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. التعويض عن نزع الملكية والغصب

    Principle 156Objections submitted by interested parties to expropriation inventory lists and disputes over the assessment of compensation. The Objections Committee's jurisdiction to hear them.Civil Matters — Volume 11 · Source page ٣٨
  2. Principle 157Expropriation of real property for public benefit. Its effect. Transfer of the rights of interested persons holding a right in rem over it to the amount of compensation in exchange for it, and they may not seek a declaraCivil Matters — Volume 11 · Source page ٣٨
  3. Principle 158Private property. Protected by the Constitution and within the limits of the guarantees and compensation prescribed by the Law on Expropriation for Public Benefit. - The expropriating authority's obligation to compensateCivil Matters — Volume 11 · Source page ٣٩
  4. Principle 159The administration’s taking possession of real property for allocation to public benefit without taking expropriation procedures. Its effect. It is deemed usurpation giving rise to its liability for compensation.Civil Matters — Volume 11 · Source page ٣٩
  5. Principle 160Compensation for expropriation is paid to owners and holders of rights. Law 33 of 1964. - The transferor has no right to dispute compensation for expropriation. The transferee is the person entitled to it. Reason for thiCivil Matters — Volume 11 · Source page ٣٩
  6. Principle 161The public expropriation decision before enactment of Registration Law 5/95. Its registration is not required for ownership to pass to the State. The procedures necessary therefor. Delay in registration until after Law 3Civil Matters — Volume 11 · Source page ٣٩
  7. Principle 162Expropriation for public benefit before the promulgation of the Constitution. The source of the Municipality’s right to exercise it, its procedures, and grievances against it. Law No. 33/84 regulated how this right is exCivil Matters — Volume 11 · Source page ٣٩
  8. Principle 163The administration's seizure of real property to achieve public benefit without following expropriation procedures. Its effect. It is regarded as usurpation giving rise to its liability for compensation. - 39 - ObligatioCivil Matters — Volume 11 · Source page ٣٩
  9. Principle 164The assessment of compensation for property incorporated into public benefit projects becoming final before Law 33/1964 came into force. There is no scope for guidance by Article 19 thereof, which specified a particular Civil Matters — Volume 11 · Source page ٤٠
  10. Principle 165Compensation due for expropriation of real property for public benefit or its seizure without taking expropriation procedures. Its source is the law. The claim for it is not subject to the three-year limitation period buCivil Matters — Volume 11 · Source page ٤٠
  11. Principle 166The Municipality’s obligation to pay compensation equivalent to the price of the expropriated property. Its source is the law, not an unlawful act. Compensation is in accordance with Article 306 of the Civil Code, not onCivil Matters — Volume 11 · Source page ٤٠
  12. Principle 167The claimant’s incorrect characterization of his action. It does not bind the judge. An example concerning a claim for payment of consideration for expropriation of real estate and deprivation of the use of the value of Civil Matters — Volume 11 · Source page ٤٠
  13. Principle 168Contracts of sale transferring principal rights in rem, including ownership. Their nature as consensual contracts is not altered by the enactment of the Real Estate Registration Law. Its effect. Transfer of the rights isCivil Matters — Volume 11 · Source page ٤٠
  14. Principle 169The provisions of Decree-Law No. 131/1986 concerning the expropriation of properties in respect of which expropriation instruments have been issued and properties in respect of which the Municipal Council has issued deciCivil Matters — Volume 11 · Source page ٤١
  15. Principle 170Real property owners' entitlement to compensation for the expropriation of their properties under the provisions of tort liability. Its criterion. The administration's failure to take the legal procedures, whereby its seCivil Matters — Volume 11 · Source page ٤١
  16. Principle 171Enactment of Law No. 5/1959 concerning real estate registration. Its restriction to making the transfer of rights in rem occur through registration, without extending to the other provisions of the contract. Its effect. Civil Matters — Volume 11 · Source page ٤١
  17. Principle 172Conditions for expropriating private property. - The administration's appropriation of real property for public benefit without taking the procedures required by law. A usurpation requiring compensation. Article 11, Law Civil Matters — Volume 11 · Source page ٤١
  18. Principle 173The Municipality's obligation to pay expropriation consideration to those entitled to it. Its subject is payment of a sum of money, and its source is the law. The Municipality's delay in discharging this obligation. Its Civil Matters — Volume 11 · Source page ٤١
  19. Principle 174The purchaser of real property is deemed a particular successor to the seller. The consequence: the former has the right to seek compensation for usurpation of the property. An example concerning the entitlement of the pCivil Matters — Volume 11 · Source page ٤١
  20. Principle 175The administration's expropriation of real property from its owners. Its effect. Its obligation to pay compensation, whether it followed the procedures prescribed by the Expropriation Law or disregarded them. The reason Civil Matters — Volume 11 · Source page ٤٢
  21. Principle 176The owner of real property seized otherwise than through the legal procedure is in the same position as a person injured by an unlawful act. The effect of this.Civil Matters — Volume 11 · Source page ٤٢
  22. Principle 177Expropriation for public benefit. Its manner. Either directly, by following the procedures set out in Expropriation Law 33/1964. Or indirectly, by incorporating property owned by an individual into public property withouCivil Matters — Volume 11 · Source page ٤٢
  23. Principle 178An action for compensation for seizure of land owned by the appellant. Differs from an action seeking issuance of a title deed for the same land. The judgment nevertheless concluding that the latter action may not be heaCivil Matters — Volume 11 · Source page ٤٢
  24. Principle 179The general rule is that the administration compensates a person whose real property has been seized for allocation to public benefit without taking the expropriation procedures. The basis for this. Usurpation giving risCivil Matters — Volume 11 · Source page ٤٢
  25. Principle 181Issuance of a decision to expropriate real property for public benefit. Its implication. Its entry into the State’s public property and its removal from the sphere of dealings. A person having a right in rem over it has Civil Matters — Volume 11 · Source page ٤٣
  26. Principle 182The decision to expropriate for the public benefit. The requirement to inform the interested owners and apparent holders of rights thereof. How this is done. Publication in the Official Gazette and posting on the door ofCivil Matters — Volume 11 · Source page ٤٣
  27. Principle 183Subjecting property within the planning scheme to deduction percentages pursuant to the land division and subdivision system. Its prerequisite. Issuance of a Municipal Council decision including it in the planning schemeCivil Matters — Volume 11 · Source page ٤٣
  28. Principle 184The administration's appropriation of a property for public use without taking the procedures required by the Expropriation Law. Its effect. Its liability for compensation. The court of merits may assess whether those prCivil Matters — Volume 11 · Source page ٤٣
  29. Principle 185Adherence, in assessing compensation, to the assessments of the Official Valuation Committee. Its criterion. Cases of expropriation and exchange, in the circumstances and manner prescribed by law. The administration's seCivil Matters — Volume 11 · Source page ٤٣
  30. Principle 186The administration's seizure of real property to allocate it for public benefit without taking the legal expropriation procedures. Usurpation entailing its liability for compensation. - Granting landowners roads on theirCivil Matters — Volume 11 · Source page ٤٤
  31. Principle 187The administration's seizure of real property to allocate it to public use without taking expropriation procedures. Usurpation entailing its liability for compensation. The administration's obligation to make good in fulCivil Matters — Volume 11 · Source page ٤٤
  32. Principle 188Assessing the value of the disputed land at the amount assessed by the expert as compensation for the municipality’s seizure thereof. Its inclusion of the value of the loss sustained by the respondent and the profit he hCivil Matters — Volume 11 · Source page ٤٤
  33. Principle 189Issuance and publication of the expropriation decision and final assessment of compensation. Its effect. The expropriated property enters the public domain, dedicated to a public-benefit project, and is removed from the Civil Matters — Volume 11 · Source page ٤٤
  34. Principle 190Yield owed by a possessor in bad faith. An action for it shall not be heard, upon denial, after fifteen years have elapsed. - Yield. Its nature: compensation for the usurpation that deprived the real property’s owner of Civil Matters — Volume 11 · Source page ٤٥
  35. Principle 191Compensation assessed for expropriated property. The requirement to pay it to the owners and holders of rights. - Contracts creating and transferring principal rights in rem in immovable property, including ownership. ThCivil Matters — Volume 11 · Source page ٤٥
  36. Principle 192Claiming ownership of real estate or land previously subjected to planning, expropriated or utilized by the State for public benefit, or claiming compensation due for such seizure pursuant to Law No. 33 of 2000 concerninCivil Matters — Volume 11 · Source page ٤٥
  37. Principle 193Private ownership. One of the fundamental pillars of society. Expropriation is impermissible except for public benefit, in the cases specified by law and in the manner prescribed therein. Its implication. The administratCivil Matters — Volume 11 · Source page ٤٥
  38. Principle 194An action claiming yield for usurpation is time-barred only upon the lapse of fifteen years. A claim for compensation for this usurpation, whether material or moral, is time-barred only after the same period. The reason Civil Matters — Volume 11 · Source page ٤٥
  39. Principle 195Issuance of the decision to expropriate for public benefit by the authority competent to issue it, its publication, and assessment of the valuation consideration. Its consequence. The expropriated property enters the StaCivil Matters — Volume 11 · Source page ٤٦
  40. Principle 196Private property. Its protection is one of the fundamental foundations of society. The necessary consequence of this. No one may be deprived of his property except for public benefit, in the cases specified by law and inCivil Matters — Volume 11 · Source page ٤٦
  41. Principle 197The interested party’s request to substitute compensation in kind for the monetary compensation due for the expropriation of real estate pursuant to Article 3 of Decree-Law No. 131 of 1986 concerning the expropriation ofCivil Matters — Volume 11 · Source page ٤٦
  42. Principle 198Expropriation for public benefit. An in rem procedure directed at the property itself regardless of its owner's name. Import thereof. The property is removed from the sphere of dealings upon issuance and publication of tCivil Matters — Volume 11 · Source page ٤٦
  43. Principle 199An action for compensation for preventing the possessor of immovable property from possessing it. The defendant therein is anyone who commits a positive act upon the property leading to that prevention. It suffices that Civil Matters — Volume 11 · Source page ٤٧

  44. التعويض عن عدم بذل هيئة شئون القُصر العناية اللازمة في إدارة الأموال المشتركة

    Principle 200Expropriation and temporary seizure of real property. Its effect. The obligation to disburse compensation corresponding to the expropriated property to owners and right holders. Law 33/1964 concerning expropriation. - CoCivil Matters — Volume 11 · Source page ٤٧

  45. التعويض عن عدم إخطار الزوجة بالطلاق

    Principle 201The Minors’ Affairs Authority’s obligation to manage minors’ assets. An obligation to exercise care, not to achieve a result. - Restriction of the guardianship of Minors’ Affairs to minors. Does not prevent it from managCivil Matters — Volume 11 · Source page ٤٧

  46. التعويض عن التعسف في استعمال الحق

    Principle 202Fault giving rise to liability. How it is established. - The Family Counselling Section affiliated with the Sharia Documentation Department. Its task is to examine cases of divorce intended to be effected in absentia andCivil Matters — Volume 11 · Source page ٤٨
  47. Principle 203The right to report crimes. The prerequisite for entitlement to compensation in respect thereof. Malicious exercise with intent to cause harm and injury. Assessment of the existence or absence of malicious exercise. A quCivil Matters — Volume 11 · Source page ٤٨
  48. Principle 204The right of recourse to the courts is among the public rights. A person exercising it may not abuse it with the aim of harming others. Contravention thereof. Its effect. - Assessment of malicious litigation with the aimCivil Matters — Volume 11 · Source page ٤٨
  49. Principle 205When the exercise of a right is unlawful: the instances thereof. - Reporting crimes. A right conferred upon individuals and a duty incumbent upon them. The mere falsity of the informant's report and the infliction of damCivil Matters — Volume 11 · Source page ٤٨
  50. Principle 206Absence of liability of the holder of a right where its exercise results in damage to others. The condition therefor. It must not be intended to cause malicious harm. - Inference of the fault giving rise to liability, prCivil Matters — Volume 11 · Source page ٤٩
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