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 الصرفي

    Principle 2400The parties to a sale may agree to amend the period for lapse of an action under the warranty against defects by extending it. The agreed period is the period upon whose expiry it is extinguished. Its nature. A prescriptCivil Matters — Volume 11 · Source page ٤٦٤
  2. Principle 2401Limitation in respect of negotiable instruments is based on a presumption of payment. Supplementing this presumption by a supplementary oath. Assessment of whether the debtor's conduct detracts from this presumption. A mCivil Matters — Volume 11 · Source page ٤٦٥
  3. Principle 2402Prescription of negotiable-instrument claims under the former Commercial Code. Based on a presumption of payment.Civil Matters — Volume 11 · Source page ٤٦٥
  4. Principle 2403The legislature’s requirement that a commercial instrument contain specified particulars. Its purpose. The consequence of the absence of one of these particulars. The instrument loses its negotiable character and becomesCivil Matters — Volume 11 · Source page ٤٦٥
  5. Principle 2404Limitation relating to negotiable instruments. It rests on a presumption of payment of the debt. - The presumption of payment of the debt underlying limitation relating to negotiable instruments. Incomplete evidence. ItsCivil Matters — Volume 11 · Source page ٤٦٥
  6. Principle 2405Omission of one of the formal particulars of a bill of exchange. Its effect. Loss of its character as a negotiable instrument and its conversion into an ordinary instrument. The implication thereof. The debt evidenced thCivil Matters — Volume 11 · Source page ٤٦٥
  7. Principle 2406Creation of a commercial instrument as a means of discharging a pre-existing obligation results in a new obligation, namely the obligation under the instrument, alongside the ordinary obligation. The creditor may choose Civil Matters — Volume 11 · Source page ٤٦٥
  8. Principle 2407Creation of a commercial instrument as a means of discharging a prior obligation entails the creation of a new obligation, namely the negotiable-instrument obligation, alongside the original obligation. Effect thereof: tCivil Matters — Volume 11 · Source page ٤٦٦
  9. Principle 2408Limitation of negotiable instruments rests on a presumption of payment of the debt, on the assumption that the creditor has received satisfaction from the debtor. The creditor may reinforce this presumption by a supplemeCivil Matters — Volume 11 · Source page ٤٦٦

  10. عدم تقادم الحقوق الشرعية

    Principle 2409Limitation applicable to negotiable instruments. Its basis in the presumption of payment of the debt, namely the assumption that the creditor has received satisfaction of his right from his debtor. This presumption is reCivil Matters — Volume 11 · Source page ٤٦٦

  11. - وقف التقادم

    Principle 2414The employment relationship. May be considered a moral impediment preventing the worker from claiming his right. Determination thereof. A question of fact.Civil Matters — Volume 11 · Source page ٤٦٧
  12. Principle 2415Limitation does not run whenever an impediment exists that prevents the creditor from claiming the creditor’s right. The existence of an impediment that suspends limitation and makes it impossible for the right-holder toCivil Matters — Volume 11 · Source page ٤٦٧
  13. Principle 2416Determination of the existence of an impediment suspending limitation of the action. A matter of fact within the independent discretion of the trial court. An example in a labour action.Civil Matters — Volume 11 · Source page ٤٦٧
  14. Principle 2417Rights arising from representation or agency in favor of the person represented or the principal against the representative or agent. Suspension applies to actions brought in respect thereof. Suspension of the prescriptiCivil Matters — Volume 11 · Source page ٤٦٧
  15. Principle 2418Labour action. The period barring it from being heard. Article 96 of Law 38/1964: one year from the date of termination of the employment contract. Extinctive prescription subject to suspension and interruption. The impeCivil Matters — Volume 11 · Source page ٤٦٧
  16. Principle 2419The 1-year period restricting the hearing of a labour action. An extinctive limitation period subject to interruption and suspension. Its import: it does not run because of a moral impediment. Example.Civil Matters — Volume 11 · Source page ٤٦٨
  17. Principle 2420The running of prescription for a compensation action based on an act constituting an offence is suspended throughout the period during which the criminal trial continues and resumes only upon issuance of the final judgmCivil Matters — Volume 11 · Source page ٤٦٨
  18. Principle 2421The impediment suspending the running of the limitation period for an action. Its nature. Establishing this impediment is within the trial court’s authority, provided its inference is reasonable.Civil Matters — Volume 11 · Source page ٤٦٨
  19. Principle 2422Restricting the hearing of a labour action by the lapse of 1 year from the date of termination of the employment contract. Its conformity with the general formulation of extinctive limitation, which is subject to interruCivil Matters — Volume 11 · Source page ٤٦٨
  20. Principle 2423Ascertaining the facts and what constitutes a ground attributable to compelling material circumstances for suspending prescription. Within the trial court’s authority.Civil Matters — Volume 11 · Source page ٤٦٨
  21. Principle 2425The impediment suspending the running of the period necessary for hearing the action. Its nature. Assessment of its existence. A matter of fact independently determined by the court of merits. The condition for this.Civil Matters — Volume 11 · Source page ٤٦٨
  22. Principle 2426Assessment of the existence or absence of an impediment suspending the running of limitation. A matter for the trial court. Example: treating the Iraqi invasion of the country as a material impediment suspending the runnCivil Matters — Volume 11 · Source page ٤٦٨
  23. Principle 2427The impediment suspending the running of the limitation period for an action. Its nature. Determining the existence or absence of this impediment is a matter of fact independently determined by the judge of merits. The cCivil Matters — Volume 11 · Source page ٤٦٩
  24. Principle 2429Assessment of the existence of an impediment suspending prescription falls within the trial court’s authority. The condition thereof.Civil Matters — Volume 11 · Source page ٤٦٩
  25. Principle 2430The one-year period whose expiry from the date of termination of the employment contract the legislature made a restriction on hearing the action. Its nature. The period prescribed for barring the hearing of the action dCivil Matters — Volume 11 · Source page ٤٦٩
  26. Principle 2431Suspension of the running of prescription. Its prerequisite. - The defense of prescription. Its consequence. The court of merits must examine its legal conditions, including the period and any suspension or interruption Civil Matters — Volume 11 · Source page ٤٦٩
  27. Principle 2432The impediment suspending the running of prescription of the right claimed. Its nature. Inferring this impediment. Within the authority of the court of merits. The condition is that the inference be reasonable. An examplCivil Matters — Volume 11 · Source page ٤٦٩
  28. Principle 2433Suspension of limitation due to an impediment making it impossible for the creditor to claim his right in due time. Assessment of its existence. A factual matter exclusively for the court of merits.Civil Matters — Volume 11 · Source page ٤٦٩
  29. Principle 2434Ascertaining whether or not an impediment to claiming the right exists which constitutes a ground for suspending prescription. A question of fact independently assessed by the trial court. The condition therefor. - 469 -Civil Matters — Volume 11 · Source page ٤٦٩
  30. Principle 2435The impediment suspending the running of prescription. What is meant thereby. Assessment of the existence or absence of the impediment is within the trial court’s authority. The condition thereof. An example of what doesCivil Matters — Volume 11 · Source page ٤٧٠
  31. Principle 2436The impediment that suspends the running of prescription. Its meaning. - Assessment of the existence or absence of the impediment falls within the authority of the court of merits. The condition therefor. An example of wCivil Matters — Volume 11 · Source page ٤٧٠
  32. Principle 2439The worker's rights arising from the employment contract. Become time-barred after 1 year from the time the contract terminates. - The impediment suspending the running of limitation. What is meant by it. - Inferring theCivil Matters — Volume 11 · Source page ٤٧٠
  33. Principle 2440The impediment considered a ground for suspending the running of the legally prescribed period barring the hearing of an action through passage of time: is that which makes it impossible for the creditor to claim his rigCivil Matters — Volume 11 · Source page ٤٧٠
  34. Principle 2441Lapse of proceedings. Its nature. A sanction imposed on the plaintiff and persons in an equivalent position upon causing the failure to proceed with the action for one year from the last valid procedural step, by his actCivil Matters — Volume 11 · Source page ٤٧٠
  35. Principle 2442Ascertainment of the facts of the action and assessment of whether or not an impediment suspending its prescription exists. A question of fact. Example of what is not considered an impediment suspending prescription.Civil Matters — Volume 11 · Source page ٤٧١
  36. Principle 2443A harmful act is one of the sources of obligation. Its two categories: an unlawful act and bodily harm requiring compensation under the provisions governing diyah in Islamic Sharia when the avenue to redressing the damagCivil Matters — Volume 11 · Source page ٤٧١
  37. Principle 2444An action for compensation for an unlawful act arising from a crime does not become time-barred as long as the criminal action remains pending. Suspension of this period so long as no decision has been issued in the crimCivil Matters — Volume 11 · Source page ٤٧١
  38. Principle 2445Institution of criminal proceedings against the perpetrator. Its effect. Suspension of the running of prescription in respect of the injured party throughout the trial proceedings and until a final criminal judgment is rCivil Matters — Volume 11 · Source page ٤٧١
  39. Principle 2446An impediment constituting a ground for suspending the running of the period required for barring the hearing of an action by lapse of time. Its nature. Assessment thereof. A matter for the court of merits. Example: accuCivil Matters — Volume 11 · Source page
  40. Principle 2447The injured party's action seeking compensation for an unlawful act constituting an offence. The running of prescription in respect thereof is suspended throughout the period during which the criminal trial of the perpetCivil Matters — Volume 11 · Source page
  41. Principle 2448The impediment to the running of the statutory period prescribed for an action not to be heard by reason of lapse of time. Its nature. - The impediment constituting a cause for suspending the running of the period requirCivil Matters — Volume 11 · Source page
  42. Principle 2449A civil action based on a crime is not time-barred unless the criminal action is time-barred. Criterion thereof. - The injured party’s choice of the civil rather than the criminal route to claim compensation. Its effect.Civil Matters — Volume 11 · Source page
  43. Principle 2451The impediment considered a ground for suspending the running of the period necessary to bar the hearing of an action through passage of time. Its nature. Assessment of the existence of this impediment. A matter for the Civil Matters — Volume 11 · Source page
  44. Principle 2452The Civil Code is the law governing all matters for which no provision exists in the Commercial Law and its supplementary legislation. An example concerning provisions governing suspension of limitation. - Assessment of Civil Matters — Volume 11 · Source page
  45. Principle 2453The period prescribed for barring the hearing of an action. Does not run whenever an impediment exists that makes it impossible for the creditor to claim his right. Nature of this impediment. Assessment of its existence.Civil Matters — Volume 11 · Source page
  46. Principle 2454The end-of-service gratuity due to employees who were in service on 1/8/1990 and with whom contracts were concluded pursuant to the instructions contained in Circular 2 of 1991. Deferral of its payment until the end of tCivil Matters — Volume 11 · Source page
  47. Principle 2455The 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 prescriptive period subject to suspension and iCivil Matters — Volume 11 · Source page
  48. Principle 2456Establishment that the respondent company insisted that the appellant continue working during the Iraqi invasion period because it needed to operate the factory owing to the vital materials it produced, that it drew up aCivil Matters — Volume 11 · Source page
  49. Principle 2457The limitation period as between principal and representative. It does not run so long as the representation continues. The reason therefor. The representative's possession of the principal's property is precarious posseCivil Matters — Volume 11 · Source page
  50. Principle 2458The impediment suspending the running of the period required to bar the hearing of an action by lapse of time. Its nature. The impediment must not be attributable to the creditor’s fault or negligence. Assessment of the Civil Matters — Volume 11 · Source page
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