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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    Principle 1271The particulars that the documents of a limited liability company must bear. The sanction for their omission. Liability of the company’s managers towards third parties out of their personal assets. The condition for recoCivil Matters — Volume 11 · Source page ٢٤٢
  2. Principle 1272Transfer of the rights and obligations arising from the insurance contract to the person to whom ownership of the vehicle has passed, with the former owner remaining jointly and severally liable with the new owner for coCivil Matters — Volume 11 · Source page ٢٤٢
  3. Principle 1273Issuance of a judgment on an indivisible subject matter, a joint and several obligation, or an action in which the law requires specified persons to be joined. Any of them who has missed the time limit for appeal must apCivil Matters — Volume 11 · Source page ٢٤٢
  4. Principle 1274Damage resulting from multiple faults by numerous persons, with each person's fault contributing to the damage. Their joint and several liability toward the injured party for full compensation. Within their relationship Civil Matters — Volume 11 · Source page ٢٤٢
  5. Principle 1275Assignment of debt. Its definition: an agreement to transfer the debt from the liability of the original debtor to that of a new debtor. By it, the original debtor is discharged. It may be concluded between the creditor Civil Matters — Volume 11 · Source page ٢٤٣
  6. Principle 1276Opening a bank account for multiple persons with active solidarity among them, whether an ordinary or current account. Its effect. Each of them has the full right over the account vis-à-vis the bank as if it were registeCivil Matters — Volume 11 · Source page ٢٤٣
  7. Principle 1277The determining factor in requiring the joinder of the remaining judgment debtors in an appeal against a judgment rendered on a joint and several obligation is the true intent of the claims submitted, not the words in whCivil Matters — Volume 11 · Source page ٢٤٣
  8. Principle 1278The sources of an obligation may be multiple while its subject matter remains one. Its effect. The existence of multiple creditors in respect of a single debt; the creditor may claim against any debtor among them or brinCivil Matters — Volume 11 · Source page ٢٤٣
  9. Principle 1279The relative effect of procedural measures. Its implication. An appeal benefits only the person who filed it and may be invoked only against the person against whom it was filed within the time limit. - Actions whose subCivil Matters — Volume 11 · Source page ٢٤٣
  10. Principle 1280Multiplicity of persons liable for an unlawful act. Effect. Each is jointly and severally liable for compensation. Apportionment of the burden of liability among them in proportion to each one's fault in causing the damaCivil Matters — Volume 11 · Source page ٢٤٤
  11. Principle 1281Joint and several liability and concurrent liability of debtors coincide in the multiplicity of legal relationships and unity of subject matter. A distinction in the unity of the source of each jointly and severally liabCivil Matters — Volume 11 · Source page ٢٤٤
  12. Principle 1282The creditor may pursue the joint and several debtors together or any of them individually. An example.Civil Matters — Volume 11 · Source page ٢٤٤
  13. Principle 1283Omission of the particulars of a limited liability company from its papers. Effect thereof. Its managers are jointly and severally liable with it. Article 188/2 of the Commercial Companies Law.Civil Matters — Volume 11 · Source page ٢٤٤
  14. Principle 1284The obligation to pay the broker's remuneration. It falls on whoever authorized him to seek to conclude the transaction. - Several persons authorizing a single broker in a joint undertaking. Its effect. Their joint and sCivil Matters — Volume 11 · Source page ٢٤٤
  15. Principle 1285Compensation for preventing a public utility from providing its services. Its nature and the person obliged to pay it. - The liability of the employer, the main contractor, and the subcontractor is joint and several. - 2Civil Matters — Volume 11 · Source page ٢٤٤
  16. Principle 1286The principle of the relative effect of procedural measures concerning an appeal against a judgment. Its implication. Where there are multiple judgment debtors and only one or some of them appeal the judgment, only the pCivil Matters — Volume 11 · Source page ٢٤٥
  17. Principle 1287A joint and several obligation is one in which there are multiple debtors for a single debt based on multiple sources. The creditor may claim the whole debt from any debtor. - Establishment of one debtor's liability undeCivil Matters — Volume 11 · Source page ٢٤٥
  18. Principle 1288Solidarity among creditors and debtors is not presumed but arises by agreement or a provision of law. Article 341 of the Civil Code. An example of an action for restitution of a payment not due.Civil Matters — Volume 11 · Source page ٢٤٥
  19. Principle 1289Joint and several liability is not presumed. - Decree-Law 3/1955 contains no provision for joint and several liability between commercial or industrial companies and their shareholders for payment of income tax. Its effeCivil Matters — Volume 11 · Source page ٢٤٥
  20. Principle 1290Issuance of a judgment concerning a joint and several obligation. Its effect. Parties against whom judgment was entered who missed the time limit for challenging it or accepted it may challenge it during a challenge brouCivil Matters — Volume 11 · Source page ٢٤٥
  21. Principle 1291The insurer under compulsory motor accident insurance and the liable third party. Their obligation concerns the same debt despite the difference in its source. The effect thereof. Their concurrent liability for its paymeCivil Matters — Volume 11 · Source page ٢٤٦
  22. Principle 1292Joint and several liability of the guarantor with the debtor. Effect thereof. The creditor may demand the debt from the guarantor alone. The guarantor may not resist the demand by requiring prior recourse against the debCivil Matters — Volume 11 · Source page ٢٤٦
  23. Principle 1293Different sources of the debtors' obligation in respect of a single debt. Its effect. All of them are deemed concurrently liable for performance of the obligation. Example concerning the difference between the appellant'Civil Matters — Volume 11 · Source page ٢٤٦
  24. Principle 1294The creditor may claim the entire debt from any of the debtors where the sources of the obligation are multiple. The basis for this. Concurrent liability. Consequence. - The subcontractor and the workers working for the Civil Matters — Volume 11 · Source page ٢٤٦
  25. Principle 1295The absence from the papers of a limited liability company of the particulars specified by the legislature. The resulting joint and several liability of its managers toward third parties against their personal assets. ThCivil Matters — Volume 11 · Source page ٢٤٧
  26. Principle 1296Establishment of a debtor's liability under a joint and several obligation prevents that debtor from benefiting from the other debtor's liability so long as its own liability has been established. - The obligation of theCivil Matters — Volume 11 · Source page ٢٤٧
  27. Principle 1297A judgment rendered in an indivisible matter, in a joint and several obligation, or in an action in which the law requires specified persons to be joined. Expiry of the time limit for appealing it for some of the judgmenCivil Matters — Volume 11 · Source page ٢٤٧
  28. Principle 1298Issuance of a judgment obliging the appellant and the respondent to pay compensation jointly and severally, and its cassation in respect of the former, entails its cassation in respect of the latter, even if he did not aCivil Matters — Volume 11 · Source page ٢٤٧
  29. Principle 1299Fault causing damage committed by multiple persons. Its effect. Their joint and several liability for compensation arises, and each is considered liable for the full compensation vis-à-vis the injured party. As between tCivil Matters — Volume 11 · Source page ٢٤٧
  30. Principle 1301Subrogation of the payer to the creditor’s position where the payer is liable for the debt with the debtor or is obliged to pay it on his behalf. - The insurer under compulsory motor accident insurance. Its obligation anCivil Matters — Volume 11 · Source page ٢٤٨
  31. Principle 1302The insurer and the third party responsible for the accident are liable for the compensation debt, even though the source of each one's obligation differs. The difference in this source for each of them. Its effect. TheiCivil Matters — Volume 11 · Source page ٢٤٨
  32. Principle 1303Formation of open or closed joint-stock companies. Commercial acts. When this is absent. Its effect. The founders’ joint and several obligation to return the subscribed amounts to prospective subscribers.Civil Matters — Volume 11 · Source page ٢٤٨
  33. Principle 1304Damage occurring as a result of the faults of multiple persons. Its effect. Each of them being liable towards the injured party for full compensation, or their multiple liability for compensation being joint and several.Civil Matters — Volume 11 · Source page ٢٤٨
  34. Principle 1305Collection of the remaining value of shares owed by the company’s shareholders upon its dissolution by a declaration of bankruptcy. This relates to two cases. The first is where the remaining value of the shares owed by Civil Matters — Volume 11 · Source page ٢٤٩
  35. Principle 1306A judgment rendered on an indivisible subject matter or a joint and several obligation or based on a single legal position. Its cassation in respect of one litigant entails its cassation in respect of the remaining litigCivil Matters — Volume 11 · Source page ٢٤٩
  36. Principle 1307Actions concerning an indivisible subject matter or a joint and several obligation, or in which the law requires particular persons to be joined. Multiple judgment debtors therein, only one or some of whom challenge the Civil Matters — Volume 11 · Source page ٢٤٩
  37. Principle 1308Payment by one of the joint and several debtors of the entire debt or more than his share thereof. He may not have recourse against any debtor except to the extent of that debtor’s share. Article 359 of the Civil Code.Civil Matters — Volume 11 · Source page ٢٤٩
  38. Principle 1309The joint and several debtor who alone has an interest in the debt. Bears it in full in his relationship with the others. The resulting consequence is that he has no right of recourse against another for any part of whatCivil Matters — Volume 11 · Source page ٢٤٩
  39. Principle 1310A plurality of persons through whose fault the damage occurred. This entails each of them being obliged towards the injured party to compensate for all the damage, and all of them bearing compensation jointly and severalCivil Matters — Volume 11 · Source page ٢٤٩
  40. Principle 1311Commercial debt. Those obligated by it are jointly and severally liable for it unless the law or agreement provides otherwise.Civil Matters — Volume 11 · Source page ٢٥٠
  41. Principle 1312A limited liability company. All its papers must bear particulars leaving no room for doubt as to its type, identifying it and specifying its capital. Breach thereof. Its effect. Its managers’ joint and several liabilityCivil Matters — Volume 11 · Source page ٢٥٠
  42. Principle 1313Suretyship: its nature. The general rule is that the surety acts gratuitously, not speculatively. A surety guaranteeing a debt regarded as commercial for the debtor. His obligation is commercial, like that of the principCivil Matters — Volume 11 · Source page ٢٥٠
  43. Principle 1314Occurrence of damage as a result of the faults of several persons. Their joint and several liability towards the injured party for full compensation. Apportionment of the burden of liability. Confined to their relations Civil Matters — Volume 11 · Source page ٢٥٠
  44. Principle 1315The aval guarantor. A surety jointly and severally liable with the debtor, and both are liable to the holder for the value of the instrument. The implication: he may not resist the holder’s claim by invoking prior recourCivil Matters — Volume 11 · Source page ٢٥٠
  45. Principle 1316Payment of the debt. Its effect. Subrogation of the payer to the creditor’s position. - The insurer and the third party liable for the vehicle accident. The source of each one’s obligation to compensate differs: the firsCivil Matters — Volume 11 · Source page ٢٥٠
  46. Principle 1318The challenged judgment's reversal of the appealed judgment declaring the bankruptcy of the company and its joint and several guarantor, and approval of a composition preventing bankruptcy in respect of the guarantor, onCivil Matters — Volume 11 · Source page ٢٥١
  47. Principle 1319A judgment rendered in an indivisible subject matter, a joint and several obligation, or an action in which the law requires the joinder of specified persons. Its effect. A judgment debtor who has missed the time limit fCivil Matters — Volume 11 · Source page
  48. Principle 1321The source of the obligation. Its multiplicity while its subject matter remains one, as where there are multiple debtors for one debt and the creditor may demand the entire debt from them or any of them. Their obligationCivil Matters — Volume 11 · Source page
  49. Principle 1324The insurer and the third party responsible for the accident are obligated for the same debt, although the source of each differs—the first, the insurance contract; the second, the harmful act. Its effect: their concurreCivil Matters — Volume 11 · Source page
  50. Principle 1325Damage occurring as a result of multiple faults committed by many persons, the fault of each constituting a cause productive of the damage. Effect thereof. Each is liable towards the injured party for full compensation. Civil Matters — Volume 11 · Source page
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