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. - الشرط والأجل

    Principle 1217Stipulation for the benefit of a third party. Its nature. Articles 205, 206 of the Civil Code. An example of what does not constitute a stipulation for the benefit of a third party.Civil Matters — Volume 11 · Source page ٢٣٢
  2. Principle 1219A person contracting on his own behalf may assume obligations whose performance he undertakes for a third party. Effect thereof. The beneficiary of the stipulation may enforce his right by a direct action.Civil Matters — Volume 11 · Source page ٢٣٢
  3. Principle 1220Obtaining a payment order. Condition. The debt must be a sum of money established in writing, of a specified amount, and due for payment. Absence of any of these conditions. Effect. Recourse to it is impermissible. ReasoCivil Matters — Volume 11 · Source page ٢٣٢
  4. Principle 1221Stipulation for the benefit of a third party. Its nature. An agreement by a person contracting on his own behalf with his counterparty that the latter shall undertake certain obligations which he promises to perform for Civil Matters — Volume 11 · Source page ٢٣٣
  5. Principle 1222The debtor's making its obligation subject to a term. Its implication. The creditor's right to request the fixing of a suitable time for performance. Its effect. The court fixes that time taking account of the debtor's cCivil Matters — Volume 11 · Source page ٢٣٣
  6. Principle 1223The injured party in liability insurance. Is not considered the beneficiary for whose benefit insurance is taken out. The reason for this: the insured does not stipulate for the benefit of the injured party but for his oCivil Matters — Volume 11 · Source page ٢٣٣
  7. Principle 1224A debt deferred until the debtor has sufficient means or is able to pay. The court may fix an appropriate date for its payment. The condition for this: consideration of his circumstances, his present and future resourcesCivil Matters — Volume 11 · Source page ٢٣٣
  8. Principle 1225The injured party's direct recourse against the insurer outside the case of compulsory insurance against liability arising from motor vehicle accidents. Its condition. The insurance policy must contain a stipulation for Civil Matters — Volume 11 · Source page ٢٣٣
  9. Principle 1226The legislature prohibited—in the event of the death of the beneficiary of an exemption from instalments for government houses—disposal of the government house or residential plot before the youngest child reaches the agCivil Matters — Volume 11 · Source page ٢٣٤
  10. Principle 1227The provisions of the Civil Code. Their lack of a provision establishing a direct right for the injured party to claim compensation from the insurer. Its consequence. The injured party may not seek compensation directly Civil Matters — Volume 11 · Source page ٢٣٤
  11. Principle 1228The worker’s waiver of the remainder of his entitlements, conditional upon the Public Authority for Compensation not paying the entitlements of members of the Fellowship Fund. His failure to submit proof of fulfilment ofCivil Matters — Volume 11 · Source page ٢٣٤
  12. Principle 1229A person contracting on his own behalf. He may agree with the person with whom he contracts that the latter shall assume specified obligations which he undertakes to perform for a third person, the beneficiary or recipieCivil Matters — Volume 11 · Source page ٢٣٤
  13. Principle 1230The agreement concluded between the stipulator and the beneficiary governs their relationship in a stipulation for the benefit of a third party. If the agreement is a gift, the beneficiary is not obliged to render anythiCivil Matters — Volume 11 · Source page ٢٣٤
  14. Principle 1231A person who contracts with himself. He may agree with the party contracting with him that he shall assume certain obligations which he undertakes to perform for a third-party beneficiary. The latter may be a person not Civil Matters — Volume 11 · Source page ٢٣٥
  15. Principle 1232The injured party's direct recourse against the insurer outside the case of compulsory insurance. Its condition: the insurance policy must contain a stipulation for the benefit of a third party pursuant to Articles 205, Civil Matters — Volume 11 · Source page ٢٣٥
  16. Principle 1233Stipulation for the benefit of a third party. What it permits a person to do when contracting on his own behalf and the consequences thereof. - The beneficiary of a contract containing a stipulation. He may be a person aCivil Matters — Volume 11 · Source page ٢٣٥
  17. Principle 1234A right subject to a term. A right fully in existence, whose enforceability follows upon expiry of the term. The consequence: an obligation subject to a term, before that term expires, is not due for performance unless tCivil Matters — Volume 11 · Source page ٢٣٥
  18. Principle 1235Stipulation for the benefit of a third party. What it permits a person to do when contracting on his own behalf and the consequences thereof. - The beneficiary of a contract containing a stipulation. He may be a person nCivil Matters — Volume 11 · Source page ٢٣٥
  19. Principle 1236Stipulation for the benefit of a third party. What it permits a person, when contracting for himself, to assume by way of certain obligations which he undertakes to perform for a third party who is the beneficiary. The cCivil Matters — Volume 11 · Source page ٢٣٦
  20. Principle 1237A person contracting on his own behalf. He may agree with his contracting counterparty that the latter shall assume specified obligations which he undertakes to perform for a third party, who is the beneficiary or recipiCivil Matters — Volume 11 · Source page ٢٣٦

  21. - التضامن

    Principle 1238A right subject to a suspensive term. Is a fully existing right. Its enforceability depends on the arrival of the term, even if the time of its occurrence is unknown. The prescribed period for barring the hearing of an aCivil Matters — Volume 11 · Source page ٢٣٦
  22. Principle 1240A joint and several obligation. Its nature and effects. Example. - The existence of tortious liability for particular damage on the part of one person does not preclude contractual liability on the part of another for thCivil Matters — Volume 11 · Source page ٢٣٧
  23. Principle 1241A judgment rendered against one of the joint and several debtors may not be invoked against the others, and a judgment rendered against one of the debtors is not binding on the joint and several guarantor so long as he wCivil Matters — Volume 11 · Source page ٢٣٧
  24. Principle 1242A judgment rendered in favor of the principal debtor benefits the joint and several surety. Joining the joint and several surety in a subsequent action. Does not affect the identity of the parties between it and the firsCivil Matters — Volume 11 · Source page ٢٣٧
  25. Principle 1243Bringing an action against defendants jointly and severally - Each is considered independent of the other in the proceedings.Civil Matters — Volume 11 · Source page ٢٣٧
  26. Principle 1244The liability of a partner in a limited liability company is limited to the amount of his contributions to the capital. Claiming a company debt from the partner. Inadmissible for lack of standing. The meaning of joint anCivil Matters — Volume 11 · Source page ٢٣٧
  27. Principle 1245The owner of the new car causing an accident without holding a driving license and before the vehicle license is transferred to him. The insurer may have recourse against him and the former owner, jointly and severally, Civil Matters — Volume 11 · Source page ٢٣٨
  28. Principle 1246Solidarity among creditors or debtors. Is not presumed and exists only by agreement or statutory provision, subject to commercial rules. - There is no joint and several liability between a company conducting trade or indCivil Matters — Volume 11 · Source page ٢٣٨
  29. Principle 1247Under Article 30 of Law 6 of 1961 AD, where there are multiple persons liable for blood money or compensation, they are jointly and severally liable among themselves, regardless of the source of each one’s obligation. ThCivil Matters — Volume 11 · Source page ٢٣٨
  30. Principle 1248A jointly and severally liable surety. He may not plead that recourse must first be sought against the debtor, nor that the debtor's assets must first be exhausted. If he pays the debt, he may seek recourse against the rCivil Matters — Volume 11 · Source page ٢٣٨
  31. Principle 1249Banning a jointly and severally liable surety from travel. Permissible. If the conditions prescribed in Article 297 of the Law of Procedure are met. The basis for this.Civil Matters — Volume 11 · Source page ٢٣٨
  32. Principle 1250Profits of companies in which other companies hold shares. Income belonging to the company subject to tax, and income for shareholders after distribution. Tax on these profits. Preventing double taxation by treating entiCivil Matters — Volume 11 · Source page ٢٣٨
  33. Principle 1251The former owner of the vehicle is jointly and severally liable with its new owner to the insurer for the amount of compensation it paid - 238 - Obligation to the injured party where the vehicle’s driver committed the acCivil Matters — Volume 11 · Source page ٢٣٨
  34. Principle 1252A judgment rendered against one of the debtors liable in solidum. Does not have effect against the others. If rendered in favour of one of them, the others benefit from it unless it is based on a ground specific to the dCivil Matters — Volume 11 · Source page ٢٣٩
  35. Principle 1253Transfer of ownership of the insured thing to a particular successor. Meaning. Transfer of the insurance contract with the thing to that successor. Basis and effect thereof. Article 802/1, Civil Code. - The former owner Civil Matters — Volume 11 · Source page ٢٣٩
  36. Principle 1254Transfer of ownership of the insured thing to a particular successor. Its effect. - Disposal by the former owner of the insured car. Its effect. His being considered a third party in relation to the insurance contract. HCivil Matters — Volume 11 · Source page ٢٣٩
  37. Principle 1255A plurality of debtors for a single debt gives rise to their joint and several liability. Effect thereof. Each is liable for the same debt and for the entire debt, and the creditor may demand the whole of it from any of Civil Matters — Volume 11 · Source page ٢٣٩
  38. Principle 1256The former owner's joint and several liability with the new owner of the vehicle toward the insurer for the amount of compensation it may have paid to the injured person where the accident occurs before transfer of the vCivil Matters — Volume 11 · Source page ٢٣٩
  39. Principle 1257Unity of the debt with multiple debtors liable for it on the basis of multiple sources gives rise to their concurrent liability, not their joint and several liability. The effect of this. Each is liable for the same debtCivil Matters — Volume 11 · Source page ٢٤٠
  40. Principle 1258The former owner of the vehicle is jointly and severally liable with its new owner for payment of the compensation paid by the insurer to the injured party. Liability of the new owner alone as custodian. No scope for it.Civil Matters — Volume 11 · Source page ٢٤٠
  41. Principle 1259The papers of a limited liability company must include particulars leaving no doubt as to its type, identity, and capital. Omission of these particulars. Does not entail nullity of the company, but entails its manager's Civil Matters — Volume 11 · Source page ٢٤٠
  42. Principle 1260The relative effect of procedural acts in litigation. Its consequence. An appeal benefits only the person who files it and may be invoked only against the person against whom it is filed, and the failure of some judgmentCivil Matters — Volume 11 · Source page ٢٤٠
  43. Principle 1261The owner of the new car committing an accident without holding a driving license and before the car’s license is transferred to him. The insurer may have recourse against him and the former owner, jointly and severally,Civil Matters — Volume 11 · Source page ٢٤٠
  44. Principle 1262Debtors’ liability in solidum accords with their joint and several liability in granting the creditor the right to claim the entire debt against all of them or one of them. Effect thereof. A judgment imposing liability iCivil Matters — Volume 11 · Source page ٢٤٠
  45. Principle 1263Withdrawal from any of those obligated for the entire debt. A right of the creditor of a commercial debt. Its basis. Their joint and several liability for the debt unless the law or agreement provides otherwise.Civil Matters — Volume 11 · Source page ٢٤١
  46. Principle 1264The insurer under compulsory motor accident insurance and the person liable. Their obligation concerns the same debt despite the difference in its source. Effect thereof. Their concurrent liability in discharging it. PayCivil Matters — Volume 11 · Source page ٢٤١
  47. Principle 1265The surety’s joint and several liability with the debtor. Its effect. The creditor may claim the debt from the surety alone. - The creditor is not obliged to join the debtor as a party to the action when suing the suretyCivil Matters — Volume 11 · Source page
  48. Principle 1266A joint and several surety. He may not plead that recourse must first be had against the debtor or that the debtor's assets must first be exhausted, and if he pays the debt, he may have recourse against the remaining surCivil Matters — Volume 11 · Source page
  49. Principle 1267Issuance of a judgment concerning a joint and several obligation. Effect thereof. The parties against whom judgment was rendered who missed the time limit for challenging it or accepted it may challenge it during consideCivil Matters — Volume 11 · Source page
  50. Principle 1269The particulars that the documents of a limited liability company must bear. Their purpose. Their absence. Its effect: its manager's joint and several liability toward third parties out of his own assets. The condition fCivil Matters — Volume 11 · Source page
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