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. - التقادم الثلاثي

    Principle 2327The subrogation action brought by the insurer against the third party responsible for the accident. Is not considered to arise from the insurance contract and is not subject to the 3-year limitation period under Article Civil Matters — Volume 11 · Source page ٤٤٩

  2. - التقادم الثنائي

    Principle 2329The right to bring an action concerning liability arising from a contract of carriage by air. Its lapse upon the passage of two years from the day on which the aircraft reaches its destination, from the day on which it oCivil Matters — Volume 11 · Source page ٤٥٠

  3. - التقادم الحولي

    Principle 2333Prescription of merchants' rights after one year. Its condition. That they concern things supplied to persons who do not trade in them but acquire them for their own consumption. The reason for this.Civil Matters — Volume 11 · Source page ٤٥١
  4. Principle 2334Lapse of an action for rescission upon the expiry of one year from delivery. Its restriction to an action for rescission owing to a deficiency or excess in the property sold. Other rescission actions owing to breach of oCivil Matters — Volume 11 · Source page ٤٥١
  5. Principle 2335The action for rescission barred upon the lapse of 1 year from delivery is that arising from a deficiency or excess in the thing sold; as for an action for rescission for breach of an obligation by either contracting parCivil Matters — Volume 11 · Source page ٤٥١
  6. Principle 2336The loading and hatching contractor and the cargo agent have the right to invoke the short prescription period for actions arising from the activity of each of them. The basis for this.Civil Matters — Volume 11 · Source page ٤٥١
  7. Principle 2337An action under the warranty of a stipulated characteristic in the thing sold. Provided for in Article 498 of the Civil Code. Not subject to the one-year limitation period. Basis thereof.Civil Matters — Volume 11 · Source page ٤٥١
  8. Principle 2339An action for liability arising from a contract of carriage. Its prescription after one year. When does the one-year period commence in the event of damage or partial loss? And when does it run in the event of total lossCivil Matters — Volume 11 · Source page ٤٥١
  9. Principle 2340Financial entitlements prescribed for a public employee. They are time-barred after one year from the date of his knowledge thereof or five years from the date of entitlement, whichever period expires earlier. ContraveniCivil Matters — Volume 11 · Source page ٤٥٢
  10. Principle 2341Lapse of the action under the warranty against defects. Its effect: lapse of the right of the person invoking the defence of non-performance and lapse of his right to withhold the price. The reason therefor.Civil Matters — Volume 11 · Source page ٤٥٢
  11. Principle 2342Actions arising from a loading and unloading contract. Their limitation period. The legislature's unification of it at one year, whether the action is brought against or by the contractor. The reason thereof.Civil Matters — Volume 11 · Source page ٤٥٢
  12. Principle 2343The action concerning the maritime carrier's liability is time-barred upon the lapse of 1 year from the date of delivery of the goods or the date on which delivery to the consignee should have occurred.Civil Matters — Volume 11 · Source page ٤٥٢
  13. Principle 2344The purchaser must promptly bring an action on the warranty against latent defects and not delay taking its procedures within its limitation period of 1 year from delivery. - Expiry of 1 year from delivery without bringiCivil Matters — Volume 11 · Source page ٤٥٢
  14. Principle 2345Determination of the commencement date of the one-year limitation period in respect of a liability action arising from a contract of carriage in cases of total or partial loss. Article 162 of the Commercial Code. No commCivil Matters — Volume 11 · Source page ٤٥٣
  15. Principle 2346An action concerning the carrier's liability for damage to or partial loss of goods. The application of one-year limitation thereto. When it begins. The actions it encompasses. An action concerning the carrier's contractCivil Matters — Volume 11 · Source page ٤٥٣
  16. Principle 2347A labour action may not be heard after 1 year from the termination of the contract. The implication. An action brought by the worker for any of his rights arising from the employment contract is time-barred after 1 year Civil Matters — Volume 11 · Source page ٤٥٣
  17. Principle 2348An action brought by the worker. It becomes time-barred after one year from termination of the contract.Civil Matters — Volume 11 · Source page ٤٥٣
  18. Principle 2349A 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 ٤٥٣
  19. Principle 2351Limitation of actions arising from a maritime employment contract by a period of 1 year. What interrupts this limitation period. A demand by letter accompanied by acknowledgment of receipt and by settlement negotiations Civil Matters — Volume 11 · Source page ٤٥٣
  20. Principle 2352Restricting the hearing of a labour action to a period of 1 year from the date of termination of the employment contract. The reason therefor. Extinctive limitation applies to that period. This period is suspended whenevCivil Matters — Volume 11 · Source page ٤٥٤
  21. Principle 2353A worker's claim to his rights based on the provisions of the Private Sector Labor Law. May not be heard after the lapse of one year from the termination of the employment contract. That period does not run whenever an iCivil Matters — Volume 11 · Source page ٤٥٤
  22. Principle 2354Actions brought by workers pursuant to the provisions of the Private Sector Labour Law are exempt from fees, shall be heard urgently and may not be heard after one year from termination of the contract. The bar to hearinCivil Matters — Volume 11 · Source page ٤٥٤
  23. Principle 2355One-year limitation applies to actions arising from a contract for carriage of goods, a contract for carriage of persons or a transport commission-agency contract. Art. 162, Commercial Law. This enumeration is exhaustiveCivil Matters — Volume 11 · Source page ٤٥٤
  24. Principle 2357The legislature's unification of the limitation period for actions arising from maritime carriage contracts and actions arising from loading and unloading contracts at one year. Purpose thereof. - Grounds for interruptioCivil Matters — Volume 11 · Source page ٤٥٤
  25. Principle 2358The employee's right to claim his prescribed financial entitlements. Is time-barred upon the expiry of 1 year from the date of his knowledge of those entitlements or 5 years from the date they fall due, whichever period Civil Matters — Volume 11 · Source page ٤٥٥
  26. Principle 2359Labour action. Its lapse upon the passage of one year from the date of termination of the employment contract. Existence of an impediment to claiming the right. Its effect. Suspension of the running of that period and coCivil Matters — Volume 11 · Source page ٤٥٥
  27. Principle 2360Commission agency for carriage. Its nature: a contract under which the agent undertakes to contract, in his own name or in his principal's name, with a carrier to transport a thing or a person to a specified destination Civil Matters — Volume 11 · Source page ٤٥٥
  28. Principle 2361A labour action. It is not heard after one year has elapsed from termination of the employment contract. This period is subject to suspension and interruption. - The procedure by which a labour action begins. Its nature.Civil Matters — Volume 11 · Source page ٤٥٥
  29. Principle 2362Rights arising from the application of the provisions of the Private Sector Labour Law. Claims thereto may not be heard upon the lapse of one year from the date of termination of the contract. The rationale therefor. - TCivil Matters — Volume 11 · Source page ٤٥٦
  30. Principle 2365The employee's knowledge of his financial entitlement, its extent, its essential elements, its due date and the entity owing it. Its effect. The limitation period for his right to claim it. One year from the date of thisCivil Matters — Volume 11 · Source page ٤٥٧
  31. Principle 2366The labour action. It shall not be heard upon the expiry of one year from the date of termination of the employment contract. The reason thereof. - The procedure by which a labour action commences. Its nature. The appellCivil Matters — Volume 11 · Source page ٤٥٧
  32. Principle 2367Interruption of the period prescribed for barring the hearing of an action. Its grounds. The 2 Articles 448, Civil Code. - Interruption of the period prescribed for barring the hearing of an action. Its effect. Article 4Civil Matters — Volume 11 · Source page ٤٥٧
  33. Principle 2368Actions arising from a maritime carriage contract. Their extinction upon the lapse of one year from the date of delivery of the goods or the date on which delivery should have taken place. The running of limitation is inCivil Matters — Volume 11 · Source page ٤٥٧
  34. Principle 2370A ruling that the proceedings in an action have lapsed or have expired through passage of time. Its effect. The judgments rendered therein ordering evidentiary measures cease to have effect, and all procedural steps, incCivil Matters — Volume 11 · Source page ٤٥٨
  35. Principle 2371Limitation of merchants' rights. Its period is one year. Its condition. They must concern things supplied by them to persons who do not trade in them but use them for private consumption. Reason therefor. - Establishing Civil Matters — Volume 11 · Source page ٤٥٨
  36. Principle 2372An action for rescission owing to a deficiency or excess in the thing sold. It is time-barred upon the lapse of one year from delivery. Other actions for rescission owing to one contracting party’s breach of his obligatiCivil Matters — Volume 11 · Source page ٤٥٩
  37. Principle 2373An employee's right to claim the financial entitlements established for him against the Government. It becomes time-barred upon the lapse of one year from the date of his knowledge of these rights or five years from the Civil Matters — Volume 11 · Source page ٤٥٩
  38. Principle 2375An action under the warranty against defects. Its forfeiture period. One year from the date of delivery of the thing sold. The purchaser's knowledge of the defect after its expiry. Has no effect, unless otherwise agreed Civil Matters — Volume 11 · Source page ٤٥٩
  39. Principle 2376Labour action. Its prescription after one year from the time the contract terminates. Article 96/1 of Law No. 38 of 1964. - The period prescribed for barring the hearing of an action is interrupted by a judicial claim, eCivil Matters — Volume 11 · Source page
  40. Principle 2380Actions arising from a loading and unloading contract are time-barred after one year. The reason therefor. Art. 201/1 of the Maritime Commercial Code. - Grounds for interruption of limitation in actions arising from loadCivil Matters — Volume 11 · Source page
  41. Principle 2382Actions specified in Article 201 of the Maritime Commerce Law (which are extinguished after one year). Grounds for interrupting prescription therein. The legislature added special grounds thereto, including the creditor’Civil Matters — Volume 11 · Source page
  42. Principle 2383The employee's right to claim his prescribed financial entitlements. Its prescription upon the expiry of five years from the date of entitlement or one year from the date he becomes aware of them, whichever period expireCivil Matters — Volume 11 · Source page
  43. Principle 2384One-year prescription. Its condition: the employee’s certain knowledge of the entitlement claimed, clearly and plainly encompassing the basis of the entitlement, its amount, and all its elements.Civil Matters — Volume 11 · Source page
  44. Principle 2385One-year prescription of the employee's rights. The condition for applying it. The employee's certain knowledge of the right claimed as regards its basis, amount, number and all its elements. Absence of those and ambiguiCivil Matters — Volume 11 · Source page
  45. Principle 2386The binding authority of a criminal judgment rendered for the offense of insult through publication. Its effect. The compensation action is subject to the time-bar period stipulated in Article 23 of Law 3/1961 concerningCivil Matters — Volume 11 · Source page
  46. Principle 2388The cheque holder’s recourse action. Its prescription by a special prescription period of six months from the time limit for its presentment. The effect thereof.Civil Matters — Volume 11 · Source page
  47. Principle 2391The insurer's payment to the insured or injured party of his entitlement. Its effect. Its statutory subrogation to his position in recourse against the liable third party for what it paid. It may exercise the insured's rCivil Matters — Volume 11 · Source page
  48. Principle 2393The three-month period within which an action for compensation for the offences stipulated in the Printing and Publishing Law must be brought. A special forfeiture period. Its time limit is mandatory. Failure of the injuCivil Matters — Volume 11 · Source page
  49. Principle 2394Provisions prescribing special limitation periods for certain rights. They must be narrowly construed. They apply only to the specific cases they encompass; matters outside them are subject to the general rule contained Civil Matters — Volume 11 · Source page
  50. Principle 2397The 3-month period provided for in the third paragraph of Article 33 of the former Press and Publications Law No. 3 of 1961, within which the compensation action must be brought. A forfeiture period. It must be observed Civil Matters — Volume 11 · Source page
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