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. تقادم دعوى المسئولية عن العمل غير المشروع ودعوى ضمان أذى النفس

    Principle 1985The Constitution left to the law the regulation of the general rules governing citizens’ rights and duties. The Civil Code regulates limitation of actions for liability for unlawful acts and limitation of compensation acCivil Matters — Volume 11 · Source page ٣٧٦
  2. Principle 1986Lapse of an action for liability for an unlawful act. Its period is three years from the day the injured person learns of the damage and the person liable for it, or fifteen years from the occurrence of the unlawful act.Civil Matters — Volume 11 · Source page ٣٧٦
  3. Principle 1987The action for indemnification for personal injury lapses upon the passage of three years from the occurrence of the accident. The provisions governing liability for unlawful acts apply to this indemnification insofar asCivil Matters — Volume 11 · Source page ٣٧٧
  4. Principle 1988An action for liability arising from a crime. The running of the three-year limitation period barring the injured person's right to compensation therefor. When it begins.Civil Matters — Volume 11 · Source page ٣٧٧
  5. Principle 1991An action for liability for an unlawful act. When it becomes time-barred. Such action arising from a crime. Its effect. It does not become time-barred, and its limitation period is suspended until a final criminal judgmeCivil Matters — Volume 11 · Source page ٣٧٧
  6. Principle 1992The prescribed period barring the hearing of an action is interrupted by judicial demand, even if the action is brought before a court lacking jurisdiction. - A judgment deeming the action never to have been brought. ResCivil Matters — Volume 11 · Source page ٣٧٨
  7. Principle 1993The provisions concerning the warranty of the building contractor or the engineer designing it or supervising its execution. Their connection with public policy. The effect thereof. An agreement in advance to contravene Civil Matters — Volume 11 · Source page ٣٧٨
  8. Principle 1994Compensation for injury to the person itself. How it is assessed and its cases. - A bone-fracturing wound, wounds to the head or face, and bodily wounds. The nature of each. Bodily wounds have no fixed injury indemnity. Civil Matters — Volume 11 · Source page ٣٧٨
  9. Principle 1995An action for liability for an unlawful act arising from a crime. It is not time-barred unless the criminal action is time-barred. The injured party's choice of the civil route rather than the criminal route to claim comCivil Matters — Volume 11 · Source page ٣٧٩
  10. Principle 1996The existence of criminal proceedings alongside a civil action for compensation for an unlawful act. Its implication. The civil action is time-barred only when the criminal proceedings are time-barred. The injured party'Civil Matters — Volume 11 · Source page ٣٧٩
  11. Principle 1997Issuance of a final judgment establishing the right. Its limitation period expires upon the lapse of 15 years from the issuance of that judgment. Article 450 of the Civil Code. An example.Civil Matters — Volume 11 · Source page ٣٧٩
  12. Principle 1998The impediment considered a ground for suspending the running of the period required for an action not to be heard through lapse of time. Its nature and condition. Assessment of the existence or absence of that impedimenCivil Matters — Volume 11 · Source page ٣٧٩
  13. Principle 1999Provisions prescribing special limitation periods for certain rights. They must be interpreted narrowly. They apply only to the specific cases included therein; matters outside them are subject to the general rule set ouCivil Matters — Volume 11 · Source page ٣٧٩
  14. Principle 2000Actions arising from an insurance contract. Their limitation period. Three years. This includes the insurer’s recourse action for the compensation it paid to the injured party because of a breach of the contract’s conditCivil Matters — Volume 11 · Source page ٣٧٩
  15. Principle 2001The barring of an action for liability for an unlawful act. Upon the lapse of 3 years from the day the injured party learns of the damage and the person responsible for it, or 15 years from the date of occurrence of the Civil Matters — Volume 11 · Source page ٣٨٠
  16. Principle 2004An incident of negligent injury may occur on the basis of two faults by two different persons. Its necessary implication. Each commits an unlawful act distinct in its elements from the act committed by the other and consCivil Matters — Volume 11 · Source page ٣٨٠

  17. تقادم التزامات التجار قبل بعضهم

    Principle 2005Liability for an unlawful act constituting a crime. The civil compensation action is not time-barred unless the criminal action is time-barred. The injured party’s choice of the civil route to claim compensation for damaCivil Matters — Volume 11 · Source page ٣٨١
  18. Principle 2006Merchants' obligations relating to their commercial business. They are prescribed upon the expiry of ten years from the date on which performance of the obligation falls due. - Ordinary prescription applies to acts lackiCivil Matters — Volume 11 · Source page ٣٨١
  19. Principle 2007Merchants’ obligations towards one another. Their limitation period. Its duration is ten years. - In an assignment of a right, the right passes to the assignee with its characteristics, accessories, securities and defencCivil Matters — Volume 11 · Source page ٣٨٢
  20. Principle 2008Merchants' obligations to one another relating to their commercial activities. Become time-barred upon the lapse of ten years from the date payment falls due. Ascertaining the event from which prescription begins. A mattCivil Matters — Volume 11 · Source page ٣٨٢
  21. Principle 2009Merchants' obligations towards one another arising from their commercial activities. They are time-barred upon the lapse of 10 years from the date on which performance of the obligation falls due. - The period prescribedCivil Matters — Volume 11 · Source page ٣٨٢
  22. Principle 2010Application of the provisions of the Commercial Code. Its criterion. The contracting party must be a merchant, so that the contracts he concludes are subject to the provisions of the Commercial Code, or the transaction mCivil Matters — Volume 11 · Source page ٣٨٢
  23. Principle 2011Limitation of merchants’ obligations. Its condition: the obligation must be between two merchants and arise from a commercial act. Article 118/1 of the Commercial Law.Civil Matters — Volume 11 · Source page ٣٨٣
  24. Principle 2012Prescription of merchants’ rights after one year. Its condition. That they concern things supplied to persons who do not trade in them but use them for private consumption. The rationale therefor. - Ascertaining the commCivil Matters — Volume 11 · Source page ٣٨٣
  25. Principle 2013Establishment that the action is an action in subrogation concerning a commercial obligation between merchants and relating to their commercial activities. It becomes time-barred upon the lapse of ten years from the day Civil Matters — Volume 11 · Source page ٣٨٣
  26. Principle 2014Merchants' obligations to one another relating to their commercial activities. Become time-barred upon the lapse of ten years. Article 118/1, Commercial Code. - The rights established by the provisions of the Labor Law. Civil Matters — Volume 11 · Source page ٣٨٣
  27. Principle 2015Traders' obligations towards one another relating to their commercial activities. Time-barred upon the lapse of 10 years. Article 118/1 of the Commercial Code. - The period prescribed for barring the hearing of an actionCivil Matters — Volume 11 · Source page ٣٨٣
  28. Principle 2016Merchants' obligations toward one another relating to their commercial activities. They become time-barred after ten years.Civil Matters — Volume 11 · Source page ٣٨٤
  29. Principle 2017The absence from the Riyadh Arab Agreement for Judicial Cooperation of a provision governing the lapse of judgments. Its effect. The necessity of applying Article 118 of the Commercial Law concerning limitation of obligaCivil Matters — Volume 11 · Source page ٣٨٤
  30. Principle 2018Merchants’ obligations towards one another relating to their commercial activities. They become time-barred upon the lapse of ten years from the date performance of the obligation falls due. Its commencement is from the Civil Matters — Volume 11 · Source page ٣٨٤

  31. تقادم الدعوى العمالية

    Principle 2019The merchant's retention of a true copy of all invoices, correspondence, and telegrams that he sends or receives, and other material connected with his commercial activities, for five years. His obligation, or that of hiCivil Matters — Volume 11 · Source page ٣٨٤
  32. Principle 2020The employer’s obligation to compensate the worker for leave he has not taken. It is not subject to the limitation period for wages and recurring periodic entitlements provided for in Article 439/1 of the Civil Code.Civil Matters — Volume 11 · Source page ٣٨٥
  33. Principle 2021A labour action shall not be heard after one year from the termination of the employment contract. This period is subject to suspension and interruption. Example.Civil Matters — Volume 11 · Source page ٣٨٥
  34. Principle 2022Wages, as a periodically recurring right, are subject to the five-year or one-year limitation period. - A worker's employment outside working hours or days. Overtime work. Its effect on the nature of his remuneration theCivil Matters — Volume 11 · Source page ٣٨٥
  35. Principle 2023Limiting the hearing of a labour action to a period of one year from the date of termination of the employment contract. Reason therefor. Application of extinctive prescription to that period. Suspension of this period wCivil Matters — Volume 11 · Source page ٣٨٥
  36. Principle 2024Actions brought by workers pursuant to the provisions of the Labour Law in the Private Sector are exempt from fees, shall be heard urgently, and may not be heard after one year from the termination of the contract. The bCivil Matters — Volume 11 · Source page ٣٨٥
  37. Principle 2025An employment action. Time-barred after one year from the date the employment contract ends. The existence of an impediment to claiming the right. Effect thereof. Suspension of the running of that period and its resumptiCivil Matters — Volume 11 · Source page ٣٨٥
  38. Principle 2026The plea that the action may not be heard. A substantive plea by which the court of first instance exhausts its jurisdiction. The court of second instance’s reversal of the judgment rendered on it. It must proceed to decCivil Matters — Volume 11 · Source page ٣٨٦
  39. Principle 2027Restricting the hearing of a labour action to a period of one year from the date of termination of the employment contract. An extinctive limitation period subject to suspension and interruption. - Existence of an impediCivil Matters — Volume 11 · Source page ٣٨٦
  40. Principle 2028Labour action. Not to be heard after one year from the termination of the employment contract. This period is subject to suspension and interruption. - The procedure by which a labour action commences. Its nature. - The Civil Matters — Volume 11 · Source page ٣٨٦
  41. Principle 2029Rights arising from application of the provisions of the Private Sector Labour Law. A claim for them may not be heard after the lapse of 1 year from the date of termination of the contract. The reason therefor. - The perCivil Matters — Volume 11 · Source page ٣٨٦
  42. Principle 2030The injured party’s action against the insured is not heard because it was brought after expiry of the time limit. Its implication. The insured risk has not materialized. Its effect. The incidental action seeking to compCivil Matters — Volume 11 · Source page ٣٨٧
  43. Principle 2031The labour action. Not to be heard after the lapse of 1 year from termination of the employment contract. This period is subject to suspension and interruption. - The impediment considered a ground for suspending the runCivil Matters — Volume 11 · Source page ٣٨٧
  44. Principle 2032The restriction imposed by the legislature on hearing an action upon the expiry of one year from the date of termination of the employment relationship. It is an extinctive limitation period subject to suspension and intCivil Matters — Volume 11 · Source page ٣٨٧
  45. Principle 2033Wages, including allowances, benefits, overtime pay, and payment for accrued leave. A periodically recurring right. An action therefor is not heard, upon denial, after five years have elapsed. - Treating the employment rCivil Matters — Volume 11 · Source page ٣٨٧
  46. Principle 2034A worker's rights that are not periodic or recurring. Not subject to five-year prescription. - A worker's wages for overtime work or work on weekly rest days and official holidays. Not regarded as periodic, recurring rigCivil Matters — Volume 11 · Source page ٣٨٨
  47. Principle 2035A worker’s right to annual leave. Its relation to public policy. Consequence thereof. The worker must be compensated for leave not taken throughout the period of employment unless the right is extinguished by limitation.Civil Matters — Volume 11 · Source page
  48. Principle 2036A natural obligation. Its suitability as the cause of a civil obligation. What is meant thereby. The debtor’s undertaking of a natural obligation which he knows he is not compelled to perform. The obligation is valid andCivil Matters — Volume 11 · Source page
  49. Principle 2037The plea that an action may not be heard owing to the passage of time. Its application to an ownership action where the owner has left it unpursued for fifteen years despite the existence of grounds for it, consisting ofCivil Matters — Volume 11 · Source page
  50. Principle 2038Possession of immovable property and appearing in relation to it as its owner for fifteen years constitutes a Sharia and legal presumption of the possessor’s ownership. He may add the period of his possession to the periCivil Matters — Volume 11 · Source page
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