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. التضامم

    Principle 1385The insurer under compulsory motor accident insurance. Its obligation and that of the liable third party concern the same debt, although the source of each differs, and their liabilities for its payment are concurrent. PCivil Matters — Volume 11 · Source page ٢٦٣
  2. Principle 1386The employer's insurance against workplace accidents. Its nature. Establishment of the insurer's liability does not negate establishment of the liability of the third party responsible for the accident. Each is obligatedCivil Matters — Volume 11 · Source page ٢٦٤
  3. Principle 1387Multiple debtors for one debt. Its effect. The creditor may demand the entire debt from any debtor or bring proceedings against them all. The reason: it is an obligation in solidum.Civil Matters — Volume 11 · Source page ٢٦٤
  4. Principle 1388The insurer and the third party responsible for the accident are each bound by the same debt, even though the source of each one's obligation differs. They are liable in solidum for payment of the debt and are both answeCivil Matters — Volume 11 · Source page ٢٦٤
  5. Principle 1389Multiplicity of the sources of an obligation while its subject matter remains one. Its effect. The creditor may demand the entire debt from all the debtors or from any one of them. Their obligation is a joint and severalCivil Matters — Volume 11 · Source page ٢٦٤
  6. Principle 1390The insurer and the third party responsible for the motor vehicle accident. The source of each one's obligation to compensate differs: the former's obligation arises from the insurance contract and the latter's from the Civil Matters — Volume 11 · Source page ٢٦٤
  7. Principle 1391Issuance of a judgment 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 respecCivil Matters — Volume 11 · Source page ٢٦٤
  8. Principle 1392The insurer’s recourse action against the liable person for the compensation it paid to the injured party. Its basis. The insurer’s subrogation to the injured party. The basis of this subrogation. A statutory provision oCivil Matters — Volume 11 · Source page ٢٦٤

  9. القابلية وعدم القابلية للانقسام

    Principle 1395Concurrent liability for payment of the debt because the insurer and the third party responsible for the accident are bound by the same debt, notwithstanding the different source of each one's obligation. It entails theiCivil Matters — Volume 11 · Source page ٢٦٥
  10. Principle 1396The validity of establishing the indivisibility of an obligation by the will of the contracting parties, expressly or implicitly.Civil Matters — Volume 11 · Source page ٢٦٦
  11. Principle 1397A legal act consisting of divisible parts. A defect affecting one of them. Its effect. Only the defective part fails, without the other parts. Instances thereof.Civil Matters — Volume 11 · Source page ٢٦٦
  12. Principle 1398A lease granted by one of the co-owners in undivided ownership. Its effects extend directly to the remaining co-owners. Basis thereof: legal representation. Condition thereof. Absence of an objection by the majority of tCivil Matters — Volume 11 · Source page ٢٦٦

  13. انعقاد الحوالة

    Principle 1399Suspension of limitation in favor of a person with diminished capacity. A personal ground relating to him. It does not extend to other persons of full capacity against whom limitation runs. The criterion therefor: that tCivil Matters — Volume 11 · Source page ٢٦٦
  14. Principle 1400Assignment transfers an obligation itself, whether a right or a debt, from one person to another. The effect of its conclusion and effectiveness. - 266 - ObligationCivil Matters — Volume 11 · Source page ٢٦٦
  15. Principle 1401Determining whether an assignment exists or not. A matter for the court of merits, provided its determination is reasonable.Civil Matters — Volume 11 · Source page ٢٦٧
  16. Principle 1402Determining whether an assignment exists or does not exist and whether the creditor has approved it or has not approved it. A matter of fact within the exclusive province of the trial court, provided its determination isCivil Matters — Volume 11 · Source page ٢٦٧
  17. Principle 1403Definition of assignment, when it is concluded, and the effect of its conclusion. Its effectiveness against the debtor. By acceptance or notification.Civil Matters — Volume 11 · Source page ٢٦٧
  18. Principle 1404Determining the existence or absence of an assignment and the contracting parties’ intention to rescind it by mutual agreement is within the authority of the court of merits.Civil Matters — Volume 11 · Source page ٢٦٧
  19. Principle 1405Conclusion of the assignment. Its effect. Its enforceability. Acceptance by the assigned debtor or notification thereof to that debtor. - Transfer of the very right with its attributes, accessories and securities, and thCivil Matters — Volume 11 · Source page ٢٦٧
  20. Principle 1406Valid formation of an assignment. What is required for it. Its effectiveness against the debtor. When it occurs. The consequences resulting from its effectiveness.Civil Matters — Volume 11 · Source page ٢٦٧
  21. Principle 1407Assignment of a right. Its conclusion. The consent of the debtor against whom the assignment is made is unnecessary. The reason: assignment does not create a new obligation on his part, but transfers the obligation alreaCivil Matters — Volume 11 · Source page ٢٦٧
  22. Principle 1408Assignment of a right. A contract between the assignor and another whereby the former assigns to the latter a right he has against his debtor, and the assignment becomes effective against the debtor and the party againstCivil Matters — Volume 11 · Source page ٢٦٧

  23. حوالة الحق

    Principle 1410Definition of assignment, when it is concluded and the effect of its conclusion. The challenged judgment’s characterization of the letter of the establishment contracting with the appellant, concerning its authorization Civil Matters — Volume 11 · Source page ٢٦٨
  24. Principle 1411The insurer’s subrogation to the insured in recourse against the person liable for the damage, to the extent of what it paid to the insured or the injured party pursuant to an assignment of the right of recourse against Civil Matters — Volume 11 · Source page ٢٦٨
  25. Principle 1412Assignment is a consensual agreement concluded by the concurrence of offer and acceptance. An assignment of a right is effected by the mutual consent of the assignor and assignee without the debtor’s consent. Example. ItCivil Matters — Volume 11 · Source page ٢٦٨
  26. Principle 1414Determining whether or not a transfer exists. A matter of fact within the trial judge's independent authority, so long as the determination is reasonable. Example.Civil Matters — Volume 11 · Source page ٢٦٨
  27. Principle 1415The consignee is the person with standing to bring an action for compensation for damage to the goods. His assignment of his right to compensation to another. That other person becomes the person with standing to bring tCivil Matters — Volume 11 · Source page ٢٦٨
  28. Principle 1416An assignment of a right is not effective against the debtor unless he accepts it or is served with notice thereof. A statement of claim referring to the assignment and filed by the assignee claiming the right. Notice ofCivil Matters — Volume 11 · Source page ٢٦٨
  29. Principle 1417A cheque bearing the expression: not to order. It may be transferred only by following the assignment of rights procedure. - 268 - ObligationCivil Matters — Volume 11 · Source page ٢٦٨
  30. Principle 1418Assignment of a right is precluded if it is not subject to attachment. - The worker's wage may be attached or relinquished within a limit of 25%. Its implication. The worker may assign it within those limits. The assigneCivil Matters — Volume 11 · Source page ٢٦٩
  31. Principle 1419Assignment of a right. The condition for its effectiveness against the debtor or third parties. Acceptance or notification thereof. The manner of notification. What does not dispense with it. Example.Civil Matters — Volume 11 · Source page ٢٦٩
  32. Principle 1420Assignment of personal rights. A principle that does not apply without qualification. Its impediments. Such statutory prohibitions of assignment for particular considerations as may be prescribed so that the subject mattCivil Matters — Volume 11 · Source page ٢٦٩
  33. Principle 1421Assignment of a right. Its formation. The debtor’s acceptance of it or notification thereof to him. A condition for its effectiveness against the debtor and third parties. Establishment of a certain date for the debtor’sCivil Matters — Volume 11 · Source page ٢٦٩
  34. Principle 1423Insurance company. Its payment of Sharia diya and obtaining a discharge and an assignment of rights. Its effect. Its right of recourse for what it paid against the party responsible for the accident.Civil Matters — Volume 11 · Source page ٢٦٩
  35. Principle 1424Assignment of a right. Its establishment by mutual consent of the assignor and assignee. - An assignment subject to a suspensive condition is not concluded until the condition is fulfilled. - Determining whether the condCivil Matters — Volume 11 · Source page ٢٦٩
  36. Principle 1425Assignment of a right. Its nature. A contract whereby the creditor transfers to another his right against the debtor. Its effectiveness. Its condition. The debtor's acceptance of it or notification thereof. Payment to thCivil Matters — Volume 11 · Source page ٢٧٠
  37. Principle 1426The basic rule is that shares in joint-stock companies are traded by commercial methods without following the procedures for assignment of rights. The condition for the effectiveness of the assignment is the company’s acCivil Matters — Volume 11 · Source page ٢٧٠
  38. Principle 1427Conclusion of an assignment. The condition for its validity. The right must exist or be capable of existence at the time the assignment is concluded.Civil Matters — Volume 11 · Source page ٢٧٠
  39. Principle 1428Assignment of a right. Not effective against the debtor or third parties except from the date of his acceptance of it or service of notice thereof upon him. Method of service. By an official document through a process seCivil Matters — Volume 11 · Source page ٢٧٠
  40. Principle 1430The general rule is the absence of a direct relationship between the employer and the subcontractor. The latter may claim from him, through an indirect action, what he owes to the principal contractor. The exception. He Civil Matters — Volume 11 · Source page ٢٧٠
  41. Principle 1432The negotiability of a cheque by endorsement. Does not preclude the permissibility of disposing of the right evidenced by it by way of assignment. An example. - The debtor's consent is not required for the formation of aCivil Matters — Volume 11 · Source page ٢٧١
  42. Principle 1433The insurer's recourse action against the responsible third party for the compensation it paid to the injured party. Its basis is legal subrogation or assignment of the right. - Transfer of the right to the assignee withCivil Matters — Volume 11 · Source page ٢٧١
  43. Principle 1434An assignment of rights intended to discharge a debt owed by the assignor. Payment by way of the right assigned to him. Its effect: transfer of the assigned right from the patrimony of the assigning debtor to the patrimoCivil Matters — Volume 11 · Source page ٢٧١
  44. Principle 1435An assignment of a right is effected by mutual consent of the assignor and assignee. The original creditor’s consent to transfer his right to another and the latter’s acceptance conclude the assignment without the need fCivil Matters — Volume 11 · Source page ٢٧١
  45. Principle 1437The insurer's action for recourse against the liable third party. Its basis. Subrogation by law or by assignment of a right. Transfer of the right to - 271 - Obligation the assignee subject to extinction by the same periCivil Matters — Volume 11 · Source page ٢٧١
  46. Principle 1438The general rule is that shares in joint-stock companies are traded by commercial methods without following the procedures for assignment of rights. A shareholder’s assignment of his shares to another. It takes place upoCivil Matters — Volume 11 · Source page ٢٧٢
  47. Principle 1439The State's purchase of debts pursuant to Law 41 of 1993. Its effect. Their transfer to it pursuant to an assignment of rights effective from the date of its entry into force, with their characteristics, accessories, andCivil Matters — Volume 11 · Source page
  48. Principle 1440The insurer’s recourse action against the liable person for the compensation it paid to the injured party. Its basis. Subrogation of the insurer to the injured party’s position. The basis for this subrogation. A statutorCivil Matters — Volume 11 · Source page
  49. Principle 1441The State’s purchase of certain indebtedness in accordance with the controls prescribed in Law 41 of 1993, as amended. Its effect. Its substitution for the creditor in respect of enforcing the assigned right against the Civil Matters — Volume 11 · Source page
  50. Principle 1442The State’s purchase of certain debts in accordance with the controls prescribed in Law 41/1993, as amended. Its effect: transfer of those debts to the State with all their real and personal securities, and application oCivil Matters — Volume 11 · Source page
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