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. - وقف التقادم

    Principle 2459Expiry of proceedings upon the lapse of three years from the last valid procedural step therein. That period is an extinctive prescription period for the proceedings themselves. This period is subject to suspension and iCivil Matters — Volume 11 · Source page ٤٧٤
  2. Principle 2461The 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, even if the impediment is moral. Significance thereof. -Civil Matters — Volume 11 · Source page ٤٧٥
  3. Principle 2462Pleading prescription before the court of merits. Its obligation to examine the conditions thereof and any suspension or interruption affecting it.Civil Matters — Volume 11 · Source page ٤٧٥
  4. Principle 2463The impediment suspending the running of the period required for prescription before the courts. Its condition. The existence of the impediment must not be attributable to the creditor's fault or negligence. - AssessmentCivil Matters — Volume 11 · Source page ٤٧٥
  5. Principle 2464Suspension of the running of prescription. Its basis. - The absence of a legal representative for persons lacking legal capacity, absent persons, or persons sentenced to a felony penalty. An impediment making it impossibCivil Matters — Volume 11 · Source page ٤٧٥
  6. Principle 2465The period prescribed for barring the hearing of an action. It is interrupted by a judicial claim, even if brought before a court lacking jurisdiction, by service of the enforcement instrument, by attachment, by the credCivil Matters — Volume 11 · Source page ٤٧٦
  7. Principle 2466The impediment that suspends the running of prescription. It is a cause affecting the creditor and preventing him from claiming his right judicially at the appropriate time. It makes no difference whether the cause relatCivil Matters — Volume 11 · Source page ٤٧٦
  8. Principle 2467Commencement of the period for extinguishment of proceedings during a stay pending determination of a preliminary issue. Its subjection to the same rules governing commencement of the period for lapse of proceedings. AppCivil Matters — Volume 11 · Source page ٤٧٦
  9. Principle 2468The seller's obligation to warrant against interference with the purchaser. A perpetual obligation arising from the sale contract upon its conclusion, even if it is not registered. Transmission of this obligation to the Civil Matters — Volume 11 · Source page ٤٧٧

  10. - قطع التقادم

    Principle 2469The worker's claim for his rights based on the provisions of the Private Sector Labour Law. It may not be heard after the lapse of 1 year from termination of the employment contract. That period does not run whenever an Civil Matters — Volume 11 · Source page ٤٧٧
  11. Principle 2473Judicial demand interrupts the period of passage of time preventing the non-hearing of the owner's action.Civil Matters — Volume 11 · Source page ٤٧٨
  12. Principle 2474Non-hearing of an action owing to lapse of time. Acknowledgment preventing lapse of time. Its effect. An example concerning ownership.Civil Matters — Volume 11 · Source page ٤٧٨
  13. Principle 2476The acknowledgment in the presence of which the passage of time is not considered a bar to hearing the action. Its nature.Civil Matters — Volume 11 · Source page ٤٧٨
  14. Principle 2477Brokerage remuneration. Its limitation after five years. Interruption of limitation by the debtor's acknowledgment. Non-completion of this period when the new Civil Code entered into force on 25/2/1980. Effect thereof. ACivil Matters — Volume 11 · Source page ٤٧٨
  15. Principle 2478Acknowledgment of a debt. Its effect. Interruption of limitation and commencement of a new limitation period equal in length to the first. Its conversion into a long limitation period if the acknowledgment is embodied inCivil Matters — Volume 11 · Source page ٤٧٨
  16. Principle 2480The notice interrupting prescription is that directed by the creditor holding an enforceable instrument, serving it on the debtor before compulsory enforcement. That which does not qualify as such. It does not interrupt Civil Matters — Volume 11 · Source page ٤٧٩
  17. Principle 2481Establishing the existence or absence of the debtor’s acknowledgment of the debt as a cause interrupting prescription. Its assessment lies independently with the judge of fact.Civil Matters — Volume 11 · Source page ٤٧٩
  18. Principle 2483Abandonment barring the hearing of an action under the Majalla of Judicial Provisions. The excuses stated therein are illustrative. The judge’s authority to draw analogies from them. Recourse to the courts to claim a rigCivil Matters — Volume 11 · Source page ٤٧٩
  19. Principle 2484Prescription of actions arising from a contract of carriage by sea. Interrupted by the creditor’s demand upon the debtor for the right by registered letter with acknowledgment of receipt. Any document issued by the debtoCivil Matters — Volume 11 · Source page ٤٧٩
  20. Principle 2485The notice that interrupts prescription. Article 370 of the former Commercial Code. The instrument addressed by the creditor to the debtor demanding the rights he has against him. A defense unrelated to public policy thaCivil Matters — Volume 11 · Source page ٤٧٩
  21. Principle 2486Interruption of limitation. The trial court may determine it of its own motion if the existence of its two grounds is established before it. - 479 - ObligationCivil Matters — Volume 11 · Source page ٤٧٩
  22. Principle 2487Negotiations that interrupt prescription of actions arising from a contract of carriage by sea. Their nature.Civil Matters — Volume 11 · Source page ٤٨٠
  23. Principle 2488Submission of an application to obtain labour entitlements to the Ministry of Social Affairs and Labour. It initiates the judicial claim and interrupts limitation. Its express or implied abandonment. Its effect. It is deCivil Matters — Volume 11 · Source page ٤٨٠
  24. Principle 2489The liability of the carrier and the vessel for loss or damage. It is discharged if the action is not brought within one year after delivery or from the date on which it should have occurred. The nature of this period. ACivil Matters — Volume 11 · Source page ٤٨٠
  25. Principle 2490The judicial demand interrupting limitation. Its nature. - Extinctive limitation is interrupted by a judicial demand. What is meant by this demand.Civil Matters — Volume 11 · Source page ٤٨٠
  26. Principle 2491The statement of claim filed in respect of a right interrupts prescription only as regards that right and its attached accessories that become due when it becomes due and lapse when it lapses. - Dismissal of the ancillarCivil Matters — Volume 11 · Source page ٤٨٠
  27. Principle 2493The judicial claim that interrupts prescription. Its nature. Bringing an action for the right, even before a court lacking jurisdiction. Merely bringing an action before the judge of urgent matters for an urgent provisioCivil Matters — Volume 11 · Source page ٤٨١
  28. Principle 2494A judicial claim for part of a right interrupts prescription in respect of the remainder. Condition thereof.Civil Matters — Volume 11 · Source page ٤٨١
  29. Principle 2495Inherited compensation. A claim independent of the claim for compensation for personal damage. The effect thereof. A judicial claim for part of either does not interrupt prescription in the action brought for the other rCivil Matters — Volume 11 · Source page ٤٨١
  30. Principle 2496Abandonment requiring an action not to be heard. Its definition in Islamic Sharia. - Non-hearing of an action. Its basis is to prevent the judge from hearing it while the right remains vested in its holder; if it is acknCivil Matters — Volume 11 · Source page ٤٨١
  31. Principle 2497The period prescribed for barring the hearing of an action is interrupted by a judicial demand, even before a court lacking competence or jurisdiction, or any administrative body entrusted by law with adjudicating certaiCivil Matters — Volume 11 · Source page ٤٨١
  32. Principle 2498The worker’s submission of the application to the Ministry of Social Affairs and Labour. Is the procedure by which the judicial claim in labour actions begins and produces the effects of a judicial claim in ordinary actiCivil Matters — Volume 11 · Source page ٤٨١
  33. Principle 2499The statement of claim produces its effects upon filing with the registry, but service thereof is a necessary procedure for constituting the proceedings. - 481 - Obligation - Interruption of limitation by a judicial claiCivil Matters — Volume 11 · Source page ٤٨١
  34. Principle 2500The short limitation period. Its purpose. Protecting the carrier from late claims and ending disputes. It is subject to the general rules governing suspension and interruption of limitation. The legislature’s addition ofCivil Matters — Volume 11 · Source page ٤٨٢
  35. Principle 2501A measure interrupting limitation. Its conditions: it must relate to the right sought to be enforced and the same litigants. A judgment rejecting the plea that the action may not be heard despite the absence of these conCivil Matters — Volume 11 · Source page ٤٨٢
  36. Principle 2502An incidental claim interrupts prescription. What is not regarded as such. The defence or pleas in the action.Civil Matters — Volume 11 · Source page ٤٨٢
  37. Principle 2503Interruption of the period prescribed for hearing the action. Commencement of a new period identical to it. When the new period is 15 years. - The Iraqi invasion of the country, an impediment suspending limitation. - An Civil Matters — Volume 11 · Source page ٤٨٢
  38. Principle 2504Non-hearing, upon denial, of an action claiming fees due to the State. Its period is five years. The debtor's acknowledgment of the creditor's right. Its nature. Its effect in interrupting limitation.Civil Matters — Volume 11 · Source page ٤٨٢
  39. Principle 2505Inferring the existence or absence of the debtor’s acknowledgment of the debt interrupting limitation. A matter of fact independently determined by the court of merits. The condition thereof.Civil Matters — Volume 11 · Source page
  40. Principle 2506Limitation under the Maritime Commercial Code. Cases of its interruption. Article 201/3 thereof. - 482 - Obligation - Expiry of limitation. Its effect. Commencement of a new equivalent period from the time the effect ariCivil Matters — Volume 11 · Source page
  41. Principle 2507The one-year period restricting the hearing of a labour action. An extinctive limitation period subject to interruption and suspension.Civil Matters — Volume 11 · Source page
  42. Principle 2508The one-year period restricting the hearing of a labour action. An extinctive limitation period subject to interruption and suspension. The nature of the procedure by which this action begins.Civil Matters — Volume 11 · Source page
  43. Principle 2509Limitation of the end-of-service gratuity and payment in lieu of leave upon the lapse of one year from termination of the contract. Interruption of the prescribed period for non-hearing of the action. Its effect. CalculaCivil Matters — Volume 11 · Source page
  44. Principle 2510Inferring the existence or absence of the debtor's acknowledgment of the debt as a ground for interrupting limitation. A matter of fact. Its condition.Civil Matters — Volume 11 · Source page
  45. Principle 2511The period prescribed for barring the hearing of an action. Interrupted by a judicial claim, even before a court lacking jurisdiction. A judgment dismissing it or declaring it inadmissible. Its effect. Removal of its effCivil Matters — Volume 11 · Source page
  46. Principle 2512Extinctive prescription is interrupted by a judicial claim, and not before a court lacking jurisdiction. A final judgment dismissing it. Its effect. Removal of its effect in interrupting prescription, deeming prescriptioCivil Matters — Volume 11 · Source page
  47. Principle 2513The relative effect of a procedure interrupting limitation. Sending notices to the company not legally liable for the tax does not have the effect of interrupting limitation in respect of its shareholder partners.Civil Matters — Volume 11 · Source page
  48. Principle 2515The debtor’s acknowledgment of the debt. Interrupts limitation. Example. Of interruption of the period by acknowledgment and commencement of a new period.Civil Matters — Volume 11 · Source page
  49. Principle 2516A labour action is not heard after one year from termination of the employment contract. This period is subject to suspension and interruption. An example.Civil Matters — Volume 11 · Source page
  50. Principle 2517Prescription of the port’s claim concerning cargo. Its interruption by a categorical judicial claim alone. The rationale therefor.Civil Matters — Volume 11 · Source page
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