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

Search this collection

  1. - التضامن

    Principle 1326Discharge of the joint and several or non-joint and several surety because the creditor has lost the securities securing the guaranteed debt. Prerequisite. Loss of the security must be due to the creditor's fault, and thCivil Matters — Volume 11 · Source page ٢٥٢
  2. Principle 1327Multiple persons obligated for a single debt and the declaration of bankruptcy of one of them in respect of that debt. Produces no effect in relation to the other obligors.Civil Matters — Volume 11 · Source page ٢٥٢
  3. Principle 1328Solidarity is not presumed. This means: it arises only by agreement or a provision of law. A judgment contravening this. Requires its partial cassation. Example of the absence of solidarity between debtors.Civil Matters — Volume 11 · Source page ٢٥٢
  4. Principle 1329Persons obligated for a commercial debt. Jointly and severally liable therefor. Article 97 of the Commercial Code. - 252 - Obligation - The obligation of judgment debtors to pay costs jointly and severally. Its conditionCivil Matters — Volume 11 · Source page ٢٥٢
  5. Principle 1330The creditor, through his fault, causing the loss of any securities to which the surety may be subrogated in his place and on which he relies in guaranteeing the debtor. Effect thereof. The surety may invoke his dischargCivil Matters — Volume 11 · Source page ٢٥٣
  6. Principle 1331Subrogation of the person who paid the debt to the position of the creditor whose claim has been satisfied. Permissible where the payer was bound by the debt with the debtor or bound to pay it on his behalf. Article 394,Civil Matters — Volume 11 · Source page ٢٥٣
  7. Principle 1332A judgment rendered in an indivisible matter or concerning 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 liCivil Matters — Volume 11 · Source page ٢٥٣
  8. Principle 1333The principal's replacing a contract agent—or a person treated as such—with a new agent. Effect. The latter's joint and several liability with the principal for payment of the compensation awarded to the former agent if Civil Matters — Volume 11 · Source page ٢٥٣
  9. Principle 1335Statutory, joint and several, or commercial suretyship. The sureties therein are jointly and severally liable among themselves and with the debtor. - Suretyship. The general rule is that the surety acts gratuitously, notCivil Matters — Volume 11 · Source page ٢٥٣
  10. Principle 1336Limited liability companies. All their papers and printed materials must contain particulars leaving no doubt as to their type, identifying them, and stating their capital. Omission of these particulars. Effect. Joint anCivil Matters — Volume 11 · Source page ٢٥٤
  11. Principle 1337Issuance of a judgment concerning a joint and several obligation. Its effect. The judgment debtors who missed the time limit for challenging it may challenge it during the hearing of the challenge filed within the time lCivil Matters — Volume 11 · Source page ٢٥٤
  12. Principle 1338The term surety in Article 757 of the Civil Code is general and unrestricted. The implication thereof. Its inclusion of both joint and several and non-joint and several sureties. Restricting it to a non-joint and severalCivil Matters — Volume 11 · Source page ٢٥٤
  13. Principle 1339A creditor of a general partnership has the right to demand payment of the debt from the partnership alone, from any partner who was a member at the time of contracting, or from the partnership and the general partners tCivil Matters — Volume 11 · Source page ٢٥٤
  14. Principle 1340Statutory, judicial, or commercial suretyship. The sureties are jointly and severally liable among themselves and with the debtor. - Commercial suretyship. The sureties are jointly and severally liable among themselves aCivil Matters — Volume 11 · Source page ٢٥٥
  15. Principle 1341Solidarity among creditors or among debtors. Exists only by agreement or by a provision of law.Civil Matters — Volume 11 · Source page ٢٥٥
  16. Principle 1343Solidarity among creditors or among debtors is not presumed. The implication thereof: it exists only by agreement or a provision of law. Article 341, Civil Code. Example.Civil Matters — Volume 11 · Source page ٢٥٥
  17. Principle 1344Multiplicity of persons through whose fault the damage occurred. Their joint and several obligation towards the injured party to pay compensation. A debtor under this joint and several obligation does not benefit from thCivil Matters — Volume 11 · Source page ٢٥٥
  18. Principle 1345Transfer of ownership of the insured thing to a particular successor. Its effect. Transfer of the insurance contract with the thing to the successor by operation of law. The new owner of the thing becomes the insured in Civil Matters — Volume 11 · Source page ٢٥٥
  19. Principle 1347The creditor, through his fault, causing the loss of any of the securities in which the surety may be subrogated to him and upon which he relied in guaranteeing the debtor. The surety may invoke his discharge to the exteCivil Matters — Volume 11 · Source page ٢٥٦
  20. Principle 1348Joint and several liability of lessees for their contractual obligations. Its effect. Their indivisibility, even if not expressly stipulated in the contract. It is sufficient to infer it implicitly from the terms of the Civil Matters — Volume 11 · Source page ٢٥٦
  21. Principle 1349A judgment rendered on an indivisible subject matter or a joint and several obligation, or based on a single legal position. The effect thereof: its cassation in respect of one litigant entails its cassation in respect oCivil Matters — Volume 11 · Source page ٢٥٦
  22. Principle 1350A judgment rendered on an indivisible subject matter or a joint and several obligation, or based on a single legal position. Its cassation with respect to one litigant entails its cassation with respect to the others.Civil Matters — Volume 11 · Source page ٢٥٦
  23. Principle 1351Two persons being accused of causing injury to another through their negligence. The court of first instance convicting one and acquitting the other. The former’s failure to appeal the judgment and its becoming final in Civil Matters — Volume 11 · Source page ٢٥٦
  24. Principle 1353Occurrence of damage as a result of faults committed by several persons. Effect. Their being considered jointly and severally liable for compensation. Meaning: the injured party may claim against all of them in his actioCivil Matters — Volume 11 · Source page ٢٥٧
  25. Principle 1354The broker’s entitlement to his remuneration immediately upon completion of the transaction. Its condition. The transaction must have been concluded as a result of his efforts and mediation. Assessment of this. Among theCivil Matters — Volume 11 · Source page ٢٥٧
  26. Principle 1355Payment by one of the joint and several debtors of the entire debt or more than his share thereof, or its discharge by an equivalent to payment. He may not have recourse against the remaining debtors for what he paid excCivil Matters — Volume 11 · Source page ٢٥٧

  27. التضامم

    Principle 1356A judgment rendered on an indivisible subject matter, a joint and several obligation, or an action in which the law requires specified persons to be joined as parties. Expiry of the time limit for challenging it with resCivil Matters — Volume 11 · Source page ٢٥٨
  28. Principle 1357In a concurrent obligation. No debtor liable for the debt benefits from the establishment of the other's liability so long as his own liability has been established.Civil Matters — Volume 11 · Source page ٢٥٨
  29. Principle 1358A concurrent obligation. One whose subject matter is single and whose debtors are multiple on the basis of multiple sources. The creditor may claim against any of them.Civil Matters — Volume 11 · Source page ٢٥٨
  30. Principle 1359Two persons adjudged liable for a single debt under an obligation in solidum. The judgment creditor’s recovery of his entitlement from either discharges the other.Civil Matters — Volume 11 · Source page ٢٥٨
  31. Principle 1360Multiplicity of debtors for a single debt entails their concurrent, not joint and several, liability. Its effect. Each is indebted for the same debt and for the entire debt, and the creditor may demand all of it from anyCivil Matters — Volume 11 · Source page ٢٥٨
  32. Principle 1361Concurrent liability of debtors accords with their joint and several liability in that the creditor has the right to demand the entire debt from all of them or from one of them. The effect thereof. A judgment imposing coCivil Matters — Volume 11 · Source page ٢٥٨
  33. Principle 1362The insurer under compulsory motor vehicle accident insurance and the responsible person. They are obligated for the same debt despite the difference in its source. The effect thereof. Their concurrent liability for its Civil Matters — Volume 11 · Source page ٢٥٨
  34. Principle 1364An obligation in solidum. Its sources are multiple while its subject matter remains one. A debtor under this obligation does not benefit from the establishment of the other’s liability so long as his own liability has beCivil Matters — Volume 11 · Source page ٢٥٩
  35. Principle 1365Joint and several liability and concurrent liability of debtors coincide in the multiplicity of legal ties and unity of subject matter. They differ in that the source of each jointly and severally liable debtor’s obligatCivil Matters — Volume 11 · Source page ٢٥٩
  36. Principle 1366A concurrent obligation is one in which there are multiple debtors for a single debt on the basis of multiple sources. The creditor may claim the entire debt from any of them. - Establishment of the liability of one debtCivil Matters — Volume 11 · Source page ٢٥٩
  37. Principle 1367The insurer under compulsory motor vehicle accident insurance and the responsible third party. Their obligation concerns the same debt despite its different sources. The effect thereof. Their concurrent liability in soliCivil Matters — Volume 11 · Source page ٢٥٩
  38. Principle 1368Different sources of the debtors’ obligation in respect of a single debt. Its effect. They are all regarded as concurrently liable for performance of the obligation. Example concerning the difference between the source oCivil Matters — Volume 11 · Source page ٢٦٠
  39. Principle 1369The creditor may demand the entire debt from any debtor where the obligation has multiple sources. The basis for this. And its implication. - The subcontractor and the workers working for the principal contractor in perfCivil Matters — Volume 11 · Source page ٢٦٠
  40. Principle 1370The obligation of the insurer and the third party responsible for the accident to compensate the injured party for liability arising from motor vehicle accidents. Their concurrent liability for payment. The source of eacCivil Matters — Volume 11 · Source page ٢٦٠
  41. Principle 1371The subcontractor's recourse against the employer. Its condition. The employer must be indebted to the main contractor under the main works contract at the time the subcontractor brings the direct action against the emplCivil Matters — Volume 11 · Source page ٢٦٠
  42. Principle 1372Subrogation of the payer to the creditor’s position whenever 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. It and the liaCivil Matters — Volume 11 · Source page ٢٦٠
  43. Principle 1373The injured party’s direct recourse against the insurer outside the case of compulsory insurance against civil liability arising from motor accidents. Its condition. The insurance policy must contain a stipulation for thCivil Matters — Volume 11 · Source page ٢٦١
  44. Principle 1378The insurer and the third party responsible for the accident are obliged to pay the same debt, although the source of each differs. The first is the insurance contract and the second is the harmful act. Its effect: theirCivil Matters — Volume 11 · Source page ٢٦٢
  45. Principle 1379Multiple debtors for a single debt and different sources of each one's obligation. Its consequence. All are liable for performance of the obligation, and the creditor may claim the entire debt from any one of them indiviCivil Matters — Volume 11 · Source page ٢٦٢
  46. Principle 1380A litigant may join anyone who could properly have been made a party to the action when it was instituted, and may join a guarantor therein. Its implication. A claimant in warranty may request judgment in his favor againCivil Matters — Volume 11 · Source page ٢٦٢
  47. Principle 1381Establishment that the source of the liability of one of the two litigants is personal fault in selecting his substitute and his negligence in performing - 262 - Obligation the agency, and that the source of the second'sCivil Matters — Volume 11 · Source page
  48. Principle 1382Subrogation of the payer to the creditor's rights whenever the payer is obligated for the debt on behalf of the debtor or obligated to pay it on the debtor's behalf. Legal subrogation. - The insurer under compulsory motoCivil Matters — Volume 11 · Source page
  49. Principle 1383An obligation in solidum. Its meaning. Multiplicity of obligations while their subject matter remains one, such that there are multiple debtors for one debt. The creditor may claim the entire debt from any of them and maCivil Matters — Volume 11 · Source page
  50. Principle 1384The injured party’s recourse against the insurance company to recover compensation. It does not prevent recourse against the person responsible for causing the injury and the person liable for that injury on the ground tCivil Matters — Volume 11 · Source page
PreviousPage 25 of 83Next