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. العُرف

    Principle 1042Assessment of the existence or absence of custom. Within the unrestricted discretion of the trial court where its inference is reasonable.Civil Matters — Volume 11 · Source page ٢٠٤
  2. Principle 1043The general rule is that the broker's remuneration is determined by agreement between him and the client who authorized him to seek to conclude the transaction. In the absence of agreement, the judge determines that remuCivil Matters — Volume 11 · Source page ٢٠٤
  3. Principle 1044General or common average in maritime custom. Its definition. A voluntary sacrifice by the master for the common interests to avert a danger threatening the vessel and its cargo. 245 Maritime.Civil Matters — Volume 11 · Source page ٢٠٤
  4. Principle 1045Entry of transactions into and their merger in the current account and the loss of their individuality. And their independence therein. Effect thereof. The rules governing current-account interest apply to them. - CompouCivil Matters — Volume 11 · Source page ٢٠٤
  5. Principle 1046Closure of a current account of indefinite duration at the will of either party. Necessity of observing the agreed or customary notice periods. Article 399, Commercial Code.Civil Matters — Volume 11 · Source page ٢٠٤
  6. Principle 1047The general rule is that a broker’s remuneration is fixed in advance by agreement unless a provision prescribes otherwise; otherwise it is fixed according to custom. If there is no custom. The judge assesses it accordingCivil Matters — Volume 11 · Source page ٢٠٤
  7. Principle 1049A grant given by an employer to his workers in addition to their agreed wages passing from the realm of donation into that of obligation. Its condition. The employer's habitual granting of it and the worker's belief thatCivil Matters — Volume 11 · Source page ٢٠٥
  8. Principle 1050Custom arises only in the absence of a statutory provision and cannot conflict with legal provisions in force. The effect of this. The administration's repeated contravention of applicable decisions cannot establish a biCivil Matters — Volume 11 · Source page ٢٠٥
  9. Principle 1051Custom is a subsidiary source of law to which the judge resorts only where legislation is silent. - The Majalla of Judicial Provisions contains provisions governing the acquisition of ownership of dead land having no ownCivil Matters — Volume 11 · Source page ٢٠٥
  10. Principle 1052The defense of non-performance. The condition for invoking it. Its limitation by necessity and custom. Consequence.Civil Matters — Volume 11 · Source page ٢٠٥
  11. Principle 1053Statutory interest is compensation for delay in fulfilling an obligation to pay a sum of money. It accrues as soon as the debt falls due, without proof of harm or agreement upon it, and the debtor is exempted from it onlCivil Matters — Volume 11 · Source page ٢٠٥
  12. Principle 1054Ascertaining the facts, assessing judicial presumptions, examining evidence and documents, accepting or rejecting witness testimony, and assessing the existence of custom. Within the trial court's authority.Civil Matters — Volume 11 · Source page ٢٠٥
  13. Principle 1055The agency contract. Its scope. It extends to all necessary transactions and acts required for its performance according to the nature of the transaction that is the subject of the agency, prevailing custom, and the contCivil Matters — Volume 11 · Source page ٢٠٥
  14. Principle 1057A difference in the category of goods agreed upon with the seller. Reference in this respect is to the agreement concluded between the parties or to commercial custom. - The Commercial Code’s absence, regarding commerciaCivil Matters — Volume 11 · Source page ٢٠٦
  15. Principle 1058Appointing a bank as agent to collect the value of a cheque. Subject to the agency provisions in the Civil Code, supplemented by banking custom. - An agent’s appointment of a substitute. Impermissible except with authoriCivil Matters — Volume 11 · Source page ٢٠٦
  16. Principle 1060Telephone communication as an approved means for banks to conduct foreign currency purchase and sale transactions. A banking custom. Its reason. Speedy completion of transactions. - 206 - ObligationCivil Matters — Volume 11 · Source page ٢٠٦
  17. Principle 1061Invoking custom. Not permissible unless legislation lacks a provision applicable to the matter presented. The absence of special legislation regulating the matter does not justify resorting to custom as a subsidiary sourCivil Matters — Volume 11 · Source page ٢٠٧
  18. Principle 1062The Companies Law. Scope of its application. The incorporation, management and dissolution of companies. Companies’ conduct of their activities. Its subjection to the provisions of the Commercial Law. - Trade name. It muCivil Matters — Volume 11 · Source page ٢٠٧
  19. Principle 1063A broker's remuneration is determined according to law, agreement, or custom: its reduction. Within the authority of the court of merits. The reason therefor. It may assess his remuneration if there is no custom governinCivil Matters — Volume 11 · Source page ٢٠٧
  20. Principle 1064A new defence involving facts which was not previously raised before the court of merits. It may not be invoked for the first time before the Court of Cassation. An example concerning reliance on the existence of a custoCivil Matters — Volume 11 · Source page ٢٠٧
  21. Principle 1065A ground based on facts not previously presented to the trial court. It may not be invoked for the first time before the Court of Cassation. An example concerning reliance on the existence of a custom or abuse of a rightCivil Matters — Volume 11 · Source page ٢٠٧
  22. Principle 1066A bonus or grant. A form of wages, whatever the source of the obligation to pay it. Its movement from the sphere of donation to that of obligation where its source is custom. Assessment thereof. A matter for the court ofCivil Matters — Volume 11 · Source page ٢٠٧
  23. Principle 1067Grants and bonuses given by an employer to an employee in addition to his basic wage. The general rule is that they are gratuitous. This characterization changes if the employer undertakes to pay them or custom establishCivil Matters — Volume 11 · Source page ٢٠٧
  24. Principle 1068Custom as a source of the employer’s obligation in respect of grants and bonuses awarded to the worker. Its material and psychological elements. Their nature. Assessment of its existence falls within the discretion of thCivil Matters — Volume 11 · Source page ٢٠٨
  25. Principle 1069Disagreement between spouses over receipt of the dower. The wife's statement prevails before consummation and the husband's thereafter, unless there is evidence or custom to the contrary. An example of a sound response tCivil Matters — Volume 11 · Source page ٢٠٨
  26. Principle 1070The grant an employer gives to his workers on an occasion or at certain times and its treatment as a form of wages. Its sources: agreement, the internal bylaws or custom. - Custom as a source of the employer’s obligationCivil Matters — Volume 11 · Source page ٢٠٨
  27. Principle 1071The existence of custom. A question of fact imposing the burden of proving it upon the interested party invoking it before the court of merits.Civil Matters — Volume 11 · Source page ٢٠٨
  28. Principle 1072Provisions and rules that the judge must apply when issuing judgments. Their nature. Impermissibility of relying on rules of equity as a source of legislation in the absence of a provision, rules of Islamic jurisprudenceCivil Matters — Volume 11 · Source page ٢٠٨
  29. Principle 1073Maintenance includes food, clothing, housing and associated medical treatment, service and other things, according to custom and the means or hardship of the person obliged to provide it, regardless of the wife’s circumsCivil Matters — Volume 11 · Source page ٢٠٨
  30. Principle 1074Ascertaining custom and assessing it as evidence in the action. A matter of fact for the court of merits. - 208 - ObligationCivil Matters — Volume 11 · Source page ٢٠٨
  31. Principle 1075The broker's remuneration is due in return for the services performed for the client. It is determined in accordance with the law, agreement, or custom; if none exists, the judge assesses it based on the effort expended Civil Matters — Volume 11 · Source page ٢٠٩
  32. Principle 1076Understanding the facts of the action, assessing and weighing the evidence, ascertaining custom, and relying on unofficial photographic copies of documents. Within the trial court’s authority. The condition for this.Civil Matters — Volume 11 · Source page ٢٠٩
  33. Principle 1077Disagreement between spouses as to the wife's receipt of the prompt dower before consummation. Its consequence. Her statement is accepted upon her oath. Exception: evidence or custom to the contrary. Example.Civil Matters — Volume 11 · Source page ٢٠٩
  34. Principle 1079Maintenance under the Ja'fari school has no exhaustive list of categories. The determining consideration is the necessities of life a person needs for his livelihood. Its implication: it varies in kind, quantity, and manCivil Matters — Volume 11 · Source page ٢٠٩
  35. Principle 1080Accrual of interest on payments into a current account. Its condition. Agreement to that effect during the period of its operation. Failure to specify the interest rate in the agreement. Its implication. Calculation therCivil Matters — Volume 11 · Source page ٢٠٩
  36. Principle 1081Travelers’ cheques or tourist cheques. They are cheques created by banking custom. The bank draws them on its branches or the banks with which it deals and sells them to the customer. The latter must sign the cheque as bCivil Matters — Volume 11 · Source page ٢٠٩
  37. Principle 1082Termination of a current-account contract of indefinite duration at the will of either party. Permissible, since it is a contract based on personal considerations, requiring each party to be given the right to withdraw fCivil Matters — Volume 11 · Source page ٢٠٩
  38. Principle 1083The seller’s obligation to deliver the thing sold. Due immediately upon conclusion of the contract unless another time is agreed upon or the nature of the thing sold or custom requires a specified period to elapse for suCivil Matters — Volume 11 · Source page ٢١٠
  39. Principle 1084Completion of the sale. Its effect. The price is deemed payable unless an agreement or custom provides otherwise. - The total interest received by the creditor. May not exceed the principal. Exception: cases provided forCivil Matters — Volume 11 · Source page ٢١٠
  40. Principle 1085Grant or bonus. Considered part of the wage if the employer undertakes to pay it in the employment contract, a subsequent agreement, work regulations, or pursuant to custom. Condition for this: habitual granting and beliCivil Matters — Volume 11 · Source page ٢١٠
  41. Principle 1086Determining what is suitable for men and women. What prevailing custom dictates, which varies with countries and times. - Investigating custom and verifying its existence. A matter of fact for the trial court by virtue oCivil Matters — Volume 11 · Source page ٢١٠
  42. Principle 1087A grant is a form of wages, whether the source of the obligation to provide it is an agreement, the articles-of-association regulations, or an established custom of granting it. - 210 - Obligation - A grant where the souCivil Matters — Volume 11 · Source page ٢١٠
  43. Principle 1088Banking custom concerning banks' preservation of the confidentiality of customers' information and data. A fundamental pillar of the banking profession's activities. Its meaning. - The prohibition on a bank supplying a tCivil Matters — Volume 11 · Source page ٢١١
  44. Principle 1089Bank transfer or remittance. One of the most prominent forms of payment through accounting entries. It must be effected by a written order from the customer. The transfer order may not be made to bearer. Reason therefor:Civil Matters — Volume 11 · Source page ٢١١
  45. Principle 1090The broker’s entitlement to his remuneration upon completion of the transaction. Its condition. Conclusion of the transaction as a result of his efforts and mediation. Assessment thereof. Among the factual matters indepeCivil Matters — Volume 11 · Source page ٢١١
  46. Principle 1091Determining the existence or absence of agency in contracting and the existence of custom. Within the authority of the court of merits. The condition for this is that its judgment be based on sound reasons leading to theCivil Matters — Volume 11 · Source page ٢١١
  47. Principle 1093Maintenance of a wife or relative under the Ja'fari school has no exhaustive list of categories. The determining consideration is the necessities of life a person needs for his livelihood. Its implication: it varies in kCivil Matters — Volume 11 · Source page
  48. Principle 1094The cause of action. It is the source of the obligation, not the evidence supporting it. Proof of the obligation:Civil Matters — Volume 11 · Source page
  49. Principle 1096The principle that the creditor is charged with proving the debt and the debtor is charged with proving discharge thereof. Its field of application is where the creditor demands that the debtor specifically perform his oCivil Matters — Volume 11 · Source page
  50. Principle 1098An obligation does not arise against a person except through his acknowledgment or evidence enforceable against him. - A private instrument does not acquire its evidentiary force and is not deemed evidence against the peCivil Matters — Volume 11 · Source page
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