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

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  1. - التزامات البائع والمشتري

    Principle 1549Rescission or nullity of a sale contract for a reason attributable to the seller. Requiring him to return the price he received. His good or bad faith is immaterial in this regard. - The agent's sale of the land he was aCivil Matters — Volume 11 · Source page ٢٩٤
  2. Principle 1550Conclusion of the contract of sale before the date the Civil Code came into force. Its effect. Its provisions do not apply to future effects, including its rescission because the seller does not own the thing sold and isCivil Matters — Volume 11 · Source page ٢٩٤
  3. Principle 1551The seller’s warranty against a third party’s superior title to the thing sold. His obligation to refund the price and compensate the buyer for the loss sustained and profit lost. Limiting the buyer’s right to compensatiCivil Matters — Volume 11 · Source page ٢٩٥
  4. Principle 1552The seller's warranty against latent defects and his warranty of the description of the thing sold. The legislature distinguished between them. It devoted a special provision to the second, making the contract the basis Civil Matters — Volume 11 · Source page ٢٩٥
  5. Principle 1553The seller's obligation to deliver the thing sold with the description agreed in the contract. Absence of that description. The buyer has the choice between rescinding the contract and maintaining it, with compensation iCivil Matters — Volume 11 · Source page ٢٩٥
  6. Principle 1554An unregistered sale contract. The rights and obligations arising from it. The seller’s obligation to warrant against latent defects, and the purchaser has a direct action against the seller derived from the contract conCivil Matters — Volume 11 · Source page ٢٩٥
  7. Principle 1555The seller’s obligation to deliver the thing sold. Due immediately upon completion of the contract unless another date is agreed or the nature of the thing sold or custom requires a specified period to elapse for that deCivil Matters — Volume 11 · Source page ٢٩٥
  8. Principle 1556Sale contract. The seller's obligation thereunder to warrant non-interference with the purchaser in all or part of the property sold, even if unregistered, and whether the act is physical or legal. Transfer of this obligCivil Matters — Volume 11 · Source page ٢٩٦
  9. Principle 1557The seller’s obligation to warrant against third-party interference with the purchaser based on a legal ground deriving from the seller or the seller’s seller. Its invocation against the purchaser. Its effect: he may recCivil Matters — Volume 11 · Source page ٢٩٦
  10. Principle 1558The seller's failure to perform his contractual obligation to transfer ownership of the sold real estate to the purchaser where he does not own it or part thereof. A breach of a contractual obligation. Its effect. The puCivil Matters — Volume 11 · Source page ٢٩٦
  11. Principle 1559Failure of one contracting party in a contract binding on both parties to perform its obligation when it falls due. Effect thereof. The other contracting party may request the judge to rescind the contract after serving Civil Matters — Volume 11 · Source page ٢٩٧
  12. Principle 1560The seller's warranty against latent defects and his warranty of the description of the thing sold. The legislature distinguished between them. It devoted a special provision to the second, making the contract the basis Civil Matters — Volume 11 · Source page ٢٩٧
  13. Principle 1561The seller’s obligation not to interfere with the purchaser. Indivisible by the nature of its subject matter, which is abstention from an act.Civil Matters — Volume 11 · Source page ٢٩٧
  14. Principle 1562Contracts of disposition creating and transferring real rights in immovable property, including ownership. Consensual contracts. Enactment of Law 5/1959 concerning real estate registration. Its effect. Deferral of the crCivil Matters — Volume 11 · Source page ٢٩٧

  15. - الالتزامات الشخصية

    Principle 1563An action for the validity and enforceability of a sale contract. It is ultimately an action for title intended to secure specific performance of the seller’s obligations that transfer ownership to the buyer and obtain aCivil Matters — Volume 11 · Source page ٢٩٨

  16. - التزامات البنك

    Principle 1564An unregistered contract for the sale of real property. The obligations arising therefrom. Personal obligations. - The bank's obligations:Civil Matters — Volume 11 · Source page ٢٩٨
  17. Principle 1566Travelers’ checks or tourist checks. They are checks created by banking custom. The bank draws them on its branches or the banks with which it deals and sells them to the customer. The latter must sign the check as benefCivil Matters — Volume 11 · Source page ٢٩٨
  18. Principle 1567Letter of guarantee. Its nature and the relationships it entails between its parties. Independence of each relationship from the others. Effect thereof. - Letter of guarantee. It creates no right for the customer to its Civil Matters — Volume 11 · Source page ٢٩٩
  19. Principle 1568Letter of guarantee. Its definition. Independence of the relationship between the bank and the customer from the latter's relationship with the beneficiary. - Issuance of a letter of guarantee. Does not create for the cuCivil Matters — Volume 11 · Source page ٢٩٩
  20. Principle 1569The bank’s obligation toward the beneficiary of a letter of guarantee is a primary obligation. It is not dependent on an event external to it, the fulfilment of a condition, or the arrival of a due date.Civil Matters — Volume 11 · Source page ٢٩٩

  21. - الالتزام الصرفي

    Principle 1570Bank remittance or transfer. One of the most prominent forms of payment through accounting entries. It must be completed pursuant to a written order from the customer. The transfer order may not be payable to bearer. TheCivil Matters — Volume 11 · Source page ٢٩٩
  22. Principle 1571Creation of a commercial instrument as a means of discharging a prior obligation results in the creation of a new obligation, namely the obligation under the instrument, alongside the ordinary obligation. The creditor haCivil Matters — Volume 11 · Source page ٣٠٠
  23. Principle 1572The creation of a commercial instrument as a means of discharging a prior obligation gives rise to a new obligation, namely the obligation under the negotiable instrument. Its implication: the creditor has the choice of Civil Matters — Volume 11 · Source page ٣٠٠
  24. Principle 1573The emergence of the negotiable-instrument obligation alongside the original obligation results in the creation of the commercial paper as an instrument for discharging a prior obligation. The effect thereof: the creditoCivil Matters — Volume 11 · Source page ٣٠٠
  25. Principle 1574Endorsement of a bill of exchange or cheque. Its effect. - The rule that endorsement purges the negotiable-instrument obligation of any grounds leading to its rescission or invalidity, as well as defenses based on the deCivil Matters — Volume 11 · Source page ٣٠١
  26. Principle 1575Limitation concerning negotiable instruments. Its basis in a presumption of payment of the debt, that is, the assumption that the creditor has obtained satisfaction of his claim from his debtor. This presumption constituCivil Matters — Volume 11 · Source page ٣٠١

  27. - الالتزام النقدي

    Principle 1576Creation of a commercial instrument as a means of payment. It gives rise to an obligation under the instrument alongside the original obligation. The creditor has the choice of recourse against the debtor by an action onCivil Matters — Volume 11 · Source page ٣٠١
  28. Principle 1577The municipality’s obligation to pay expropriation compensation to those entitled thereto has as its subject the payment of a sum of money and has its source in the law. The municipality’s delay in performing this obligaCivil Matters — Volume 11 · Source page ٣٠٢
  29. Principle 1578Creation of a commercial instrument as a means of discharging a prior obligation. This entails the creation of a new obligation, namely the negotiable-instrument obligation. The implication thereof: the creditor may haveCivil Matters — Volume 11 · Source page ٣٠٢
  30. Principle 1579Statutory interest on a commercial debt. It is payable from the debt’s due date if its subject is a monetary obligation of a known amount at the time it arises. The amount not being known. Effect thereof. Interest is awaCivil Matters — Volume 11 · Source page ٣٠٢

  31. - الالتزام بأجر السمسار

    Principle 1580The obligation of a debtor of a commercial debt to pay statutory interest of 7% as compensation for delay. The criterion therefor. That the subject matter of this obligation is a sum of money whose amount is known when tCivil Matters — Volume 11 · Source page ٣٠٢

  32. - الالتزام بمسكن الزوجية

    Principle 1581The person who authorized the broker to seek to conclude the transaction is liable for the broker’s remuneration. - Multiple persons authorizing a single broker in a common undertaking. Its effect. Their joint and severaCivil Matters — Volume 11 · Source page ٣٠٢

  33. - الالتزام بمسكن الحضانة

    Principle 1582The obligation to provide the matrimonial home. The general rule is that it is in kind. Its availability. Its implication. The obligation does not shift to a monetary allowance. - See also: The Legal Principles EstablishCivil Matters — Volume 11 · Source page ٣٠٣
  34. Principle 1583The rent for the minor's dwelling is part of his maintenance, which his father is obliged to provide, unless the female custodian owns a dwelling in which she resides or which is designated for her residence.Civil Matters — Volume 11 · Source page ٣٠٣

  35. - التزامات العامل وصاحب العمل

    Principle 1584The general rule regarding the obligation to provide housing. It is to be performed in kind. If that is available, the obligation does not shift to a housing allowance. The judgment nevertheless awarding a housing allowaCivil Matters — Volume 11 · Source page ٣٠٣
  36. Principle 1585The employer’s termination of a fixed-term employment contract before the end of its term and for reasons other than those stipulated in Article 55 of Law 38/64 (*). Its effect. His obligation to compensate the worker foCivil Matters — Volume 11 · Source page ٣٠٣
  37. Principle 1586The rights established for the worker in the Labour Law. A minimum for his protection. It is permissible to agree to depart from them if this results in greater benefit to the worker. Its implication. The employer’s agreCivil Matters — Volume 11 · Source page ٣٠٤
  38. Principle 1587Compensation due to the worker where the employer terminates a fixed-term employment contract before the end of its term. The condition that it not exceed the total value of wages for the remaining term of the contract.Civil Matters — Volume 11 · Source page ٣٠٤
  39. Principle 1588The employer's obligation to provide the worker's housing. An obligation to provide a benefit in kind. The worker's right to claim a cash allowance if it is not provided.Civil Matters — Volume 11 · Source page ٣٠٤
  40. Principle 1589The grant given by an employer to his workers in addition to their agreed wages passing from the sphere of gratuity into the sphere of obligation. Its condition. The employer's habitual granting of it and the worker's beCivil Matters — Volume 11 · Source page ٣٠٤
  41. Principle 1590The employer’s breach of his obligation. Its effect. The worker’s right to terminate the employment contract while being entitled to the end-of-service gratuity. - Determining, affirmatively or negatively, whether the woCivil Matters — Volume 11 · Source page ٣٠٤
  42. Principle 1591The criterion for the employer’s obligation to pay wages is the worker’s compliance with his orders and allocation of a share to him so long as he is ready, even if a cause attributable to the employer prevents him from Civil Matters — Volume 11 · Source page ٣٠٤
  43. Principle 1592A worker’s annual leave. Its purpose. The worker’s right thereto relates to public policy. The employer’s obligation to grant it to the worker even if the worker has not requested it. Breach thereof. Necessary consequencCivil Matters — Volume 11 · Source page ٣٠٤
  44. Principle 1593The absence from the provisions of Law 38/1964(*) concerning labor in the private sector, as amended, of a provision governing the accrual of interest on financial obligations arising from an employment contract and due Civil Matters — Volume 11 · Source page ٣٠٥
  45. Principle 1594The employer’s obligation under a fixed-term contract to compensate the worker for the remaining term of the contract if the contract is terminated by the employer, unless a contractual term requires it. Example.Civil Matters — Volume 11 · Source page ٣٠٥
  46. Principle 1596A grant is a form of wages. When it moves from the sphere of gratuity to the sphere of obligation.Civil Matters — Volume 11 · Source page ٣٠٥
  47. Principle 1597What either party to a contract of indefinite duration owes the other upon terminating it: payment in lieu of notice.Civil Matters — Volume 11 · Source page
  48. Principle 1598Matters for which no provision appears in the Labour Law for the Oil Business Sector. The provisions of the Private Sector Labour Law apply thereto. Example concerning the absence in the Oil Sector Labour Law of regulatiCivil Matters — Volume 11 · Source page
  49. Principle 1599The employer's obligation to pay the cost of annual travel tickets for the worker and his family to his homeland. This entails their value being considered a component of the worker's wages and added thereto.Civil Matters — Volume 11 · Source page
  50. Principle 1600The grant an employer gives to his workers on an occasion or at certain times and its treatment as a form of wages. Its sources: agreement, the internal bylaws or custom. - Custom as a source of the employer’s obligationCivil Matters — Volume 11 · Source page
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