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. التعويض عن مسئولية المتبوع

    Principle 102The subordinate's fault established by a final criminal judgment. The superior's liability for this act. Its basis is presumed fault on his part - 27 - Obligation attributable to his poor selection of his subordinate or Civil Matters — Volume 11 · Source page ٢٧
  2. Principle 104Joining the subordinate with the principal as defendants in the compensation action, the issuance of a judgment against them for compensation, and its acquisition of the force of res judicata. Its effect. This judgment bCivil Matters — Volume 11 · Source page ٢٨

  3. التعويض عن مسئولية حارس الأشياء

    Principle 105The principal’s liability for damage arising from the servant’s act. Its prerequisite. The relationship of subordination between them. Determining the existence or absence of this relationship. A matter independently detCivil Matters — Volume 11 · Source page ٢٨
  4. Principle 106Liability of the custodian of things. Based on presumed fault that admits no proof to the contrary. Exclusion of this liability. Its condition. The custodian must prove that the harm occurred through an extraneous cause.Civil Matters — Volume 11 · Source page ٢٨
  5. Principle 107The trial court's obligation to determine the correct legal basis of liability in a compensation action, even if it differs from the grounds relied upon by the injured party. The reason. This does not constitute an alterCivil Matters — Volume 11 · Source page ٢٩
  6. Principle 108Custody giving rise to liability is based on presumed fault. Its meaning. Custody rests in principle with the owner. It may pass to another under a contract conferring upon the latter the power of use, direction and supeCivil Matters — Volume 11 · Source page ٢٩
  7. Principle 109Liability of the custodian of things. Presumed. It is displaced only if the custodian proves that the damage occurred through an extraneous cause in which he had no hand, such as force majeure, a fortuitous event, or theCivil Matters — Volume 11 · Source page ٢٩
  8. Principle 110Liability arising from custody of a thing. The condition for its establishment. That the harm arise from the act of the thing itself. The burden of proving this falls upon the injured party. Where a presumption of the exCivil Matters — Volume 11 · Source page ٢٩
  9. Principle 111Liability of the custodian of a thing. Its basis. Fault presumed to have been committed by the custodian of the thing or his subordinate. A judgment acquitting the custodian does not preclude claiming compensation from hCivil Matters — Volume 11 · Source page ٣٠

  10. التعويض المبني على نظرية أعمال الأمير

    Principle 112Liability of the custodian of a thing. It rests on presumed fault in custody that cannot be rebutted. The custodian’s proof that he committed no fault or exercised the requisite care and precaution so that the thing woulCivil Matters — Volume 11 · Source page ٣٠

  11. التعويض عن القرارات الإدارية المعيبة

    Principle 113A claim for compensation based on the theory of acts of the sovereign. Its condition. Fulfilment of all its conditions. An example of the absence of the condition that the contracting party sustain special damage not shaCivil Matters — Volume 11 · Source page ٣٠
  12. Principle 115The administrative contract. Its nature. Its subjection to a special regime. Its inclusion of unusual and exceptional terms. The reason. Therefor is to safeguard public services. - The administration's right to impose fiCivil Matters — Volume 11 · Source page ٣١
  13. Principle 116The Administrative Circuit. It has jurisdiction over actions for compensation for defective administrative decisions, whether brought before it as principal or ancillary actions.Civil Matters — Volume 11 · Source page ٣١
  14. Principle 117Judgment annulling the municipality’s two decisions refusing to renew a bakery licence and awarding compensation. The basis of this compensation. The municipality’s two erroneous decisions as the fundamental issue contesCivil Matters — Volume 11 · Source page ٣١
  15. Principle 118The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to adjudicate actions for compensation for harm arising from defective decisions, even if brought before it independently as originaCivil Matters — Volume 11 · Source page ٣١
  16. Principle 119Compensation for an administrative decision contrary to law. Its nature. It is not a salary but an obligation for an amount assessed by the court as a lump sum, without the character of periodicity and renewal. The effecCivil Matters — Volume 11 · Source page ٣١
  17. Principle 120The general rule is that the courts possess general jurisdiction to adjudicate all civil and commercial disputes, except those excluded by a special provision in the Constitution or the law. An example concerning compensCivil Matters — Volume 11 · Source page ٣٢
  18. Principle 121Judicial police acts for which the State is not liable. Their nature. An example.Civil Matters — Volume 11 · Source page ٣٢
  19. Principle 122The Administrative Circuit of the Court of First Instance has exclusive jurisdiction to adjudicate applications submitted by individuals or bodies for annulment of final administrative decisions and compensation for damaCivil Matters — Volume 11 · Source page ٣٢
  20. Principle 123The administration’s liability to compensate damage arising from its administrative decisions is contingent upon its decision being defective. - Inference of fault giving rise to liability. A matter for the trial court. Civil Matters — Volume 11 · Source page ٣٢
  21. Principle 124Claims for compensation brought by individuals for damage arising from defective administrative decisions. Fall within the jurisdiction of the Administrative Circuit.Civil Matters — Volume 11 · Source page ٣٢
  22. Principle 126The criterion for holding the administration liable to pay compensation for its decisions. Its nature. - Inferring fault giving rise to liability. A matter for the trial court, provided the inference is reasonable. ExampCivil Matters — Volume 11 · Source page ٣٢
  23. Principle 127Holding the administration liable in compensation for administrative decisions. Its prerequisite. Fault consisting in its issuance of an unlawful administrative decision or its refusal to issue one without justification.Civil Matters — Volume 11 · Source page ٣٣
  24. Principle 128The administration’s liability to compensate for damage arising from its administrative decisions. Its condition. That its decision be defective.Civil Matters — Volume 11 · Source page ٣٣
  25. Principle 129The administration's liability for administrative decisions. Its prerequisite. - Compensation for an administrative decision contrary to law. Its nature. - Determining the extent of the injured party's contribution to caCivil Matters — Volume 11 · Source page ٣٣
  26. Principle 130Termination of the appellant's service for absence from work for fifteen days. Establishment that she reported her illness from the beginning of the absence and was authorized to rest for one week. Deduction of this periCivil Matters — Volume 11 · Source page ٣٣
  27. Principle 131Acts of the administrative authority. They are not invariably considered administrative decisions falling within the jurisdiction of the Administrative Circuit. Drawing attention to the rule of law. Not considered an admCivil Matters — Volume 11 · Source page ٣٣
  28. Principle 132The administration’s liability to pay compensation for its decisions. Its basis: fault on its part in issuing an unlawful decision or refraining from taking a decision it was required to take under laws or regulations, rCivil Matters — Volume 11 · Source page ٣٣
  29. Principle 133The administration's liability for administrative decisions issued by it. Its prerequisite. Fault on its part, damage befalling the interested party, and a causal relationship between the fault and the damage. An award oCivil Matters — Volume 11 · Source page ٣٤
  30. Principle 134The absence of any provision in the Constitution, Law No. 23 of 1968 concerning the Police Force System, or Decree-Law No. 136 of 1992 promulgating the Military Trials and Penalties Law assigning particular courts to adjCivil Matters — Volume 11 · Source page ٣٤
  31. Principle 135The Administrative Circuit of the Court of First Instance has exclusive jurisdiction to hear administrative disputes, including applications submitted by individuals or bodies for annulment of final administrative decisiCivil Matters — Volume 11 · Source page ٣٤
  32. Principle 136The administration’s liability together with the employee toward the injured party on the basis of a superior’s liability for the acts of his subordinate. It may not have recourse against this employee for the amount awaCivil Matters — Volume 11 · Source page ٣٥
  33. Principle 137Withdrawal of a decision terminating an employee's service for absence, although resulting in the employment relationship being deemed subsisting and the period of service continuous, does not entail the employee's entitCivil Matters — Volume 11 · Source page ٣٥
  34. Principle 138The administration's liability for compensation. Its prerequisite: proof of fault on its part consisting in its issuance of an unlawful decision that resulted in damage, and the existence of a causal relationship betweenCivil Matters — Volume 11 · Source page ٣٥
  35. Principle 139The general rule is that an employee’s taking leave is subject to the administrative authority’s discretion, without judicial review thereof. Exception: it has no power in this regard if its conduct involves depriving hiCivil Matters — Volume 11 · Source page ٣٥
  36. Principle 140The right of an employee who submits his candidacy to contest Municipal Council elections to special leave for 1 month. One of the rights established by operation of law. The administration has no discretionary authorityCivil Matters — Volume 11 · Source page ٣٥
  37. Principle 141Administrative decision: an act by which the administrative authority expresses its binding will through its power under laws, decisions and regulations, with the intention of producing a particular legal effect. Its impCivil Matters — Volume 11 · Source page ٣٦
  38. Principle 142The prerequisite for the administration's liability for the decisions it issues: fault on its part in that the administrative decision is unlawful, damage befalls the person concerned, and a causal relationship exists beCivil Matters — Volume 11 · Source page ٣٦

  39. التعويض عن الأضرار التي تلحق بالمرافق والممتلكات العامة

    Principle 143A defect of lack of competence or form which may vitiate a decision and lead to its annulment. Does not invariably and necessarily constitute a basis for compensation unless the ground affects the substance of the decisiCivil Matters — Volume 11 · Source page ٣٦
  40. Principle 144Compliance with safety regulations to avoid damage to property, public utilities, or public wealth resources. The sanction for its violation. The employer, main contractor, and subcontractor are jointly and severally oblCivil Matters — Volume 11 · Source page ٣٦
  41. Principle 146What is awarded in consideration of preventing a public utility from providing its services is compensation in its true meaning and not a criminal penalty.Civil Matters — Volume 11 · Source page ٣٧
  42. Principle 147Compensation for damage caused to public property and facilities. Expenses of repair and restoration to their former condition, including administrative expenses. Are elements of compensation.Civil Matters — Volume 11 · Source page ٣٧
  43. Principle 148Assessment of compensation for incidents causing damage to public utilities, property and resources of public wealth. The legislature’s entrusting this to committees for recording conditions does not deprive the courts oCivil Matters — Volume 11 · Source page ٣٧
  44. Principle 149Entrusting inspection and assessment of appropriate compensation for incidents causing damage to public facilities, public property and public wealth resources to committees for recording existing conditions does not depCivil Matters — Volume 11 · Source page ٣٧
  45. Principle 150Compensation for preventing a public utility from providing its services. Its nature. And the person obliged to pay it.Civil Matters — Volume 11 · Source page ٣٧

  46. التعويض عن نزع الملكية والغصب

    Principle 151The competence of the fact-recording committees to record the state of incidents causing damage to public utilities, property and wealth resources, and to make a final assessment of the compensation due for the resultingCivil Matters — Volume 11 · Source page ٣٧
  47. Principle 152Usurpation is an unlawful act. Compensation for it must redress the harm resulting from it up to the date of judgment.Civil Matters — Volume 11 · Source page ٣٨
  48. Principle 153Usurpation in the Mejelle of Judicial Provisions. Its definition. - Taking possession of land and using it under an interpretation of a contract pursuant to the provisions of the Mejelle. Does not entail an obligation toCivil Matters — Volume 11 · Source page ٣٨
  49. Principle 154Assessment of compensation making good the damage. Within the authority of the court of merits. - Taking guidance, in assessing damage, from a contract that was in force between the injured party and another concerning tCivil Matters — Volume 11 · Source page ٣٨
  50. Principle 155The owner of real property taken otherwise than through lawful means is in the position of a person injured by an unlawful act. The administration that carried out this usurpation is obliged to redress the harm in full. Civil Matters — Volume 11 · Source page ٣٨
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