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. - الالتزام بتحقيق غاية (الالتزام بنتيجة)

    Principle 1495The assignor warrants against the assignor's personal acts vis-à-vis the assignee. Invalidity of a clause excluding the warranty. - 283 - Obligation Types of obligations: - The obligation to achieve an end (the obligatioCivil Matters — Volume 11 · Source page ٢٨٣
  2. Principle 1496The maritime carrier’s obligation. An obligation to achieve a result. The carrier’s liability remains until the consignee actually receives his goods. Damage sustained by the goods while in the port warehouses. The carriCivil Matters — Volume 11 · Source page ٢٨٤
  3. Principle 1497The carrier’s obligation. An obligation to achieve a result. The carrier’s liability is lifted only if it proves that the loss of or damage to the goods is attributable to force majeure, an inherent defect, or the consigCivil Matters — Volume 11 · Source page ٢٨٤
  4. Principle 1499A contract of carriage by sea. Its effect. The carrier’s obligation to guarantee that the goods reach the consignee intact. The nature of this obligation. An obligation to achieve a result, from which the carrier’s liabiCivil Matters — Volume 11 · Source page ٢٨٤
  5. Principle 1500The maritime carrier's obligation. Ends only upon actual delivery of the shipped goods to the consignee. The reason for this. Its obligation is to achieve a result. Its liability is relieved only by proving an extraneousCivil Matters — Volume 11 · Source page ٢٨٤
  6. Principle 1501Contract of carriage. The carrier's obligation thereunder to achieve a result, namely transporting the thing and delivering it intact to the consignee. Its implication. The carrier's liability continues until actual deliCivil Matters — Volume 11 · Source page ٢٨٤
  7. Principle 1502The seller’s obligation to deliver the thing sold. It is effected by making the thing sold freely available to the purchaser in a manner enabling him to possess and enjoy it without impediment, even if he has not actuallCivil Matters — Volume 11 · Source page ٢٨٥
  8. Principle 1503Contract for the carriage of persons. The carrier's obligation to guarantee the passenger's safety. An obligation to achieve an end. Its implication. It is sufficient for the passenger to prove that he was injured duringCivil Matters — Volume 11 · Source page ٢٨٥
  9. Principle 1504The contract of carriage by sea. It obligates the carrier to transport a thing to a specified destination, load and stow it in the means of transport, then unload it, unless otherwise agreed. The nature of this obligatioCivil Matters — Volume 11 · Source page ٢٨٥

  10. - الالتزام ببذل عناية

    Principle 1505The contractor’s obligation is an obligation to achieve a result: the building remaining sound for ten years—as a general rule—from completion of the building or construction. Article 692 of the Civil Code. Proof that thCivil Matters — Volume 11 · Source page ٢٨٦
  11. Principle 1506The obligation of the Authority for Minors’ Affairs to administer minors’ assets. An obligation to exercise care. Its liability arises only upon proof of a failure on its part to exercise the required care. Failure to acCivil Matters — Volume 11 · Source page ٢٨٦
  12. Principle 1507The essential obligation in a deposit contract. The depositary's obligation of safekeeping. The general rule is that a deposit is without remuneration. In this case, the depositary is obliged to exercise his own care in Civil Matters — Volume 11 · Source page ٢٨٦
  13. Principle 1508The air carrier’s obligation. An obligation of means. The effect of this. To avert its liability, it is sufficient to prove that it and its employees took all necessary measures to avoid the damage.Civil Matters — Volume 11 · Source page ٢٨٦
  14. Principle 1510The lawyer's obligation towards his client. An obligation to perform work in which he exercises a degree of care. The principle governing this care. - Contractual fault in an obligation to exercise care. Its nature. - ThCivil Matters — Volume 11 · Source page ٢٨٦
  15. Principle 1511A physician’s obligation to treat patients. An obligation to exercise care. - A physician’s liability for professional fault. Its prerequisite. Establishment of the fault conclusively and with certainty.Civil Matters — Volume 11 · Source page ٢٨٧
  16. Principle 1512The lawyer's obligation toward his client. An obligation to perform work in which he exercises a degree of care. The general rule regarding this care. - The lawyer's contractual liability toward his client. It arises thrCivil Matters — Volume 11 · Source page ٢٨٧
  17. Principle 1513A physician’s obligation in treating his patients is to exercise care, not to achieve a result. His liability for technical error. Its basis. Causing harm to the patient. The rationale for this. - What matters for liabilCivil Matters — Volume 11 · Source page ٢٨٧
  18. Principle 1514The lawyer’s obligation toward his client. Where the agency is remunerated. Its nature. An obligation to perform work in which he must exercise the care exercised by an ordinary person, which, in the legal profession, coCivil Matters — Volume 11 · Source page ٢٨٧
  19. Principle 1515Contractual fault in an obligation to exercise care. It is failure to exercise the required care and deviation from the required conduct. - A lawyer's liability arises where the lawyer's failure to perform the duty resulCivil Matters — Volume 11 · Source page ٢٨٧
  20. Principle 1516The lessee’s obligation to exercise the care of an ordinary person in using and preserving the leased property and returning it in the condition in which he received it, except for any destruction or damage it sustained Civil Matters — Volume 11 · Source page ٢٨٧
  21. Principle 1517The lawyer’s obligation toward his client—where the agency is remunerated—its nature. An obligation to perform work in which he must exercise the care exercised by an ordinary person, which, in the legal profession, consCivil Matters — Volume 11 · Source page ٢٨٨

  22. - الالتزام البدلي

    Principle 1518The lessee's obligation to exercise the care of an ordinary person in using and preserving the leased property and returning it in the condition in which he received it, except for destruction or damage it may have sustaCivil Matters — Volume 11 · Source page ٢٨٨

  23. - الالتزام التجاري

    Principle 1519A facultative obligation. Its definition and effect on performance of the contract. Example. - Commercial obligation:Civil Matters — Volume 11 · Source page ٢٨٨
  24. Principle 1520Activities relating to insurance of all types. Commercial activities. The necessary consequence thereof. The provisions of the Commercial Code apply to them, including entitlement to statutory interest as compensation foCivil Matters — Volume 11 · Source page ٢٨٨
  25. Principle 1521Entitlement to interest for delay in payment of commercial debts as soon as they fall due. Its condition. Their subject matter must be a sum of money of a known amount at the time it arises. If it is not so. Interest runCivil Matters — Volume 11 · Source page ٢٨٩
  26. Principle 1523The capital of a joint-stock company. Its increase through the issue of new shares and the application of subscription provisions thereto. Failure to take up all the shares of that increase. Its effect. The company’s oblCivil Matters — Volume 11 · Source page ٢٨٩
  27. Principle 1524Issuing a cheque. A commercial act by its nature in all circumstances, whether or not the drawer or the beneficiary is a merchant. This is not altered by whether the cheque was drawn in connection with a commercial or ciCivil Matters — Volume 11 · Source page ٢٨٩
  28. Principle 1525Entitlement to interest for delay in paying commercial debts as soon as they fall due. The condition thereof. Their subject matter must be a sum of money of a known amount when it arises; otherwise, interest runs from thCivil Matters — Volume 11 · Source page ٢٩٠
  29. Principle 1526Merchants’ obligations towards one another relating to their commercial business. Their limitation upon the lapse of ten years from the date performance of the obligation falls due. Its commencement from the day on whichCivil Matters — Volume 11 · Source page ٢٩٠
  30. Principle 1527The merchant's retention of a true copy of all invoices, correspondence, and telegrams sent or received by him, and other items connected with his commercial business, for five years. His obligation, or that of his heirsCivil Matters — Volume 11 · Source page ٢٩٠
  31. Principle 1528Default interest. The basis of entitlement thereto. The debt must arise from a commercial obligation or a commercial act. Absence of this character or act. Its effect. Prohibition of claiming interest, as constituting usCivil Matters — Volume 11 · Source page ٢٩٠

  32. - الالتزام المدني

    Principle 1529The obligation of the debtor of a commercial debt to pay statutory interest of 7% as compensation for delay. Prerequisite thereof. The subject of this obligation must be a sum of money whose amount is known at the time tCivil Matters — Volume 11 · Source page ٢٩١
  33. Principle 1530An agreement to collect interest in consideration of the use of a sum of money or for delay in fulfilling the obligation to pay it. It is void. The basis thereof. Article 305 of the Civil Code. The judgment's adherence tCivil Matters — Volume 11 · Source page ٢٩١
  34. Principle 1531The basis for entitlement to default interest, whether statutory or contractual, is that the debt whose payment the debtor delayed arises from a commercial obligation or a commercial act. A civil obligation. No default iCivil Matters — Volume 11 · Source page ٢٩١
  35. Principle 1532Default interest, whether statutory or contractual. Its prerequisite. The debt which the debtor delayed paying must arise from a commercial obligation or a commercial act. A civil obligation. No default interest is due tCivil Matters — Volume 11 · Source page ٢٩١

  36. - التزامات البائع والمشتري

    Principle 1533Absence of cause. It may not be proved otherwise than in writing where the obligation is civil. The reason therefor: it is an allegation contrary to the contents of written evidence. - 291 - Obligation - Obligations of tCivil Matters — Volume 11 · Source page ٢٩١
  37. Principle 1534The seller’s obligation to deliver the sold property to the purchaser. It includes his obligation to deliver the documents and instruments relating to it. - The seller’s endorsement to the purchaser of cheques securing tCivil Matters — Volume 11 · Source page ٢٩٢
  38. Principle 1535The purchaser who has received the thing sold. He may not refuse to perform his obligation to pay the balance of the price where the seller refuses to perform his obligation to transfer ownership to the purchaser. ExceptCivil Matters — Volume 11 · Source page ٢٩٢
  39. Principle 1537The buyer is obliged to ascertain the condition of the thing sold upon receipt and notify the seller immediately upon discovering any defect warranted against by the latter. If discovering the defect requires particular Civil Matters — Volume 11 · Source page ٢٩٢
  40. Principle 1538The seller’s obligation to warrant against third-party interference with the purchaser’s enjoyment. Its criterion. The warranty provisions are not matters of public policy and may be modified by agreement. The condition Civil Matters — Volume 11 · Source page ٢٩٢
  41. Principle 1539A defect that diminishes the value or utility of the thing sold according to its intended purpose. The effect of its existence. The seller's warranty obligation. An example of a material characteristic in a machine.Civil Matters — Volume 11 · Source page ٢٩٢
  42. Principle 1540A difference in the type of goods agreed upon with the seller. Reference in this regard is to the agreement concluded between the parties or to commercial custom. - 292 - Obligation - The Commercial Code's lack, concerniCivil Matters — Volume 11 · Source page ٢٩٢
  43. Principle 1541The warranty against eviction is an obligation owed by the seller arising from the contract of sale. The purchaser’s recourse against the seller under it. It includes a request for performance of his obligation to transfCivil Matters — Volume 11 · Source page ٢٩٣
  44. Principle 1542The seller’s performance of his obligation to deliver the thing sold. How it occurs. The seller bears the burden of proving that he placed the thing sold at the buyer’s disposal. The seller’s obligation to deliver the thCivil Matters — Volume 11 · Source page ٢٩٣
  45. Principle 1543The seller's obligation to deliver the thing sold. Due as soon as the contract is concluded, unless the parties agree upon another date, except where custom or the nature of the thing sold requires a period to elapse betCivil Matters — Volume 11 · Source page ٢٩٣
  46. Principle 1544The seller's failure to perform the obligation to deliver the thing sold at the specified time. Its effect. The contract is deemed rescinded unless the buyer notifies the seller of insisting on performance of the contracCivil Matters — Volume 11 · Source page ٢٩٣
  47. Principle 1545Delivery of the sold property occurs by removing obstacles between the purchaser and the sold property, by placing it at his disposal so that he can take possession of it and benefit from it without impediment, even if hCivil Matters — Volume 11 · Source page
  48. Principle 1546Sale of a disputed right. An aleatory sale transferring the right, as disputed, to the purchaser. Meaning. The purchaser bears the risk of the outcome of the dispute concerning it. Reason for this. The purchaser bought wCivil Matters — Volume 11 · Source page
  49. Principle 1547What is meant by an action for the validity and enforceability of a sale. Specific performance of the seller’s obligations that would transfer ownership to the purchaser. Granting the purchaser’s request for a judgment dCivil Matters — Volume 11 · Source page
  50. Principle 1548The seller’s obligation to deliver the thing sold. It is effected by placing the thing sold at the purchaser’s disposal in such a way as to enable the purchaser to possess and enjoy it without impediment, even if the purCivil Matters — Volume 11 · Source page
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