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. - التقادم الثلاثي

    Principle 2264The Executive Regulations of the Traffic Law. A legal provision forming part of the insurance contract. The effect thereof on limitation of actions arising therefrom. They fall within those arising from the insurance conCivil Matters — Volume 11 · Source page ٤٣٨
  2. Principle 2265The knowledge from whose date the time-bar period for a compensation action begins is actual knowledge encompassing the occurrence of the damage and the identity of the person liable for it. Basis thereof. Presumed knowlCivil Matters — Volume 11 · Source page ٤٣٨
  3. Principle 2266The knowledge that starts the three-year limitation period in an action for non-effectiveness of a disposition is by the creditor’s judgment of the issuance of the disposition and of the debtor’s course and the fraud comCivil Matters — Volume 11 · Source page ٤٣٩
  4. Principle 2267The three-year prescription provided in Article 32/1 of Law 6/1961, corresponding to Article 253/1 of the Civil Code. An exceptional prescription specific to an action for compensation for an unlawful act. It does not apCivil Matters — Volume 11 · Source page ٤٣٩
  5. Principle 2268Inferring the injured person's knowledge of the occurrence of the damage and the identity of its author. Within the authority of the court of merits. The knowledge from which the time-bar period begins. Its meaning. ActuCivil Matters — Volume 11 · Source page ٤٣٩
  6. Principle 2269Lapse of an action for enrichment without cause upon the passage of three years from the day the person who suffered damage learns of his right to compensation, or upon the expiry of fifteen years from the day that rightCivil Matters — Volume 11 · Source page ٤٣٩
  7. Principle 2270The criterion for absence of entitlement. It is viewed: from the perspective of the recipient, not from the perspective of the payer. - An action for restitution of a payment not due lapses upon the passage of three yearCivil Matters — Volume 11 · Source page ٤٣٩
  8. Principle 2271The insurer's action for recourse against the responsible third party for the compensation it paid to the injured party: its basis. Statutory subrogation or assignment of the right. - Transfer of the right to the assigneCivil Matters — Volume 11 · Source page ٤٣٩
  9. Principle 2272Calculation of the period for the lapse of the injured party’s action against the person liable for his unlawful act from the date the criminal judgment becomes final. The effect thereof on the insurer’s recourse action Civil Matters — Volume 11 · Source page ٤٤٠
  10. Principle 2273Actions arising from an insurance contract, including the insured's recourse action for the compensation he paid to the injured party. Their subjection to three-year prescription. Commencement of this prescription. From Civil Matters — Volume 11 · Source page ٤٤٠
  11. Principle 2274The knowledge that commences the three-year limitation period for an action for liability for an unlawful act is actual knowledge encompassing the occurrence of the damage and the identity of the person responsible for iCivil Matters — Volume 11 · Source page ٤٤٠
  12. Principle 2275The knowledge from which the three-year prescription period for an action for liability for an unlawful act begins is actual knowledge encompassing the occurrence of the damage and the identity of the person responsible Civil Matters — Volume 11 · Source page ٤٤٠
  13. Principle 2276Limitation of an action for liability for an unlawful act where it arises from an offence in respect of which criminal proceedings have been brought against its perpetrator. Its running as regards the injured party. Is sCivil Matters — Volume 11 · Source page ٤٤٠
  14. Principle 2277The barring of an action for liability for an unlawful act upon the lapse of 3 years from the day the injured party has actual knowledge of the harm, of the person responsible for it, or 15 years from the occurrence of tCivil Matters — Volume 11 · Source page ٤٤٠
  15. Principle 2278The insured’s right to liability compensation for an accident, arising by operation of law from the harmful act, is what passes to the insurer that paid the insurance amount to the insured or the injured party. - The subCivil Matters — Volume 11 · Source page ٤٤١
  16. Principle 2279The period required to elapse for barring the hearing of an action for compensation for personal injury is a limitation period. Effect thereof. It is subject to suspension where an impediment exists that makes it impossiCivil Matters — Volume 11 · Source page ٤٤١
  17. Principle 2280The insurer’s recourse action against the insured for the compensation paid to the injured party, based on the insured’s breach of the conditions of the insurance policy. It becomes time-barred upon the lapse of three yeCivil Matters — Volume 11 · Source page ٤٤١
  18. Principle 2281The content of the contract includes its terms and the legal rules applicable to it, which are considered part of it. - The insurer's recourse against the insured for the compensation it paid in the cases specified in ArCivil Matters — Volume 11 · Source page ٤٤١
  19. Principle 2284The insurer's recourse action against the liable third party. Its basis. Subrogation by operation of law or assignment of a right. The right passes to the assignee subject to being extinguished by the same period by whicCivil Matters — Volume 11 · Source page ٤٤٢
  20. Principle 2285The insurer's recourse action against the insured for the compensation paid to the injured person. Barred upon the lapse of three years from the day the insurer pays the compensation amount. Example.Civil Matters — Volume 11 · Source page ٤٤٢
  21. Principle 2286A liability action brought by a joint-stock company. Its being barred by its special limitation period. This is confined to the chairman and members of its board of directors. Absence of this capacity in the person againCivil Matters — Volume 11 · Source page ٤٤٢
  22. Principle 2287The barring of a liability action by short and long limitation periods. Article 253/1, Civil Code. When the short limitation period for a liability action begins. - Inferring the injured party’s knowledge of the occurrenCivil Matters — Volume 11 · Source page ٤٤٢
  23. Principle 2288Commencement of limitation for an unjust enrichment action. The criterion therefor. Actual knowledge of the right to compensation upon issuance of the final judgment of nullity.Civil Matters — Volume 11 · Source page ٤٤٢
  24. Principle 2289The Constitution left to the law the regulation of the general rules concerning citizens’ rights and duties. The Civil Code’s regulation of limitation of actions for liability for unlawful acts and limitation of compensaCivil Matters — Volume 11 · Source page ٤٤٢
  25. Principle 2290Lapse of the liability action for an unlawful act. Three years from the day the injured party becomes aware of the harm and of the person liable for it, or fifteen years from the occurrence of the unlawful act. - The knoCivil Matters — Volume 11 · Source page ٤٤٣
  26. Principle 2291Lapse of an action for compensation for bodily harm upon the passage of three years from the time of the accident. Application of the provisions governing liability for unlawful acts to this compensation insofar as they Civil Matters — Volume 11 · Source page ٤٤٣
  27. Principle 2294An action for compensation arising from an unlawful act. It is barred upon the lapse of 3 years from the day the injured party learned of the damage and the identity of the person responsible for it. Absence of that knowCivil Matters — Volume 11 · Source page ٤٤٣
  28. Principle 2295An action for liability for an unlawful act. When it becomes time-barred. This action’s arising from an offence. Its effect. It does not become time-barred, and its limitation is suspended until a final criminal judgmentCivil Matters — Volume 11 · Source page ٤٤٣
  29. Principle 2297The employer's obligation to compensate the worker for leave he has not taken. Is not time-barred by the limitation period for wages and recurring periodic rights prescribed in Article 439/1 of the Civil Code.Civil Matters — Volume 11 · Source page ٤٤٤
  30. Principle 2299The limitation period for diyas and their fractions. Fifteen years. The exception is the State's guarantee. It is subject to the three-year limitation period. A claim for compensation exceeding diya and its fractions. ItCivil Matters — Volume 11 · Source page ٤٤٤
  31. Principle 2300The limitation period for blood money and its portions. Fifteen years. The exception. The State's guarantee, whose period of lapse is three years.Civil Matters — Volume 11 · Source page ٤٤٥
  32. Principle 2304Actions 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 ٤٤٥
  33. Principle 2305An 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 ٤٤٥
  34. Principle 2306The injured person's direct action against the insurer. Subject to three-year prescription. Basis thereof. Commencement of its period. From the occurrence of the unlawful act. The general rules concerning suspension and Civil Matters — Volume 11 · Source page ٤٤٦
  35. Principle 2307A subrogation action brought by the insurer against the third party responsible for the accident. Is not considered to arise from the insurance contract. Consequence thereof. It is not subject to three-year prescription.Civil Matters — Volume 11 · Source page ٤٤٦
  36. Principle 2308Actions 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 ٤٤٦
  37. Principle 2310The debtor’s taking the oath prescribed in Article 505 of the Commercial Code, or the creditor’s refusal when it is referred back to the creditor, causes limitation to produce its effect. The debtor’s refusal to take theCivil Matters — Volume 11 · Source page ٤٤٦
  38. Principle 2311The right to annul a contract. It lapses if its holder does not invoke it within 3 years from the cessation of its cause, unless the law provides otherwise, and upon the lapse of 15 years from the date of its conclusion.Civil Matters — Volume 11 · Source page ٤٤٦
  39. Principle 2312An action for liability for an unlawful act. The three-year limitation period begins from the date of actual knowledge whereby the injured person becomes aware of the occurrence of the damage and the identity of the persCivil Matters — Volume 11 · Source page ٤٤٧
  40. Principle 2314The right to annul a contract. It lapses upon the passage of three years beginning on the day the mistake or fraud is discovered. Expiry of this period. Its effect. The contract becomes valid and may not be annulled.Civil Matters — Volume 11 · Source page ٤٤٧
  41. Principle 2315The statutes of the fellowship fund. A standard-form contract whose application is governed by its provisions. Their absence of restrictions or time limits for claiming the assistance prescribed for its members. Its impoCivil Matters — Volume 11 · Source page ٤٤٧
  42. Principle 2316Running of limitation for an unjust enrichment action. Its commencement. Upon the person who sustained damage having actual knowledge in compensation. This is not realized until the day the final judgment of nullity is rCivil Matters — Volume 11 · Source page
  43. Principle 2317Commencement of prescription of an unjust enrichment action. The determining factor. Actual knowledge of the right to compensation upon issuance of the final judgment of nullity.Civil Matters — Volume 11 · Source page
  44. Principle 2318Actions 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
  45. Principle 2319An action for liability for an unlawful act becomes time-barred. Upon the lapse of three years from the day the injured party learns of the damage and of the person liable for it, or fifteen years from the date the unlawCivil Matters — Volume 11 · Source page
  46. Principle 2321Prescription of a liability action upon the lapse of three years from the day the injured person learns of the damage and of the person responsible for it. Article 253/1 of the Civil Code. Knowledge means actual knowledgCivil Matters — Volume 11 · Source page
  47. Principle 2322An action arising from voluntary management of another’s affairs. It is time-barred upon the lapse of three years from the day of knowledge that the right has arisen, or fifteen years from the day on which it arises. ArtCivil Matters — Volume 11 · Source page
  48. Principle 2324The insurer’s recourse action against the insured for the compensation it paid to the injured party on the basis of his violation of the terms of the insurance policy and the provisions of the Executive Regulations of thCivil Matters — Volume 11 · Source page
  49. Principle 2325An action for nullity of subscription to shares in a joint-stock company. Becomes time-barred when the criminal action becomes time-barred; if the act is not criminally punishable, it becomes time-barred after 3 years frCivil Matters — Volume 11 · Source page
  50. Principle 2326The insurer’s recourse action against the insured for the compensation it pays to the injured party, based on the insured’s breach of the conditions of the insurance policy, is prescribed upon the expiry of three years fCivil Matters — Volume 11 · Source page
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