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

Search this collection

  1. تقادم دعوى المسئولية الناشئة عن النقل الجوي

    Principle 2098An action for liability arising from a contract of carriage brought against the carrier because of the loss of, damage to, or delay in transporting the goods. Its extinction if not brought within one year beginning on thCivil Matters — Volume 11 · Source page ٤٠٣

  2. تقادم دعوى التعويض عن نزع الملكية

    Principle 2099The right to bring an action for liability arising from a contract of carriage by air. Its lapse upon the expiry of two years from the day the aircraft reaches its destination, the day on which it should have arrived, orCivil Matters — Volume 11 · Source page ٤٠٤

  3. عدم السماع في دعاوى الأحوال الشخصية

    Principle 2100Issuance of a decision expropriating real property for public benefit. Its consequence. Its inclusion in the State's public property and its removal from the sphere of dealings. A person holding a right in rem over it haCivil Matters — Volume 11 · Source page ٤٠٤
  4. Principle 2101An action for spousal maintenance for a period preceding the two years ending on the date the action is brought. Shall not be heard unless it was imposed by mutual consent. The basis thereof.Civil Matters — Volume 11 · Source page ٤٠٤

  5. تقادم دعوى الحلول

    Principle 2102Rights under Sharia. Do not become time-barred. Reason: the saying of the Messenger, may Allah bless him and grant him peace, (A Muslim person's right does not become time-barred, however old). Example concerning a waqf.Civil Matters — Volume 11 · Source page ٤٠٤
  6. Principle 2103The insurer’s payment to the insured or the injured party of his entitlement. Its effect. The insurer’s subrogation by law to his position in recourse against the responsible third party for what it paid. It may exerciseCivil Matters — Volume 11 · Source page ٤٠٤

  7. تقادم دعوى استرداد ما دفع بغير وجه حق - الإثراء بلا سبب

    Principle 2104The subrogation action brought by the insurer against the third party responsible for the accident. It is not considered to arise from the insurance contract. The consequence thereof. It is not subject to the three-year Civil Matters — Volume 11 · Source page ٤٠٥
  8. Principle 2105The extinctive limitation period for an unjust enrichment action. Commencement of its running in the case of nullity of a contract. From the day of the final judgment declaring it. The judgment's departure from that. RenCivil Matters — Volume 11 · Source page ٤٠٥
  9. Principle 2106Equivalent performance. Its basis is unjust enrichment. - An unjust enrichment action. When it lapses. - The running of prescription for an unjust enrichment action begins with the injured person’s actual knowledge in coCivil Matters — Volume 11 · Source page ٤٠٥
  10. Principle 2107Unjust enrichment action. When it becomes time-barred. - Establishing the event from which prescription begins. A matter for the court of merits. Its condition.Civil Matters — Volume 11 · Source page ٤٠٦
  11. Principle 2108Delivery of what is not due. Its sufficiency to impose an obligation of restitution on the recipient. The basis thereof. Unjust enrichment at another’s expense through what he received. The reason why it was not due is iCivil Matters — Volume 11 · Source page ٤٠٦
  12. Principle 2109The general rule is that whoever receives something not due to him must return it. Entitlement. Its meaning. Not the recipient's entitlement to the thing itself, but entitlement to receive it. The criterion for lack of eCivil Matters — Volume 11 · Source page ٤٠٦
  13. Principle 2110An action for restitution of what was paid without legal entitlement, which is a form of unjust enrichment. When it becomes time-barred.Civil Matters — Volume 11 · Source page ٤٠٦
  14. Principle 2111Commencement of the limitation period for an unjust enrichment action. The determining factor is actual knowledge of the right to compensation upon issuance of the final judgment of nullity. - 406 - ObligationCivil Matters — Volume 11 · Source page ٤٠٦
  15. Principle 2112An action for unjust enrichment. When it is barred. Article 263 of the Civil Code. - Prescription of an action for unjust enrichment. Its commencement. Upon the injured person's actual knowledge concerning compensation. Civil Matters — Volume 11 · Source page ٤٠٧
  16. Principle 2113A void contract cannot serve as a basis for claiming any obligations arising from it. The effect thereof: this nullity extinguishes the contract from the time it was concluded. The implication thereof: restoring everythiCivil Matters — Volume 11 · Source page ٤٠٧
  17. Principle 2114An action to recover what was paid without entitlement. It is barred upon the expiry of three years from the day the claimant becomes aware of his right to recovery, or fifteen years from the day this right arises, whichCivil Matters — Volume 11 · Source page ٤٠٧
  18. Principle 2115Limitation of an unjust enrichment action. What determines the commencement of its running is the injured person’s actual knowledge of his right to compensation. This is not established until the day the final judgment oCivil Matters — Volume 11 · Source page ٤٠٧
  19. Principle 2117An unjust enrichment action. It is time-barred upon the lapse of three years from the day the person who sustained damage learns of his right to compensation.Civil Matters — Volume 11 · Source page ٤٠٨
  20. Principle 2118An action for restitution of what was paid without legal entitlement. Becomes time-barred upon the lapse of three years from the day on which the claimant in restitution knows, or upon the lapse of fifteen years from theCivil Matters — Volume 11 · Source page ٤٠٨

  21. تقادم دعاوى التعويض الناشئة عن جرائم النشر

    Principle 2119An action for unjust enrichment. It does not lie where the relationship between the appellant and the respondent Ministry is a contractual relationship governed by the provisions of the contracts and the Police Force RegCivil Matters — Volume 11 · Source page ٤٠٨
  22. Principle 2121Publication offences. Actions concerning them shall not be instituted if 3 months have elapsed from the date of publication, and the compensation action is barred if the injured party does not bring it within that periodCivil Matters — Volume 11 · Source page ٤٠٨

  23. تقادم الحق المقترن بأجل واقف

    Principle 2122The three-month period within which a compensation action must be brought for the offences provided for in the Press and Publications Law. A special forfeiture period. Its time limit is mandatory. The injured party's faiCivil Matters — Volume 11 · Source page ٤٠٨

  24. تقادم الدعاوى الناشئة عن عقد التأمين

    Principle 2123A right subject to a suspensive term. Is a right fully in existence. Its enforceability depends on the arrival of the term, even if the time of its occurrence is unknown. The period prescribed for barring the hearing of Civil Matters — Volume 11 · Source page ٤٠٩
  25. Principle 2124Actions arising from an insurance contract. They are subject to the three-year limitation period. Article 807 Civil Code. This includes the injured party’s action against the insurance company. Exception: a claim for fulCivil Matters — Volume 11 · Source page ٤٠٩
  26. Principle 2125Actions 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 on account of a violation of the terms of thCivil Matters — Volume 11 · Source page ٤٠٩
  27. Principle 2126An action arising from an insurance contract. Subject to the three-year limitation period. This includes actions by the insurer, the insured, or the beneficiary. Exception: cases of entitlement to blood money or portionsCivil Matters — Volume 11 · Source page ٤٠٩
  28. Principle 2127Actions arising from an insurance contract are barred upon the lapse of three years from the occurrence of the event giving rise to those actions, unless the law provides otherwise. Exception: the insured's action arisinCivil Matters — Volume 11 · Source page ٤١٠
  29. Principle 2129Actions arising from an insurance contract. Their limitation period is three years from the occurrence of the event giving rise to these actions, unless the law provides otherwise. Article 807 of the Civil Code. - DetermCivil Matters — Volume 11 · Source page ٤١٠
  30. Principle 2132The insurer’s recourse action against the insured for the compensation it pays to the injured party on the basis of his breach of the conditions of the insurance policy. It is time-barred upon the expiry of three years fCivil Matters — Volume 11 · Source page ٤١١
  31. Principle 2134Reinsurance. It is a contract which, although differing in its subject matter from the original insurance contract, is subject to the rules established by the Maritime Commercial Law for marine insurance contracts concerCivil Matters — Volume 11 · Source page ٤١١

  32. ما لا يُعد من الدعاوى الناشئة عن عقد التأمين

    Principle 2135An action arising from an insurance contract is time-barred upon the lapse of three years from the occurrence of the event giving rise to these actions, unless the law provides otherwise. The exception: the insured’s actCivil Matters — Volume 11 · Source page ٤١١
  33. Principle 2136When an action arising from an insurance contract lapses. Limitation of insurance actions concerns the substance of the right. Its rule therein concerns its application in time. Article five of the Civil Code.Civil Matters — Volume 11 · Source page ٤١٢
  34. Principle 2138Actions arising from an insurance contract. Their lapse upon the expiry of three years from the occurrence of the event giving rise to those actions. Exception. Where the cause of action arises from a third party's recouCivil Matters — Volume 11 · Source page ٤١٢

  35. تقادم الدعوى الجزائية

    Principle 2140The company's right to bring a liability action against the chairman and members of the board of directors. Its basis. Direct damage to it resulting from acts tainted by fraud and abuse of authority, violation of the lawCivil Matters — Volume 11 · Source page ٤١٣
  36. Principle 2141An 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 ٤١٣
  37. Principle 2142An action for nullity of subscription for shares in a joint-stock company. Becomes time-barred when the criminal action becomes time-barred; however, if the act is not criminally punishable, it becomes time-barred upon tCivil Matters — Volume 11 · Source page ٤١٣

  38. تقادم دعوى بطلان الاكتتاب

    Principle 2143The possibility of an accidental injury incident occurring as a result of two faults by two different persons. Its necessary consequence. Each commits an unlawful act distinct in its elements from the act committed by thCivil Matters — Volume 11 · Source page ٤١٤

  39. تقادم دعوى الصرف

    Principle 2145Prescription of negotiable-instrument claims. Based on a presumption of payment completed by a supplementary oath. Condition thereof. The debtor must not invoke a defence contradicting this presumption. Example.Civil Matters — Volume 11 · Source page ٤١٥
  40. Principle 2146A commercial instrument. It must contain specified particulars that render it self-sufficient and precisely define the obligation evidenced therein, so that it can perform the functions of payment and credit. Absence of Civil Matters — Volume 11 · Source page ٤١٥
  41. Principle 2147Limitation applicable to negotiable instruments. It rests on the presumption of payment which the legislature considered should be reinforced by the supplementary oath sworn by the debtor that he is free of liability forCivil Matters — Volume 11 · Source page ٤١٥
  42. Principle 2148The absence of one of the formal particulars in a bill of exchange. Its effect. Its loss of its character as a negotiable instrument and its conversion into an ordinary instrument. The implication thereof. The debt evideCivil Matters — Volume 11 · Source page ٤١٥
  43. Principle 2149Creation of a commercial instrument as a means of discharging a prior obligation. Consequence. The negotiable-instrument obligation exists alongside the ordinary obligation. The creditor has the choice of proceeding agaiCivil Matters — Volume 11 · Source page ٤١٥

  44. تقادم الديات

    Principle 2150Extinction by prescription of an action on a negotiable instrument. The original debt remains in existence, as does the action protecting it. Its effect. The creditor may have recourse against the debtor through that actCivil Matters — Volume 11 · Source page ٤١٥
  45. Principle 2151Prescription of diya and its fractions. Fifteen years. Exception. The State's indemnification liability. Its subjection to three-year prescription. Claims for compensation exceeding diya and its fractions. Their subjectiCivil Matters — Volume 11 · Source page ٤١٦
  46. Principle 2152The limitation period for diyas and their portions. 15 years. The exception. The State's guarantee. Its forfeiture period is 3 years.Civil Matters — Volume 11 · Source page
  47. Principle 2153Loss of life is among the matters for which a full diya is due. A claim for it shall not be heard after fifteen years. The judgment's conclusion to that effect. Correct. Limitation of an action under the engineer's or coCivil Matters — Volume 11 · Source page
  48. Principle 2154The provisions established by the legislature for the contractor's and engineer's warranty for buildings or fixed structures they erect. Their relation to public policy. The effect thereof. It is impermissible to agree tCivil Matters — Volume 11 · Source page
  49. Principle 2155Provisions prescribing special limitation periods for certain rights. They must be construed narrowly and therefore apply only to the cases they encompass. - Actions arising from a contract agency agreement—other than anCivil Matters — Volume 11 · Source page
  50. Principle 2156An action on the warranty against defects. Its lapse period. One year from the date of delivery of the thing sold. The purchaser's knowledge of the defect after its expiry. No effect thereof. Unless otherwise agreed.Civil Matters — Volume 11 · Source page
PreviousPage 39 of 83Next