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. - بالوفاء

    Principle 1819The judge may - unless prohibited by a provision of law - grant the debtor a period of grace to pay his debt if its conditions are met and it does not cause serious harm to the creditor. The debtor's circumstances must wCivil Matters — Volume 11 · Source page ٣٤٩
  2. Principle 1820Payment of a debt. Effect thereof. Subrogation of the payer to the creditor’s rights. - The insurer and the third party responsible for the car accident. The source of each one’s obligation to compensate differs: the forCivil Matters — Volume 11 · Source page ٣٤٩
  3. Principle 1821Recourse by a third party who is not obliged to pay, for what he has paid on behalf of the debtor, by a personal action, whether based on management of another’s affairs without mandate or unjust enrichment. Its conditioCivil Matters — Volume 11 · Source page ٣٤٩
  4. Principle 1822Statutory subrogation of the person paying the debt to the creditor’s position pursuant to Article 394 Civil. Its condition: payment must have been made by a person who is not a debtor, thus paying a debt owed by the debCivil Matters — Volume 11 · Source page ٣٤٩
  5. Principle 1823The lessee’s payment of rent for the leased property on its due dates. Mandatory as long as he enjoys it. A third party’s interference with him and deprivation of his enjoyment thereof on a legal ground. Its effect. He mCivil Matters — Volume 11 · Source page ٣٥٠
  6. Principle 1824Validity of payment of a debt. Its condition. That it be made to the creditor. Payment to someone other than the creditor. Its effect. The debtor is not discharged unless the creditor ratifies that payment or derives a bCivil Matters — Volume 11 · Source page ٣٥٠
  7. Principle 1825Payment of a debt. Effected by the debtor directly depositing it or taking the procedure alternative to deposit in accordance with the provisions of the Code of Procedure. Among its instances. The emergence of new reasonCivil Matters — Volume 11 · Source page ٣٥٠

  8. - بالوفاء بمقابل

    Principle 1826Tender and deposit, where the subject is money or another thing that can readily be delivered without difficulty to the creditor at his original domicile or place of work. The manner thereof: by following the steps stipuCivil Matters — Volume 11 · Source page ٣٥٠
  9. Principle 1827Payment by substitute performance. The condition for its existence - Agency: its conclusion is not considered payment by substitute performance and does not result in extinction of the obligation by an equivalent of paymCivil Matters — Volume 11 · Source page ٣٥٠
  10. Principle 1829Inferring the concurrence of the parties’ intentions on payment in lieu, or negating it. A matter of fact within the exclusive province of the court of merits, provided its inference is reasonable.Civil Matters — Volume 11 · Source page ٣٥١

  11. - باتحاد الذمة

    Principle 1830Payment is to be of the debt itself. The creditor and debtor may agree that payment shall be made with another thing in exchange for the debt. The effect thereof: extinction of the debt by substituted performance, dischaCivil Matters — Volume 11 · Source page ٣٥١

  12. - بالتجديد

    Principle 1831Termination of a lease upon expiry of its term, on an excusing ground, or upon transfer of ownership of the leased property to the lessee. - Transfer of ownership of the leased property to the lessee. Its effect. The capCivil Matters — Volume 11 · Source page ٣٥١
  13. Principle 1834Novation of an obligation. Its nature. Issuance of a judgment for the debt does not constitute novation. The basis thereof. - 351 - ObligationCivil Matters — Volume 11 · Source page ٣٥١
  14. Principle 1835Novation of a debt. Its effect. The original obligation is extinguished and a new obligation arises in its place.Civil Matters — Volume 11 · Source page ٣٥٢
  15. Principle 1837Novation of an obligation. Its condition. The absence of grounds of invalidity in both the old and the new obligations. The reason for this.Civil Matters — Volume 11 · Source page ٣٥٢
  16. Principle 1838Invoking novation of the debt and objecting to the expert's report. Matters of fact that may not be raised for the first time before the Court of Cassation.Civil Matters — Volume 11 · Source page ٣٥٢
  17. Principle 1839A cheque is, in principle, an instrument for payment of an existing debt, and the drawer, if he alleges otherwise, bears the burden of proving what he alleges. Example.Civil Matters — Volume 11 · Source page ٣٥٢
  18. Principle 1840Novation of an obligation. A contract in which the intention to novate must be express or, at least, clear so that there is no room for doubt concerning it.Civil Matters — Volume 11 · Source page ٣٥٢
  19. Principle 1841Novation is a contract in which it is agreed to extinguish a previous obligation and replace it with a new obligation differing from the first in its parties, subject matter, or cause. - Novation is not presumed but mustCivil Matters — Volume 11 · Source page ٣٥٢
  20. Principle 1842Novation of an obligation. Condition for its existence. The existence of two successive obligations, the new one replacing the old and differing from it in its subject matter or source, or through a change of debtor or cCivil Matters — Volume 11 · Source page ٣٥٢
  21. Principle 1843Assignment of a right intended to discharge a debt owed by the assignor. Payment in kind of the right assigned to him. Its effect: transfer of the assigned right from the patrimony of the debtor-assignor to the patrimonyCivil Matters — Volume 11 · Source page ٣٥٣
  22. Principle 1844Novation of an obligation by substitution of the debtor. How it is effected. Its effect. It is treated as performance, whereby the original obligation is extinguished and a new obligation having no connection with the olCivil Matters — Volume 11 · Source page ٣٥٣
  23. Principle 1845The rule that merely entering an obligation in the current account is not considered a novation thereof until the account balance is struck. The criterion for its applicability. The intention of the parties to the accounCivil Matters — Volume 11 · Source page ٣٥٣
  24. Principle 1846Intention to novate the obligation. It must be express in the contract. Its inference. Within the authority of the trial court.Civil Matters — Volume 11 · Source page ٣٥٣
  25. Principle 1847Novation of an obligation. Its manner: specifying the debt in its subject matter or its source, or changing the debtor. - Novation is not presumed. Its implication. The intention to novate must be express and clear in thCivil Matters — Volume 11 · Source page ٣٥٣
  26. Principle 1848Novation of an obligation. Its nature. A contract in which the parties agree to replace the original obligation with a new obligation differing from it in its subject matter or source. Merely drawing up an instrument forCivil Matters — Volume 11 · Source page ٣٥٣
  27. Principle 1849Novation of an obligation. Its condition. Both the old and the new obligations must be free from grounds of nullity. Reason therefor. The old obligation's being void entails the nullity of the new obligation for absence Civil Matters — Volume 11 · Source page ٣٥٤
  28. Principle 1850Novation of an obligation. Its condition. Express agreement thereto in the contract, or a clear intention to novate leaving no room for doubt. Inferring that intention. A question of fact within the exclusive purview of Civil Matters — Volume 11 · Source page ٣٥٤
  29. Principle 1851Novation. Its nature. A contract in which the parties agree to extinguish a prior obligation and replace it with another new obligation differing from the first in one of its essential elements. The implication thereof. Civil Matters — Volume 11 · Source page ٣٥٤
  30. Principle 1852Novation of an obligation is not presumed or inferred from material manifestations devoid of an intention to novate. It must be expressly agreed upon or clearly inferred from the circumstances. Example.Civil Matters — Volume 11 · Source page ٣٥٤
  31. Principle 1853Novation of an obligation. It is a contract in which the parties agree to extinguish a prior obligation and substitute another, new obligation differing from it in its subject matter, source, or parties, and its elementsCivil Matters — Volume 11 · Source page ٣٥٤
  32. Principle 1854Novation of an obligation. Its nature. A contract in which the parties agree to extinguish a previous obligation and replace it with a new obligation differing from the first in one of its essential elements: its partiesCivil Matters — Volume 11 · Source page ٣٥٥
  33. Principle 1855The intention to novate an obligation. Is not presumed. It must be express in the contract. Its ascertainment. Within the authority of the trial court, provided it is reasonable and supported by the case papers. Example.Civil Matters — Volume 11 · Source page ٣٥٥

  34. - بالمقاصة

    Principle 1856Tacit renewal or extension of a lease not subject to exceptional legislation. The legislature distinguished between them. Consequence thereof. The tenant’s continued enjoyment of the leased property with the landlord’s kCivil Matters — Volume 11 · Source page ٣٥٥
  35. Principle 1857Only the closing of the current account results in set-off of all its entries. Interim settlement. Does not result in set-off.Civil Matters — Volume 11 · Source page ٣٥٦
  36. Principle 1858Effecting judicial set-off. Its condition. It must be raised in the form of an incidental claim. Requesting it in the form of a defence or for the first time on appeal. Impermissible.Civil Matters — Volume 11 · Source page ٣٥٦
  37. Principle 1859Voluntary set-off. A juridical act subject to the general rules governing juridical acts. - Judicial set-off. Assessment of the fulfilment of the conditions for its application lies within the authority of the judge of fCivil Matters — Volume 11 · Source page ٣٥٦
  38. Principle 1860A request for judicial set-off. Raising it for the first time before the Court of Appeal. Impermissible.Civil Matters — Volume 11 · Source page ٣٥٦
  39. Principle 1861The insurer’s obligation to compensate the injured party for damage arising from the vehicle. It does not preclude its recourse against him in his capacity as a responsible party, not as an injured party. - The insurer’sCivil Matters — Volume 11 · Source page ٣٥٦
  40. Principle 1862Statutory set-off: its conditions. Determining whether these conditions are or are not met falls within the authority of the court of merits. - 356 - ObligationCivil Matters — Volume 11 · Source page ٣٥٦
  41. Principle 1864The condition for set-off to occur. Each of the two debts must be free from dispute, meaning that it must be certain and of a known amount. - The debtor's mere disputing of the debt is insufficient to render the debt disCivil Matters — Volume 11 · Source page ٣٥٧
  42. Principle 1866Set-off is precluded where the subject matter of one of the obligations is the return of a thing deposited or lent for use. The reason therefor.Civil Matters — Volume 11 · Source page ٣٥٧
  43. Principle 1867Statutory set-off. The conditions that must be satisfied in the debt extinguished thereby.Civil Matters — Volume 11 · Source page ٣٥٧
  44. Principle 1868Judicial set-off is sought by an originating action or raised as an incidental claim.Civil Matters — Volume 11 · Source page ٣٥٧
  45. Principle 1869Judicial set-off does not require each of the two debts to be undisputed and of a known amount. It is not precluded by the fact that the debt of the party requesting it arose before the opposing party’s debt.Civil Matters — Volume 11 · Source page ٣٥٧
  46. Principle 1870Effecting judicial set-off. Its condition. It must be sought by an original action or in the form of an incidental claim. Seeking judicial set-off for the first time before the Court of Appeal. Inadmissible.Civil Matters — Volume 11 · Source page ٣٥٧
  47. Principle 1871Effecting judicial set-off. Its condition. It must be raised as an incidental claim, not as a defence. - Judicial set-off may not be sought for the first time on appeal. - 357 - ObligationCivil Matters — Volume 11 · Source page
  48. Principle 1872Effecting judicial set-off. Its condition. It must be raised in the form of an incidental claim. It may not be sought in the form of a defence to the opposing party’s action. Nor may it be sought for the first time beforCivil Matters — Volume 11 · Source page
  49. Principle 1873Statutory set-off and judicial set-off. The nature of each. - Effecting judicial set-off. Its condition. That it be raised in the form of an incidental claim. Seeking it in the form of a defence. Impermissible.Civil Matters — Volume 11 · Source page
  50. Principle 1874Legal set-off in the case of an obligation to repay a sum of money. Its scope.Civil Matters — Volume 11 · Source page
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