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. - بالمقاصة

    Principle 1875Effecting judicial set-off. It must be raised as an incidental claim in the original action. Seeking it as a defense to the opposing party's action or for the first time on appeal. Impermissible. - Raising judicial set-oCivil Matters — Volume 11 · Source page ٣٥٨
  2. Principle 1876Stay of proceedings pursuant to Article 90 of the Code of Procedure. Its prerequisite. - The trial court may ascertain the degree of seriousness of what is raised concerning the preliminary issue and the extent of its coCivil Matters — Volume 11 · Source page ٣٥٨
  3. Principle 1877Legal set-off where its conditions are met. It may be requested by way of a defense by the defendant in the action brought against him by the claimant to demand a debt owed by him. Requesting it by way of an incidental cCivil Matters — Volume 11 · Source page ٣٥٨
  4. Principle 1878Request for set-off. Its manner. Submission in the form of an incidental claim. It may not be raised in the form of a defence and for the first time before the Court of Appeal. - 358 - ObligationCivil Matters — Volume 11 · Source page ٣٥٨
  5. Principle 1880Judicial set-off. Requirements for effecting it. It must be raised as an incidental claim submitted by the defendant in response to the original action. Seeking it as a defence or seeking it for the first time before theCivil Matters — Volume 11 · Source page ٣٥٩
  6. Principle 1881Statutory set-off. Conditions of the debt. - The trial judge has authority to determine whether or not the requirements of statutory set-off are satisfied.Civil Matters — Volume 11 · Source page ٣٥٩
  7. Principle 1882Effecting set-off between what is due from the debtor in respect of purchased debts and what is due to him or his minor children as compensation for damage to their property resulting from the Iraqi invasion. What that rCivil Matters — Volume 11 · Source page ٣٥٩
  8. Principle 1883The debtor has the right to set off what he owes his creditor against what is due to him from that creditor whenever its conditions are met. The nature of those conditions. - The debtor is not compelled to pay a disputedCivil Matters — Volume 11 · Source page ٣٥٩
  9. Principle 1884Judicial set-off. How it is raised. It is not a condition for effecting it that each of the two debts be undisputed and of a known amount. Example. - 359 - ObligationCivil Matters — Volume 11 · Source page ٣٥٩
  10. Principle 1885Judicial set-off. It is a condition for effecting it that it be raised in the form of an incidental claim submitted by the defendant in response to his opponent's original action. It may not be sought in the form of a deCivil Matters — Volume 11 · Source page ٣٦٠
  11. Principle 1886Legal, consensual, and judicial set-off. The nature of each. Example of judicial set-off.Civil Matters — Volume 11 · Source page ٣٦٠
  12. Principle 1887Judicial set-off. The requirements for effecting it. Seeking it for the first time on appeal or in the form of a defense to the opponent’s action. Impermissible.Civil Matters — Volume 11 · Source page ٣٦٠
  13. Principle 1888The debtor has the right to set off what he owes his creditor against what is owed to him by that creditor whenever its conditions are fulfilled. The nature of those conditions. - The debtor is not compelled to pay a disCivil Matters — Volume 11 · Source page ٣٦٠
  14. Principle 1889Effecting set-off. Its condition. It must be raised in the form of an incidental claim. The claim may not be raised for the first time before the Court of Appeal. The reason for this.Civil Matters — Volume 11 · Source page ٣٦٠
  15. Principle 1890Competing and multiple bequests, the absence of conflict between them or revocation thereof, the insufficiency of one-third of the estate to satisfy them, and the heirs' failure to approve the excess. Its effect: divisioCivil Matters — Volume 11 · Source page ٣٦٠
  16. Principle 1891A debtor owing multiple debts of the same kind to one creditor. He may choose the debt he wishes to discharge by deduction from them or by setting them off against a corresponding debt owed to him by the creditor, unlessCivil Matters — Volume 11 · Source page ٣٦٠
  17. Principle 1892Assignment of a right. The debtor's acceptance of the assignment without reservation. Its effect. The debtor may not invoke against the assignee set-off between the debt owed to the debtor by the creditor and the debt owCivil Matters — Volume 11 · Source page ٣٦١
  18. Principle 1893Judicial set-off. Its condition: it must be raised in the form of an incidental claim submitted by the defendant in response to his opponent’s original action. It may not be sought in the form of a defense to the opponenCivil Matters — Volume 11 · Source page ٣٦١
  19. Principle 1894The debtor has the right to set off what he owes his creditor against what is owed to him by that creditor whenever its conditions are fulfilled. The nature of those conditions.Civil Matters — Volume 11 · Source page ٣٦١
  20. Principle 1895A worker may borrow from the employer, with set-off effected between the wage and that loan. - It is impermissible to deduct more than 10% of the worker’s wage in satisfaction of debts or loans owed by him to the employeCivil Matters — Volume 11 · Source page ٣٦١
  21. Principle 1896The complaint against the challenged judgment for relying on the expert's report, which did not specify the third respondent's entitlements held by him, in respect of which it concluded that the first respondent had effeCivil Matters — Volume 11 · Source page ٣٦١
  22. Principle 1897Judicial set-off. Its condition: it must be presented in the form of an incidental claim submitted by the defendant in response to - 361 - Obligation his opponent's original action. It may not be sought in the form of a Civil Matters — Volume 11 · Source page ٣٦١
  23. Principle 1898Use of compensation due to a debtor subject to the Indebtedness Law, immediately upon its receipt, for immediate cash repayment of his indebtedness. An exception to the provisions on set-off contained in the Civil Code. Civil Matters — Volume 11 · Source page ٣٦٢
  24. Principle 1899Judicial set-off. What is required for effecting it. Raising it by way of an incidental claim submitted by the defendant in response to the original action. Requesting it by way of a defense or requesting it for the firsCivil Matters — Volume 11 · Source page ٣٦٢
  25. Principle 1900The debtor has the right to set off what he owes his creditor against what that creditor owes him whenever its conditions are met. The nature of those conditions. - The debtor is not compelled to pay a disputed debt or oCivil Matters — Volume 11 · Source page ٣٦٢
  26. Principle 1902A current account. It requires indivisibility while it is operating. Effect thereof. There is neither a creditor nor a debtor, and payment of its individual entries may not be demanded before its closure and determinatioCivil Matters — Volume 11 · Source page ٣٦٣
  27. Principle 1903The appellants’ request to effect set-off between amounts due to the estate and other amounts due to the company declared bankrupt, for which the Public Investment Authority was appointed administrator in bankruptcy. ItsCivil Matters — Volume 11 · Source page ٣٦٣

  28. - انقضاؤه بالإبراء

    Principle 1904The principle is that the court determines the incidental claim and the principal claim together. If the incidental claim is not ready for determination together with the principal action. The court must not delay determCivil Matters — Volume 11 · Source page ٣٦٣
  29. Principle 1906The principal’s release of the agent from the obligation to render an account of his acts. Applies to commercial agency. The basis thereof.Civil Matters — Volume 11 · Source page ٣٦٣
  30. Principle 1908Cause is an essential element of every voluntary juridical act, whether a contract or a unilateral act of will, and is the first direct purpose of the act together with the impelling motive. - Absence of the cause of theCivil Matters — Volume 11 · Source page ٣٦٤
  31. Principle 1909A liability action brought by a shareholding company against the chairman and members of its board of directors. Cases in which it is brought. The general assembly's discharge of the board of directors. Does not precludeCivil Matters — Volume 11 · Source page ٣٦٤
  32. Principle 1912Release in law. A voluntary relinquishment by the creditor of all or part of his right without consideration, by express or implied intention, with evidence establishing that intention. What does not constitute such releCivil Matters — Volume 11 · Source page ٣٦٤
  33. Principle 1913The debtor in an action for receipt of what is not due is the creditor who recovers what he paid without entitlement.Civil Matters — Volume 11 · Source page ٣٦٤
  34. Principle 1914The creditor’s release of the debtor. Its effect. Extinguishment of the debt and its guarantee. The basis for this. The guarantor’s obligation is accessory to the principal obligation. - 364 - ObligationCivil Matters — Volume 11 · Source page ٣٦٤
  35. Principle 1915Release is a purely gratuitous disposition by the creditor. - The cause of a gratuitous disposition is donative intent motivated by affection, compassion, or benevolence. Absence of this intent on the part of an injured Civil Matters — Volume 11 · Source page ٣٦٥
  36. Principle 1916Waiver of certain debts as a result of an amicable settlement procedure. Does not discharge the surety.Civil Matters — Volume 11 · Source page ٣٦٥
  37. Principle 1917A transfer of debt is an agreement to transfer it from the patrimony of one debtor to another who takes his place. It may be concluded between the creditor and the transferee debtor, or between the original debtor and thCivil Matters — Volume 11 · Source page ٣٦٥
  38. Principle 1918Release is a legal disposition involving waiver of the debt or part thereof without consideration. No particular form is required for it. - Inferring the existence or absence of an intention to release is a matter of facCivil Matters — Volume 11 · Source page ٣٦٥
  39. Principle 1919Discharge of the debtor from a monetary debt by tendering it to his creditor during the hearing. Its condition. The tender must consist of money and nothing else. - The obligation of the drawer of a cheque. When it is exCivil Matters — Volume 11 · Source page ٣٦٥
  40. Principle 1920An agreement to settle the price by documentary credit is performed merely by opening the credit. - The system of opening a credit. A means of protection against possible bad faith by either party. Its effect. Merely opeCivil Matters — Volume 11 · Source page ٣٦٥
  41. Principle 1921Maintenance during the waiting period. Spousal maintenance and considered a strong debt in the school of Imam Malik, so it is extinguished only by payment or release, and Law 51/1984 does not apply to it for the period pCivil Matters — Volume 11 · Source page ٣٦٦
  42. Principle 1923Liability action. A joint-stock company may bring it against the chairman and members of the board of directors. Cases thereof. Articles 148, 149, 204 of the Companies Law. A vote by the general assembly discharging the Civil Matters — Volume 11 · Source page ٣٦٦
  43. Principle 1924The insurer and the third party responsible for the accident are liable for the compensation debt, although the source of each one’s obligation differs. The difference in that source for each of them. Its effect. Their cCivil Matters — Volume 11 · Source page ٣٦٦
  44. Principle 1925Release is a voluntary relinquishment by the creditor of his right or part of his right without consideration. It proceeds from the creditor’s intention, expressly or implicitly.Civil Matters — Volume 11 · Source page ٣٦٦
  45. Principle 1926Severance of a compound admission. Generally impermissible. Admission of the debt while invoking release. Two facts with no - 366 - Obligation connection between them. Its effect. The creditor may sever the admission andCivil Matters — Volume 11 · Source page ٣٦٦
  46. Principle 1927The maintenance forfeited through khulʿ divorce is that whose relinquishment was stipulated. The wife’s waiver, in the attestation of khulʿ divorce, of waiting-period maintenance, consolatory compensation, and the deferrCivil Matters — Volume 11 · Source page ٣٦٧
  47. Principle 1928The entitlement to maintenance of a woman observing a waiting period following divorce, annulment, or consummation of an invalid marriage or intercourse under a mistaken belief of lawfulness does not lapse except by paymCivil Matters — Volume 11 · Source page
  48. Principle 1929Release. Its nature: a legal disposition relinquishing a debt or part thereof without consideration. Such release requires the creditor’s intention, expressly or implicitly, through acceptance of an act or procedure thatCivil Matters — Volume 11 · Source page
  49. Principle 1930Release. Its nature. Application to it of the substantive rules governing donations. - The element of cause in donations, whether contractual or by unilateral will. Its nature. Donative intent on the part of the injured Civil Matters — Volume 11 · Source page
  50. Principle 1931Maintenance during the waiting period. Considered a debt owed by the husband from the time it becomes obligatory. It is extinguished only by payment or release. Article 163, Law 51/1984. - Breastfeeding remuneration is cCivil Matters — Volume 11 · Source page
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