المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. إثبات الالتزام

    Principle 1099The basic rule of evidence is that the creditor must prove the obligation and the debtor must prove discharge thereof.Civil Matters — Volume 11 · Source page ٢١٣
  2. Principle 1100Difference in the arbitrators’ opinions concerning discord between the spouses or identifying which of them is at fault in order to allocate the financial obligations arising from separation. Effect thereof. The court muCivil Matters — Volume 11 · Source page ٢١٣
  3. Principle 1101The issuer's signature on the instrument. Necessary consequence. His obligation to pay its value even if the cause of the indebtedness is not mentioned with it. Reason: the presumption that it has a lawful cause unless eCivil Matters — Volume 11 · Source page ٢١٣
  4. Principle 1102Proof of the obligation. Falls upon the creditor, and the debtor must prove discharge from it. The basis for this.Civil Matters — Volume 11 · Source page ٢١٣
  5. Principle 1103The obligation of the real estate registration authority and the administrative committees formed by the Chairman of the Municipal Council to adjudicate ownership claims to comply with the procedures prescribed in Laws 5Civil Matters — Volume 11 · Source page ٢١٣
  6. Principle 1104The court's obligation to examine a challenge alleging absolute simulation. Its condition: that it be explicit in its meaning, on the basis that the apparent contract has no existence in reality. Merely challenging on grCivil Matters — Volume 11 · Source page ٢١٤
  7. Principle 1105Standing in an action. Its existence in the claimant whenever he is the holder of the right sought therein, if the defendant's obligation in respect thereof is established. Its determination. A matter of fact. The conditCivil Matters — Volume 11 · Source page ٢١٤
  8. Principle 1106The burden of proving the obligation. Falls upon the creditor. The debtor may prove discharge therefrom. Article 1 of the Evidence Law. - A representative’s statement in court admitting a fact alleged by his principal’s Civil Matters — Volume 11 · Source page ٢١٤
  9. Principle 1107Proof of the obligation. It rests upon the creditor. The debtor may prove discharge thereof. - Failure to establish the claimed right by legally recognized evidence. Its effect. Treating it as equivalent to nonexistence.Civil Matters — Volume 11 · Source page ٢١٤
  10. Principle 1108Proof of the obligation. Incumbent on the creditor. The debtor must prove discharge therefrom. The basis thereof.Civil Matters — Volume 11 · Source page ٢١٤
  11. Principle 1109Real Estate Registration Law promulgated by Decree No. 5 of 1959. Following its issuance, ownership does not transfer between the persons concerned or in relation to others except by registration. The legislature's grantCivil Matters — Volume 11 · Source page ٢١٤
  12. Principle 1113Giving the debtor formal notice before seeking compensation. Not necessary. Article 216 of the former Commercial Law.Civil Matters — Volume 11 · Source page ٢١٥
  13. Principle 1115A partner's obligation to perform the work he contributed as a share in the company is a continuing obligation. The effect thereof.Civil Matters — Volume 11 · Source page ٢١٥
  14. Principle 1116In contracts binding on both parties, the creditor has the right to confine himself to refraining from performing his obligation if the other contracting party has not fulfilled what he undertook, and the two obligationsCivil Matters — Volume 11 · Source page ٢١٥
  15. Principle 1117A contracting party's breach of its obligation giving rise to contractual liability. A matter of fact whose assessment is within the sole discretion of the trial court.Civil Matters — Volume 11 · Source page ٢١٥
  16. Principle 1118An obligation that arises as possible and then becomes impossible due to an external cause is extinguished, and the corresponding obligations are extinguished with it. - 215 - ObligationCivil Matters — Volume 11 · Source page ٢١٥
  17. Principle 1119The defense of non-performance of an obligation in contracts binding on both parties. Its effect. And the limits governing its exercise.Civil Matters — Volume 11 · Source page ٢١٦
  18. Principle 1120Reciprocal contractual obligations. Their performance is linked on a reciprocal basis.Civil Matters — Volume 11 · Source page ٢١٦
  19. Principle 1121The subject matter of an obligation may be a fungible or a non-fungible thing. The nature of a fungible thing and a non-fungible thing. The same thing may be fungible or non-fungible according to the intention of the perCivil Matters — Volume 11 · Source page ٢١٦
  20. Principle 1123The obligation to render a specified thing under the former Commercial Law. Refusal to perform it. Its condition.Civil Matters — Volume 11 · Source page ٢١٦
  21. Principle 1124Establishment of breach of the obligation to transfer ownership of the sold real property by reselling it to another. A ruling ordering rescission and compensation. Does not vitiate the judgment where its determination fCivil Matters — Volume 11 · Source page ٢١٦
  22. Principle 1126What is meant by the subject matter of the obligation being of a known amount at the time the obligation arises within the meaning of Article 110 of the current Commercial Code.Civil Matters — Volume 11 · Source page ٢١٦
  23. Principle 1128Treating rescission as suspensive in a contract binding on both parties by reason of impossibility of its performance pursuant to Article 215, Civil Code. Does not negate the debtor’s liability for compensation if the imCivil Matters — Volume 11 · Source page ٢١٦
  24. Principle 1129The creditor's entitlement to compensation for delay in performance of the obligation. Condition. Formal notice to the debtor.Civil Matters — Volume 11 · Source page ٢١٧
  25. Principle 1131The contracting parties agreeing in advance on the amount of compensation due to the creditor for the debtor’s breach of his obligation. Presumption that damage equal to their assessment has occurred. Exemption of the crCivil Matters — Volume 11 · Source page ٢١٧
  26. Principle 1132Considering a contracting party to be in default or not in default in performing his obligation. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page ٢١٧
  27. Principle 1133Default interest. Compensation for the debtor's delay in fulfilling the obligation. It becomes due as soon as the debt falls due, whether statutory or contractual. - The creditor's claim for supplementary compensation inCivil Matters — Volume 11 · Source page ٢١٧
  28. Principle 1134Determining whether or not a contracting party has performed his obligation. A matter of fact within the trial court's independent authority. Its condition.Civil Matters — Volume 11 · Source page ٢١٧
  29. Principle 1135The principle is performance of the obligation in kind. The debtor’s offer to perform his obligation in kind. Its effect. The creditor may not refuse it while insisting on compensation. The rationale for this.Civil Matters — Volume 11 · Source page ٢١٧
  30. Principle 1137The creditor’s demand that the debtor be ordered to compensate him for damage suffered because of failure to perform the obligation in kind or delay therein. Its condition. The debtor’s inability to prove that non-perforCivil Matters — Volume 11 · Source page ٢١٧
  31. Principle 1139The general rule is that an obligation to pay a sum of money is discharged in the national currency unless payment in foreign currency is agreed. The provision in Article Five of the Amiri Order issued on 3/8/1990 that aCivil Matters — Volume 11 · Source page ٢١٨
  32. Principle 1140Statutory interest: its accrual from the time the debt falls due. Its criterion. - Statutory interest. Its nature: compensation for delay in discharging an obligation for a monetary sum.Civil Matters — Volume 11 · Source page ٢١٨
  33. Principle 1141Reciprocal obligations. Due for performance at the same time. Example concerning a supply contract. - Delay in paying a commercial debt on its due date entails damage merely upon its occurrence. Example concerning the acCivil Matters — Volume 11 · Source page ٢١٨
  34. Principle 1142Awarding statutory interest from the due date of a commercial debt. Its criterion: the amount of the monetary obligation must be known at the time it arises; otherwise interest runs from the date of the final judgment. ECivil Matters — Volume 11 · Source page ٢١٨
  35. Principle 1143The court of merits has full authority to consider a contracting party to be in default or not in default in performing his obligation, as it deems appropriate in light of the evidence. An example. - 218 - ObligationCivil Matters — Volume 11 · Source page ٢١٨
  36. Principle 1144The creditor's formal notice to the debtor. Necessary for the creditor's entitlement to compensation for the debtor's delay in performing the obligation. Impossibility of performing the obligation or such performance beiCivil Matters — Volume 11 · Source page ٢١٩
  37. Principle 1145Failure by one party to a contract binding on both parties to perform his contractual obligation. Its effect. Compensation of the other injured party.Civil Matters — Volume 11 · Source page ٢١٩
  38. Principle 1146Failure by one contracting party in a contract binding on both parties to perform his obligation when it falls due. Its effect. The other contracting party may request the judge to rescind the contract after serving formCivil Matters — Volume 11 · Source page ٢١٩
  39. Principle 1147Administrative contracts. They must be performed in a manner consistent with the requirements of good faith. Their distinctive character is based on the needs of the public service whose operation the contract seeks to eCivil Matters — Volume 11 · Source page ٢١٩
  40. Principle 1148Statutory interest. Its nature: compensation payable by the debtor upon delay in performing the obligation to pay a sum of money, merely upon the debt becoming due, without any need to prove damage to the creditor. ReasoCivil Matters — Volume 11 · Source page ٢١٩
  41. Principle 1149Transfer of ownership of immovable property. Its postponement until registration has occurred and from its date. Its effect. Registration is decisive. Its consequence. Priority of the registered contract over the earlierCivil Matters — Volume 11 · Source page ٢١٩
  42. Principle 1150Action for the validity and enforceability of a sale contract. Its purpose. Specific performance of the seller's obligations and obtaining a judgment whose registration takes the place of the contract in transferring ownCivil Matters — Volume 11 · Source page ٢٢٠
  43. Principle 1151Considering a contracting party to be in default or not in default in performing his obligations. Within the authority of the court of merits. The condition thereof. That it bases this on reasonable considerations.Civil Matters — Volume 11 · Source page ٢٢٠
  44. Principle 1152The creditor’s right to attach his debtor’s assets in satisfaction of his rights. Arises fundamentally from those rights. Cases in which an order must be obtained from the judge of interim matters for attachment to be peCivil Matters — Volume 11 · Source page ٢٢٠
  45. Principle 1153An express resolutory condition. Requires rescission without any discretionary authority for the judge, and the debtor cannot avert it by performing his obligation after the breach has occurred. The judge's judgment in tCivil Matters — Volume 11 · Source page ٢٢٠
  46. Principle 1154The debtor's failure to perform a contractual obligation. A fault giving rise to liability, and the injured party bears the burden of proving harm. - 220 - Obligation - Inferring the existence or absence of harm warrantiCivil Matters — Volume 11 · Source page ٢٢٠
  47. Principle 1156Conclusion of a contract or legal disposition under physical or moral duress. It is absolutely null and void and unenforceable. This may be established by all means of proof.Civil Matters — Volume 11 · Source page
  48. Principle 1157Judicial authorization to engage another contractor to execute the work. Its condition. The employer’s desire for performance of the obligation in kind. There is no place for such authorization in the case of performanceCivil Matters — Volume 11 · Source page
  49. Principle 1158Service of the enforceable instrument. Its purpose. Informing the debtor of the creditor’s right to compulsory enforcement. The reason for this. - Requiring the debtor to perform. Its purpose. Alerting the debtor to the Civil Matters — Volume 11 · Source page
  50. Principle 1159The debtor's failure to perform its contractual obligation. A fault giving rise to its liability, which it can avert only by proving that non-performance is attributable to force majeure, an external cause, or the fault Civil Matters — Volume 11 · Source page
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