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. إثبات الالتزام

    Principle 1160A natural obligation. Its suitability as the cause of a civil obligation. What is meant thereby. The debtor’s undertaking of a natural obligation which he knows he is not compelled to perform. The obligation is validly cCivil Matters — Volume 11 · Source page ٢٢١
  2. Principle 1161The debtor’s failure to perform his obligation. The creditor may seek judicial authorization to perform it at the debtor’s expense. Its effect. If the employer finds that the contractor is performing his obligation defecCivil Matters — Volume 11 · Source page ٢٢٢
  3. Principle 1162The mother's lack of entitlement to breastfeeding remuneration during the subsistence of marriage or during the waiting period following revocable or irrevocable divorce. The reason for this: the husband is obliged to maCivil Matters — Volume 11 · Source page ٢٢٢
  4. Principle 1163It is impermissible to combine the dwelling itself and its rent in cash at the same time. The general rule is performance of the obligation in kind. Provision of the dwelling by the person liable for maintenance. Its impCivil Matters — Volume 11 · Source page ٢٢٢
  5. Principle 1164The principle is performance of the obligation in kind. Impossibility of performance in kind or the debtor’s procrastination in performance. The creditor has the right to request performance by payment of the monetary eqCivil Matters — Volume 11 · Source page ٢٢٢
  6. Principle 1165The 2 appellants’ bringing their action claiming an amount on the basis of the female respondent’s acknowledgment in the notarized contract. Its implication. The action is in truth a claim for performance of the obligatiCivil Matters — Volume 11 · Source page ٢٢٢
  7. Principle 1166The papers contain no evidence of fault by the first respondent that prevented the second appellant's possession of the chalet. His mere assertion of the nullity of the assignment contract for duress and its forgery. DoeCivil Matters — Volume 11 · Source page ٢٢٢
  8. Principle 1167An action for the validity and enforceability of a sale contract. It is ultimately an action to establish title. Its purpose is specific performance of the seller’s obligations that would transfer ownership to the purchaCivil Matters — Volume 11 · Source page ٢٢٣
  9. Principle 1168The seller’s obligation to warrant against interference with the purchaser’s enjoyment. A perpetual obligation arising from the contract of sale immediately upon its conclusion, even if unregistered. This obligation passCivil Matters — Volume 11 · Source page ٢٢٣

  10. تنفيذ الالتزام في العقود الإدارية

    Principle 1170An action for the validity and enforceability of a sale contract. It is ultimately an action to establish title. Its purpose is the specific performance of the seller's obligations that would transfer ownership to the puCivil Matters — Volume 11 · Source page ٢٢٣

  11. الدفع بعدم التنفيذ والحق في الحبس

    Principle 1171The administrative authority has the power to impose contractual sanctions on the party contracting with it if that party fails to perform its obligations, whether by wholly refraining from performance or by delaying it.Civil Matters — Volume 11 · Source page ٢٢٤
  12. Principle 1175The right of retention. It is a defense of non-performance. - The judge's recognition of a litigant's right of retention does not prevent him from awarding what his opponent seeks, provided that he makes his judgment conCivil Matters — Volume 11 · Source page ٢٢٤
  13. Principle 1176A contracting party’s right to refrain from performing his obligation if the other contracting party does not perform what he undertook. A general rule applicable to both parties to a contract for works. - 224 - ObligatiCivil Matters — Volume 11 · Source page ٢٢٤
  14. Principle 1177The defence of non-performance in bilateral contracts. Its nature, the condition for invoking it, and its effect on reciprocal obligations. Assessment of its rules. Within the authority of the court of fact.Civil Matters — Volume 11 · Source page ٢٢٥
  15. Principle 1178The defence of non-performance and the right of retention. Means of inducing the debtor to perform its obligations. Conditions thereof: good faith and absence of abuse in exercising the right.Civil Matters — Volume 11 · Source page ٢٢٥
  16. Principle 1179Force majeure by which an obligation is extinguished. It must render performance of the obligation absolutely impossible. Temporary impossibility does not extinguish the obligation. Its effect is confined to suspending iCivil Matters — Volume 11 · Source page ٢٢٥
  17. Principle 1180Impossibility of performance due to force majeure resulting in automatic dissolution of the contract and extinction of the obligations arising from it. Its scope. The contract must be subsisting at the time the external Civil Matters — Volume 11 · Source page ٢٢٥
  18. Principle 1181Reciprocal obligations under a contract binding on both parties. Due for performance at the same time. The effect thereof. Each contracting party may refrain from performing his obligation if the other contracting party Civil Matters — Volume 11 · Source page ٢٢٥
  19. Principle 1182Entitlement to salary. Its condition. Performance of the agreed work. A contractual provision obliging the party wishing to terminate it to notify the other party thereof at least three months in advance, counted as partCivil Matters — Volume 11 · Source page ٢٢٥
  20. Principle 1183Considering an event force majeure. Condition: impossibility of foreseeing it and impossibility of averting it. Assessment thereof. A matter for the trial court. Example.Civil Matters — Volume 11 · Source page ٢٢٦
  21. Principle 1184Whether or not a contracting party is regarded as having defaulted in performing his obligation. Within the trial court’s authority.Civil Matters — Volume 11 · Source page ٢٢٦
  22. Principle 1185The defence of non-performance. Its basis. Connection and reciprocity in contracts binding on both parties. The arising of each party's obligation from a separate contract precludes invoking it in another contract. - TheCivil Matters — Volume 11 · Source page ٢٢٦
  23. Principle 1186The defense of non-performance of the contract. Its implication: either contracting party may refrain from fulfilling the obligations imposed on it by the contract, even if due for performance, until the other contractinCivil Matters — Volume 11 · Source page ٢٢٦
  24. Principle 1187The defense of non-performance of an obligation and the right of retention. What limits them. Good faith in performance of the obligation and avoidance of abuse. For either right to be exercised, there must be a correspoCivil Matters — Volume 11 · Source page ٢٢٦
  25. Principle 1188The creditor’s retention of the debtor’s property in his possession. Its effect. Interruption of the limitation period and continuation of that interruption so long as the property remains in the possession of the retainCivil Matters — Volume 11 · Source page ٢٢٦
  26. Principle 1189A contracting party in breach of performance of its obligation under a contract may not invoke the defence of non-performance on the ground that its opponent breached performance of its obligation under another contract.Civil Matters — Volume 11 · Source page ٢٢٧
  27. Principle 1190Each contracting party, in reciprocal obligations that are due, has the right to plead non-performance of his obligation if the other contracting party fails to perform his obligation, and may withhold what he is bound tCivil Matters — Volume 11 · Source page ٢٢٧
  28. Principle 1191Reciprocal obligations due for performance. Each contracting party’s right to raise the defense of non-performance or to withhold what he is obliged to render to the other contracting party. The condition for this: the oCivil Matters — Volume 11 · Source page ٢٢٧
  29. Principle 1192Performance of the contract shall be in accordance with its contents and consistently with good faith and honorable dealing. - Reciprocal obligations in a contract binding on both parties. Due for performance at the sameCivil Matters — Volume 11 · Source page ٢٢٧
  30. Principle 1193The right of retention is among the means by which the creditor seeks to induce the debtor to perform his obligation. The condition thereof: adherence to the requirements of good faith and avoidance of abuse. Invoking thCivil Matters — Volume 11 · Source page ٢٢٨

  31. تدخل القاضي لرد الالتزام إلى الحد المعقول

    Principle 1194Agreement on an express termination clause. Does not prevent the trial court from assessing the existence of its grounds, the circumstances precluding its operation, and all disputes relating to it. Establishment that thCivil Matters — Volume 11 · Source page ٢٢٨
  32. Principle 1195The doctrine of exceptional circumstances. Conditions for its application. And its effect on the obligation. The authority it gives the judge, at the debtor’s request, to reduce the onerous obligation to a reasonable levCivil Matters — Volume 11 · Source page ٢٢٨
  33. Principle 1196The judge's intervention to reduce the obligation to a reasonable level. Article 198, Civil Code. A discretionary power. Its conditions. Their assessment. Within the authority of the trial court.Civil Matters — Volume 11 · Source page ٢٢٩
  34. Principle 1197Reduction of an onerous obligation to a reasonable level. A discretionary power of the trial judge. Conditions for its exercise. - Assessment of the extent of hardship suffered by the debtor as a result of the superveninCivil Matters — Volume 11 · Source page ٢٢٩
  35. Principle 1198The doctrine of unforeseen circumstances. The prerequisite for application is that, after conclusion of the contract and before completion of performance of the obligation arising therefrom, an exceptional event of a genCivil Matters — Volume 11 · Source page ٢٢٩
  36. Principle 1199Assessing whether the exceptional event was foreseeable or unforeseeable, its effect on the disputed transaction, and whether performance of the obligation is onerous. Falls within the authority of the court of merits. TCivil Matters — Volume 11 · Source page ٢٢٩
  37. Principle 1200The judge of merits may reduce an onerous obligation to a reasonable level. Where this is attributable to exceptional circumstances. The basis thereof. - Assessment of whether performance of the obligation is onerous or Civil Matters — Volume 11 · Source page ٢٢٩
  38. Principle 1201The criterion for applying the doctrine of supervening circumstances is that the delay in performing the obligation until after the occurrence of the supervening event must not be attributable to the debtor’s fault. The Civil Matters — Volume 11 · Source page ٢٢٩
  39. Principle 1202A litigant's request to reduce his obligation to a reasonable limit. The judgment's determination of this request without addressing matters mentioned in the statement of claim, including impossibility of performing the Civil Matters — Volume 11 · Source page ٢٣٠

  40. - الشرط والأجل

    Principle 1203The occurrence of an exceptional event of a general nature that was neither contemplated nor foreseeable, after conclusion of the contract and before completion of performance of the obligation arising therefrom, resultiCivil Matters — Volume 11 · Source page ٢٣٠
  41. Principle 1205The State’s sale of a plot to an individual to erect a private dwelling thereon. A civil act in respect of both parties. Restricting the purchaser’s right to dispose of the plot. And any building erected thereon during tCivil Matters — Volume 11 · Source page ٢٣٠
  42. Principle 1206Condition and term. Two qualifications of an obligation. The differing constituent elements of each. The nature of each. When a condition is suspensive.Civil Matters — Volume 11 · Source page ٢٣٠
  43. Principle 1207Suspensive condition. Its implication. Its effect on the creditor's right to take enforcement measures to compel satisfaction of his right.Civil Matters — Volume 11 · Source page ٢٣٠
  44. Principle 1208An obligation subject to a suspensive condition. When the condition is deemed fulfilled even if it has not actually occurred. Fraud or fault - 230 - Obligation by the debtor to prevent its fulfillment. Compensation thereCivil Matters — Volume 11 · Source page ٢٣٠
  45. Principle 1209A suspensive condition is one upon whose fulfilment the existence of the obligation depends. - A condition dependent on the will of one party to the obligation and the will of a third party. A valid condition. The reasonCivil Matters — Volume 11 · Source page ٢٣١
  46. Principle 1210Deferring performance of the obligation until the debtor carries out an act dependent on his will. The creditor’s right to request the setting of a reasonable period by the judge or to call upon the debtor to carry out tCivil Matters — Volume 11 · Source page ٢٣١
  47. Principle 1211The injured party's direct recourse against the insurer outside the case of compulsory motor vehicle insurance. Its condition. The insurance policy must contain a stipulation for the benefit of a third party.Civil Matters — Volume 11 · Source page
  48. Principle 1212The relationship of the insured with the person he designates as a document in the insurance contract is governed by the rules of stipulation for the benefit of a third party. The effect thereof. A contracting party may Civil Matters — Volume 11 · Source page
  49. Principle 1213A contracting party's assumption, upon contracting, of obligations which he undertakes to perform for a third party. The third party may seek recourse for them by a direct action. - Usufruct. Its definition. A principal Civil Matters — Volume 11 · Source page
  50. Principle 1216Stipulation for the benefit of a third party. What it permits a person when contracting on his own behalf and the consequences thereof. - The beneficiary under a stipulation contract may be a person not individually idenCivil Matters — Volume 11 · Source page
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