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. - انقضاؤه بالإبراء

    Principle 1932A creditor's release of his debtor. The obligation is extinguished thereby. Condition thereof. The creditor must have acquired the right subject to release and it must have vested in him. Reason: a right may not be waiveCivil Matters — Volume 11 · Source page ٣٦٨
  2. Principle 1933Release is a purely gratuitous disposition by the creditor, to which the substantive provisions governing gratuitous dispositions apply. Its implication. The judgment’s consequent ruling ordering the appellant to pay 100Civil Matters — Volume 11 · Source page ٣٦٨
  3. Principle 1934Release is a voluntary relinquishment by the creditor of his right or part thereof without consideration. It must proceed from the creditor’s express or implied intention. The nature of implied relinquishment. The effectCivil Matters — Volume 11 · Source page ٣٦٨
  4. Principle 1935Maintenance during the waiting period. It is obligatory for a woman observing a waiting period following divorce, annulment, or consummation of an invalid marriage or intercourse under a mistaken belief of lawfulness. SuCivil Matters — Volume 11 · Source page ٣٦٨

  5. - انقضاء الالتزام باستحالة تنفيذه

    Principle 1936Release. It is a purely gratuitous disposition by the creditor to which the provisions governing gifts apply. The basis for this. - The element of cause in gifts. What matters is the intention motivated by affection, comCivil Matters — Volume 11 · Source page ٣٦٨
  6. Principle 1937Non-performance of an obligation gives rise to 2 types of compensation owed by the debtor: compensation for non-performance and compensation for delay in performance. If it is established that performance became impossibCivil Matters — Volume 11 · Source page ٣٦٩
  7. Principle 1938Inferring actual impossibility of performance of the obligation or the absence of impossibility. Within the authority of the trial court.Civil Matters — Volume 11 · Source page ٣٦٩
  8. Principle 1939Impossibility of performance that results in extinguishment of the obligation. May be factual or legal. Factual impossibility. A matter of fact.Civil Matters — Volume 11 · Source page ٣٦٩
  9. Principle 1941Actual impossibility of performing the obligation to return. Inferring it. Within the authority of the court of fact.Civil Matters — Volume 11 · Source page ٣٦٩
  10. Principle 1942Total destruction of the leased property during the period for which rent is claimed, for a cause attributable to neither contracting party. Its implication. Automatic dissolution of its lease by operation of law for absCivil Matters — Volume 11 · Source page ٣٦٩
  11. Principle 1943Extinction of an obligation in contracts binding on both parties owing to impossibility of performance. Its condition.Civil Matters — Volume 11 · Source page ٣٦٩
  12. Principle 1944Impossibility of performance by which the obligation is extinguished. What is meant by impossibility. Inferring impossibility. A matter of fact.Civil Matters — Volume 11 · Source page ٣٦٩
  13. Principle 1945Doctrine of unforeseen circumstances. Its conditions: the occurrence of an exceptional general calamity that was not contemplated and could not have been anticipated when contracting, and that rendered performance of theCivil Matters — Volume 11 · Source page ٣٦٩
  14. Principle 1946The debtor’s obligation. Its extinction if, after it arises, something occurs that renders its performance impossible through an extraneous cause, such as force majeure. It is immaterial whether the impossibility is legaCivil Matters — Volume 11 · Source page ٣٧٠
  15. Principle 1947Force majeure relieving the debtor of liability. Its nature and conditions. - Assessment of whether evidence establishes force majeure. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page ٣٧٠
  16. Principle 1948The obligation is extinguished by impossibility of its performance owing to an extraneous cause beyond the debtor's control. Its effect. The creditor does not obtain satisfaction of his right either in kind or by an equiCivil Matters — Volume 11 · Source page ٣٧٠
  17. Principle 1949An obligation required to be performed within a specified period. The occurrence of force majeure rendering its performance impossible during the time in which performance is required. Its effect. It is regarded as an unCivil Matters — Volume 11 · Source page ٣٧٠
  18. Principle 1950Treating an event as force majeure extinguishing the contractual obligation. Its condition. The criterion relied upon in this regard. Objective, not subjective. Assessment of whether force majeure in this sense exists. WCivil Matters — Volume 11 · Source page ٣٧٠
  19. Principle 1951Force majeure occurring during the period specified for performance of the obligation. It is considered an unforeseen circumstance rendering performance impossible and extinguishing the debtor’s obligation without his beCivil Matters — Volume 11 · Source page ٣٧٠
  20. Principle 1952Force majeure occurring at the time specified for performance of the obligation. Its effect. Extinguishment of the debtor's obligation without his bearing the consequences of its nonperformance. - Temporary impossibilityCivil Matters — Volume 11 · Source page ٣٧١
  21. Principle 1953Force majeure rendering performance of the obligation factually or legally impossible throughout the time during which performance is required. Its effect. Extinction of the obligation without the debtor bearing the consCivil Matters — Volume 11 · Source page ٣٧١
  22. Principle 1954The foundation of the theory of circumstances unforeseen circumstances is that circumstances or events arise during performance of the contract which were not foreseeable when it was concluded, making performance of the Civil Matters — Volume 11 · Source page ٣٧١
  23. Principle 1955Impossibility of performance resulting in extinguishment of the obligation. It is objective impossibility relating to the obligation itself, not to the person of the debtor, and rendering performance absolutely impossiblCivil Matters — Volume 11 · Source page ٣٧١
  24. Principle 1956Impossibility of performance resulting in extinguishment of the obligation. It must arise after the obligation comes into existence, owing to an extraneous cause rendering performance of the obligation permanently and abCivil Matters — Volume 11 · Source page ٣٧٢
  25. Principle 1957Unforeseen circumstances. Their nature. Assessment of the hardship imposed on the debtor. Within the authority of the trial court. The condition for this. - Reducing the onerous obligation to a reasonable limit. A discreCivil Matters — Volume 11 · Source page ٣٧٢
  26. Principle 1958Impossibility of performance owing to force majeure resulting in the automatic dissolution of the contract and the extinction of the obligations arising therefrom. Its scope. The contract must be in existence at the timeCivil Matters — Volume 11 · Source page ٣٧٢
  27. Principle 1959Extinction of an obligation. Its condition. That, after it arises, an extraneous cause beyond the debtor’s control supervenes, rendering its performance impossible. What is required for impossibility. Personal circumstanCivil Matters — Volume 11 · Source page ٣٧٢
  28. Principle 1960Extinguishment of an obligation through legal or factual impossibility of its performance. Inferring factual impossibility. A matter of fact within the authority of the court of merits. The condition for this.Civil Matters — Volume 11 · Source page ٣٧٢
  29. Principle 1961Assessment of whether performance of the obligation has become onerous. Within the authority of the court of fact, which may adopt the expert report submitted in the action whenever it is satisfied with it. - 372 - ObligCivil Matters — Volume 11 · Source page ٣٧٢
  30. Principle 1962Force majeure occurring during the contract term and making performance of the obligation impossible throughout the time. Temporary impossibility. Its effect.Civil Matters — Volume 11 · Source page ٣٧٣
  31. Principle 1963Temporary impediment. Its nature. Its scope. Its conditions. Its effect in suspending performance of contracts.Civil Matters — Volume 11 · Source page ٣٧٣
  32. Principle 1965Impossibility of performance by which the obligation is extinguished. What is meant is absolute impossibility. Inferring that. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page ٣٧٣
  33. Principle 1967Extinction of an obligation owing to impossibility of performance. Condition of impossibility: it must be permanent and absolute for everyone, not for some to the exclusion of others. Personal circumstances surrounding tCivil Matters — Volume 11 · Source page ٣٧٣
  34. Principle 1968Application of the doctrine of unforeseen circumstances. Its prerequisite. Performance of the debtor’s obligation must become onerous for him as a result of the unforeseen event.Civil Matters — Volume 11 · Source page ٣٧٣
  35. Principle 1969Extinction of an obligation. Its condition: after its creation, an external cause in which the debtor has no part must supervene, rendering its performance permanently and absolutely impossible for everyone. Example of aCivil Matters — Volume 11 · Source page ٣٧٣
  36. Principle 1970The debtor’s obligation is extinguished if, after it arises, something occurs that renders its performance permanently and absolutely impossible owing to a cause extraneous to him. Absence thereof. Its effect. - 373 - ObCivil Matters — Volume 11 · Source page ٣٧٣
  37. Principle 1971Impossibility of performing a contract binding on both parties owing to the thing sold passing out of the seller's ownership to another who registered his contract. Its effect. Its rescission. - The buyer's withholding oCivil Matters — Volume 11 · Source page ٣٧٤
  38. Principle 1972Factual or legal impossibility of performing an obligation required to be performed at a specified time, throughout the time for its performance, as a result of force majeure. Its effect. Its extinguishment without the dCivil Matters — Volume 11 · Source page ٣٧٤
  39. Principle 1973The debtor's failure to perform his contractual obligation. A fault giving rise to his liability. His proof that nonperformance is attributable to force majeure, an external cause beyond his control, or the fault of the Civil Matters — Volume 11 · Source page ٣٧٤
  40. Principle 1974Destruction of or damage to the leased property. The lessee is not liable therefor if it occurred through fault for which he is not liable. - The extraneous cause exempting the debtor from the obligation to pay compensatCivil Matters — Volume 11 · Source page ٣٧٤
  41. Principle 1975Termination of the contract for works by impossibility of performance for a reason beyond either party’s control. Effect thereof. The obligations of both parties are extinguished, the contract for works is rescinded autoCivil Matters — Volume 11 · Source page ٣٧٤
  42. Principle 1976Assessment of whether the exceptional event was foreseeable, the extent of its effect on the disputed transaction, and whether performance of the obligation has become onerous. Within the authority of the court of fact. Civil Matters — Volume 11 · Source page ٣٧٥
  43. Principle 1977Extinction of an obligation owing to impossibility of its performance. Condition of impossibility: it must be absolute for everyone, not for some to the exclusion of others. Absence thereof. Its effect. The obligation isCivil Matters — Volume 11 · Source page ٣٧٥
  44. Principle 1978The debtor’s failure to perform its contractual obligation. A fault giving rise to liability unless the debtor proves that non-performance is attributable to force majeure, an extraneous cause, or the other contracting pCivil Matters — Volume 11 · Source page ٣٧٥
  45. Principle 1979The contract of carriage by sea. It is not extinguished, nor does the sea carrier’s liability end, except by actual delivery of the goods, complete and intact, to the consignee or his representative at the appointed timeCivil Matters — Volume 11 · Source page ٣٧٥
  46. Principle 1980The subject matter of an obligation. The condition that its performance be possible. The debtor undertaking what is impossible. Its effect. Nullity of the obligation and nullity of the contract creating it. Example.Civil Matters — Volume 11 · Source page ٣٧٥
  47. Principle 1981Extinction of the obligation. Its condition: after it arises, an extraneous cause in which the debtor has no part must occur, rendering its performance impossible. It makes no difference whether the impossibility is factCivil Matters — Volume 11 · Source page
  48. Principle 1982Force majeure occurring during the period specified for performance of the obligation. Its effect: impossibility of performing the obligation and its extinction. - Cessation of temporary impossibility does not extinguishCivil Matters — Volume 11 · Source page
  49. Principle 1983Doctrine of unforeseen circumstances. Prerequisite for its application: performance of the debtor's obligation must, as a result of the unforeseen event, become severely onerous for him, exceeding his capacity and causinCivil Matters — Volume 11 · Source page
  50. Principle 1984When actions arising from an insurance contract become time-barred. Prescription of insurance actions. It concerns the substance of the right and is governed, as regards its temporal operation, by Article Five of the CivCivil Matters — Volume 11 · Source page
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