — Volume 11 · Source page ١٩٠

  43. التعويض في القانون الأردني

    Principle 970An action for unjust enrichment. It is time-barred upon the lapse of three years from the first day on which the person who suffered damage learns of his right to compensation. Compensation under Jordanian law:Civil Matters — Volume 11 · Source page ١٩٠
  44. Principle 971Establishment that the Jordanian motor vehicle insurance regulation covering harm to third parties applies to the facts of the dispute. That regulation’s limitation of the insurance company’s liability for bodily harm suCivil Matters — Volume 11 · Source page ١٩٠

  45. انتفاء المسئولية

    Principle 972Jordanian Compulsory Insurance Regulation No. 29 of 1985. Its amended Schedule No. (1) is confined to determining compensation for death without providing for compensation for moral damage. The judgment's reliance on thaCivil Matters — Volume 11 · Source page ١٩٠
  46. Principle 973The injured party’s fault subsuming the respondent’s fault removes the latter’s liability. The reason for this: absence of a causal link.Civil Matters — Volume 11 · Source page ١٩٠
  47. Principle 974The lessee's obligation to return the leased property and its accessories upon expiry of the lease. Breach thereof. The lessee's obligation to compensate unless the destruction of or damage to the leased property resulteCivil Matters — Volume 11 · Source page
  48. Principle 975Compensation under the guarantee for personal injury is not due if it is established that the injured party deliberately inflicted injury upon himself. Intentional gross misconduct that removes liability. Its definition.Civil Matters — Volume 11 · Source page
  49. Principle 976The carrier’s obligation is an obligation to achieve a result. It is not discharged if he proves that the damage to the goods is attributable to force majeure, an inherent defect, or the consignor’s fault.Civil Matters — Volume 11 · Source page
  50. Principle 977Exempting the carrier from liability for loss or damage arising from fire. Its prerequisite. Proof of a causal relationship between the damage and the fire. Its implication: the burden of proving that the fire occurred tCivil Matters — Volume 11 · Source page
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