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

Search this collection

  1. - قطع التقادم

    Principle 2518Limitation of a labour action upon the passage of one year from termination of the employment contract. The debtor's acknowledgment of the right claimed. Its effect. Interruption of limitation and commencement of a perioCivil Matters — Volume 11 · Source page ٤٨٤
  2. Principle 2519Sending a written demand and its receipt by the study mission participant as a procedure interrupting limitation. A matter of fact independently assessed by the court of merits. The condition thereof. - 484 - ObligationCivil Matters — Volume 11 · Source page ٤٨٤
  3. Principle 2520Extinctive limitation is interrupted by a judicial demand. What is meant by this demand. - Assessing whether the conditions for lapse of the right to warranty are met. A matter of fact within the authority of the court oCivil Matters — Volume 11 · Source page ٤٨٥
  4. Principle 2521Invalidity of the originating statement of claim. Its consequences. Annulment of all subsequent procedures and of the effects resulting from its filing, including interruption of prescription, and deeming the proceedingsCivil Matters — Volume 11 · Source page ٤٨٥
  5. Principle 2522A judicial claim that interrupts extinctive prescription pursuant to Article 448 of the Civil Code. Its requirements. The meaning of a categorical demand for the right sought to be recovered. - The statement of claim filCivil Matters — Volume 11 · Source page ٤٨٥
  6. Principle 2523The period prescribed for barring the hearing of an action is interrupted by a judicial claim, even if the action is brought before a court lacking jurisdiction, provided that claim is valid in form and substance. - A woCivil Matters — Volume 11 · Source page ٤٨٥
  7. Principle 2524The application submitted by the worker to the Labour Department to claim his labour entitlements is the procedure by which the judicial claim in the labour action begins. - The worker's bringing his action directly withCivil Matters — Volume 11 · Source page ٤٨٥
  8. Principle 2525Determining the significance of the document issued by the debtor in objection to the debt and its effect regarding prescription, and inferring the existence or absence of an acknowledgment by the debtor as a ground inteCivil Matters — Volume 11 · Source page ٤٨٥
  9. Principle 2526Interruption of the period prescribed for barring the hearing of an action results in a new period beginning from the time the effect arising from the ground of interruption ends. The new period is identical to the firstCivil Matters — Volume 11 · Source page ٤٨٦
  10. Principle 2527The judgment's conclusion that the appeal is impermissible because the amount is below the appeal threshold, without addressing the merits. The appellant's ground of challenge concerning the complaint's effect in interruCivil Matters — Volume 11 · Source page ٤٨٦
  11. Principle 2528Interruption of limitation resulting from a judicial claim requires that claim to be valid in form and substance. This is not achieved unless a final judgment is rendered therein referring its claimant to all or part of Civil Matters — Volume 11 · Source page ٤٨٦
  12. Principle 2529Inferring the existence or absence of the debtor’s acknowledgment of the debt as a ground interrupting limitation. A matter for the court of merits.Civil Matters — Volume 11 · Source page ٤٨٦
  13. Principle 2530The prescribed period for non-hearing of an action is interrupted by the debtor’s express or implied acknowledgment of the creditor’s right. What follows therefrom. A new period begins to run.Civil Matters — Volume 11 · Source page ٤٨٦
  14. Principle 2531The debtor’s express or implied acknowledgment of the creditor’s right. Its effect. Interruption of the prescription period. The rationale therefor. - The debtor’s leaving his property pledged under a possessory pledge tCivil Matters — Volume 11 · Source page ٤٨٦
  15. Principle 2532Plea of prescription. Its effect. The court must examine its conditions. - The debtor’s express or implied acknowledgment of the creditor’s right. Its effect. Interruption of prescription. Requesting time to pay or negotCivil Matters — Volume 11 · Source page ٤٨٦
  16. Principle 2533Inferring the existence of al-min's acknowledgment of the debt contained in the arbitration submission agreement as a ground for interrupting prescription. A factual matter independently determined by the trial judge. CoCivil Matters — Volume 11 · Source page ٤٨٧
  17. Principle 2534A judicial claim interrupting prescription. Its conditions. An action brought for the appointment of an expert does not interrupt prescription. The rationale therefor.Civil Matters — Volume 11 · Source page ٤٨٧
  18. Principle 2535The effect which the legislature attaches to a legal procedure. Its basis. The procedure’s conformity with the requirements prescribed for it by law. Interruption of limitation as a result of a judicial claim. Its conditCivil Matters — Volume 11 · Source page ٤٨٧
  19. Principle 2536Provisions prescribing limitation for certain rights. They must be construed narrowly and apply only to the cases they specifically encompass. Matters outside them are governed by the general rule prescribed in Article 4Civil Matters — Volume 11 · Source page ٤٨٧
  20. Principle 2537A plea of prescription. The trial court must examine its requirements. - The period prescribed for an action not to be heard by prescription pursuant to Article 449, Civil Code. Its interruption by the debtor’s express oCivil Matters — Volume 11 · Source page ٤٨٧
  21. Principle 2538Interruption of the period prescribed for barring the hearing of an action. Its grounds. Articles 448, 449 of the Civil Code. - Interruption of the period prescribed for barring the hearing of an action. Its effect. ArtiCivil Matters — Volume 11 · Source page ٤٨٧
  22. Principle 2539The prescribed period barring the hearing of a labour action is subject to interruption and suspension. Basis thereof. - Interruption occurs through a judicial demand and its equivalents. - Suspension occurs whenever an Civil Matters — Volume 11 · Source page ٤٨٨
  23. Principle 2540The general rule is that a procedure interrupting prescription must relate to the right sought to be enforced and be taken between the same litigants. If the two rights differ or the litigants differ. It produces no effeCivil Matters — Volume 11 · Source page ٤٨٨
  24. Principle 2541Prescription of income tax. It begins to run from the date of the event giving rise to it, namely the day following the date on which the tax legislature required the taxpayer to submit a statement of the income tax due Civil Matters — Volume 11 · Source page ٤٨٨
  25. Principle 2543The debtor’s acknowledgment of his creditor’s right by any expression of intent binding upon him. Its effect. Interruption of prescription and elimination of its effect. Commencement of a new prescription identical to thCivil Matters — Volume 11 · Source page ٤٨٩
  26. Principle 2544Referral by the criminal court of the civil action to the civil court for determination. The latter court is lawfully seised thereof by virtue of the referral, without any need to follow the procedure prescribed by ArticCivil Matters — Volume 11 · Source page ٤٨٩
  27. Principle 2545A judicial demand interrupting limitation. Its nature: bringing an action to enforce the right, even before a court lacking jurisdiction. Reason therefor: this conduct indicates the creditor's definite intention to recovCivil Matters — Volume 11 · Source page ٤٨٩
  28. Principle 2546Extinctive prescription. Interrupted by a judicial claim embodying an unequivocal demand for the right sought to be recovered. Its effect. A statement of claim asserting a right interrupts prescription only in respect ofCivil Matters — Volume 11 · Source page ٤٨٩
  29. Principle 2547A plea of limitation. Its consequence. The court must examine its legal requirements, including the period and any suspension or interruption affecting it.Civil Matters — Volume 11 · Source page ٤٩٠
  30. Principle 2548An heir's acknowledgment is evidence binding only on the acknowledging party. It does not result in interruption of limitation or waiver thereof after entitlement thereto has arisen in respect of the remaining heirs if oCivil Matters — Volume 11 · Source page ٤٩٠
  31. Principle 2549The limitation period. It is interrupted by a judicial claim, even if the action is brought before a court lacking jurisdiction, and the statement of claim continues to produce its effects in interrupting limitation untiCivil Matters — Volume 11 · Source page ٤٩٠
  32. Principle 2550A judicial demand interrupting extinctive limitation pursuant to Article 448 of the Civil Code. Condition thereof. It must constitute an unequivocal demand for the right sought to be enforced. - A statement of claim fileCivil Matters — Volume 11 · Source page ٤٩٠
  33. Principle 2551The period prescribed for barring the hearing of an action. Interrupted by a judicial claim even if the action is brought before a court lacking jurisdiction. A judgment deeming the action never to have been brought. ItsCivil Matters — Volume 11 · Source page ٤٩٠
  34. Principle 2552Grounds for interrupting limitation in actions arising from loading and unloading. The legislature added new grounds thereto, including the creditor's demand upon the debtor for the right by registered letter with acknowCivil Matters — Volume 11 · Source page ٤٩١
  35. Principle 2553Actions referred to in Article 201 of the Maritime Commercial Code. Grounds for interrupting limitation therein. The legislature added special grounds thereto, including the creditor's demand upon the debtor for the righCivil Matters — Volume 11 · Source page ٤٩١
  36. Principle 2554Grounds interrupting limitation. Exhaustively specified. Articles 448, 449 of the Civil Code. No other grounds may be relied upon to assert interruption of limitation. - Service of the enforceable instrument interruptingCivil Matters — Volume 11 · Source page ٤٩١
  37. Principle 2556The prescribed period for non-hearing of an action. It is interrupted by a judicial demand, even if brought before a court lacking jurisdiction, or by service of the enforcement instrument, attachment, the creditor’s assCivil Matters — Volume 11 · Source page ٤٩١
  38. Principle 2557An action is deemed brought and produces its effects, including interruption of prescription, upon the mere filing of its statement with the court registry, even if the court lacks jurisdiction and regardless of the dateCivil Matters — Volume 11 · Source page ٤٩٢
  39. Principle 2558Prescription is interrupted only by a judicial claim, formal notice, or attachment. A demand for payment preceding a payment order. Does not interrupt prescription. The formal notice that interrupts prescription: that whCivil Matters — Volume 11 · Source page
  40. Principle 2559The debtor’s acknowledgment of the creditor’s right. Its effect. Interruption of prescription and commencement of a new limitation period running from the time the acknowledgment is made. What is meant thereby. The acknoCivil Matters — Volume 11 · Source page
  41. Principle 2561Extinctive prescription is interrupted by a judicial claim, even before a court lacking jurisdiction. A final judgment dismissing it. Its effect: removal of its effect in interrupting prescription, treating that effect aCivil Matters — Volume 11 · Source page
  42. Principle 2562The principle is that an agent acts in the principal’s name. Exception: the agent acts in his personal name. Rationale: concealing the principal’s name in the transaction if the principal so wishes. Effect thereof. TheirCivil Matters — Volume 11 · Source page
  43. Principle 2563The plea of limitation. The court must examine its conditions. Interruption of the prescribed limitation period by the debtor’s express or implied acknowledgment. - The implied acknowledgment that interrupts limitation mCivil Matters — Volume 11 · Source page
  44. Principle 2565The relative effect of a measure interrupting limitation. Sending notices to the company not legally liable for the tax does not produce the effect of interrupting limitation as regards its shareholders.Civil Matters — Volume 11 · Source page
  45. Principle 2566Prescription of a labour action upon the lapse of one year from termination of the employment contract. The debtor's acknowledgment of the right claimed. Its effect. Interruption of prescription and commencement of a perCivil Matters — Volume 11 · Source page
  46. Principle 2567Actions arising from a maritime employment contract become time-barred after one year. What interrupts this limitation. A demand by letter with acknowledgment of receipt, settlement negotiations or appointment of an expeCivil Matters — Volume 11 · Source page
  47. Principle 2568Interruption of the period prescribed for non-hearing of the action results in a new period beginning from the time the effect resulting from the ground of interruption ends. The new period is identical to the first periCivil Matters — Volume 11 · Source page
  48. Principle 2569The period prescribed for barring the hearing of an action is interrupted by the debtor’s express or implied acknowledgment of the creditor’s right. Consequence thereof. A new period begins to run.Civil Matters — Volume 11 · Source page
  49. Principle 2570A natural obligation. Its suitability as the cause of a civil obligation. Its meaning. The debtor’s undertaking of a natural obligation that he knows he is not compelled to perform. The obligation is valid, and the debtoCivil Matters — Volume 11 · Source page
  50. Principle 2571Invoking one type of prescription does not dispense with invoking another type thereof. The reason therefor. - Invoking a type of prescription for the first time before the Court of Cassation constitutes a new, inadmissiCivil Matters — Volume 11 · Source page
PreviousPage 46 of 83Next