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. - التمسك بالتقادم

    Principle 2572The defense of prescription. Not a matter of public policy. Invoking one type of prescription does not dispense with invoking another type. Rationale.Civil Matters — Volume 11 · Source page ٤٩٦
  2. Principle 2573Characterisation of the parties’ pleas. The determining consideration therein. The substance and purpose of the plea, not its designation. - A plea that the period prescribed for bringing the action has expired. It conceCivil Matters — Volume 11 · Source page ٤٩٦
  3. Principle 2574The appellant's failure to maintain the plea that the right is extinguished by limitation previously raised before the court of first instance means it is not deemed submitted to the Court of Appeal.Civil Matters — Volume 11 · Source page ٤٩٦
  4. Principle 2575Army conscripts employed by State ministries and departments. During their conscription, they are regarded as army personnel whose affairs are governed by laws and decisions concerning the army, not by the Civil Service Civil Matters — Volume 11 · Source page ٤٩٦
  5. Principle 2577The act contrary to subscription. Its not being criminally punishable. Its effect. The nullity action lapses upon the passage of three years from the date of closure of subscription. The lapse period. What is meant thereCivil Matters — Volume 11 · Source page ٤٩٦
  6. Principle 2578Invoking one type of limitation before the trial court does not dispense with invoking another type. The rationale therefor. Each limitation has its own conditions and rules.Civil Matters — Volume 11 · Source page ٤٩٧
  7. Principle 2579The plea of limitation. It does not concern public policy and must be invoked before the court of merits; invoking one type of limitation before it does not dispense with invoking another type of limitation. Reason thereCivil Matters — Volume 11 · Source page ٤٩٧
  8. Principle 2580Prescription. Does not concern public policy. Invoking one type of prescription before the court. Does not dispense with invoking another type thereof. The rationale therefor.Civil Matters — Volume 11 · Source page ٤٩٧
  9. Principle 2581The defense that the period prescribed by law for bringing the action has expired. A substantive defense of inadmissibility concerning the right to bring the action as a right separate from the right for whose protectionCivil Matters — Volume 11 · Source page ٤٩٧

  10. - التنازل عن التقادم

    Principle 2584Rights 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 ٤٩٧

  11. - سريان القوانين المتعلقة بالتقادم

    Principle 2585Waiver of limitation after the right thereto has accrued. It cannot be based on conjecture. It must be clear and unambiguous. It may be express or implied. The condition for this. Waiver of limitation in cases of doubt iCivil Matters — Volume 11 · Source page ٤٩٨
  12. Principle 2589Legislation regulating tax assessment procedures. Mandatory rules pertaining to public policy. The effect thereof. The court must apply them of its own motion, and their violation entails nullity. - Assessment of customsCivil Matters — Volume 11 · Source page ٤٩٩
  13. Principle 2590Law 15 of 1979 concerning the Civil Service does not apply to military members of the police. - The absence in Law 23 of 1968 concerning the Police Force System of a provision regulating prescription of the Ministry of ICivil Matters — Volume 11 · Source page ٤٩٩
  14. Principle 2591Interruption of the period prescribed for barring the hearing of an action. Its grounds. Articles 448, 449 of the Civil Code. Its effect: Article 450 of the Civil Code. - 499 - Obligation - Grounds for interrupting limitCivil Matters — Volume 11 · Source page ٤٩٩
  15. Principle 2595An action claiming yield from usurpation. Its lapse upon the passage of fifteen years. The three-year prescription stipulated in Article 253 of the Civil Code does not apply to it. Its effect. The claim for compensation Civil Matters — Volume 11 · Source page ٥٠١
  16. Principle 2596Prescription of income tax. Its running begins 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 return of the income tax due fCivil Matters — Volume 11 · Source page ٥٠١
  17. Principle 2598Possession of immovable property satisfying its conditions for fifteen years. A presumption of the possessor’s ownership. The successor may add the period of his predecessor’s possession to complete the prescribed periodCivil Matters — Volume 11 · Source page ٥٠٢
  18. Principle 2600Laws relating to limitation. They apply from their effective date to every limitation period not completed. The old law governs the portion of the limitation period that ran under it with regard to determining the momentCivil Matters — Volume 11 · Source page ٥٠٢
  19. Principle 2601The mere existence of a road on the disputed land does not, in itself, constitute evidence of the State's ownership thereof. Reason for this. The use of privately owned land as a thoroughfare does not alone constitute itCivil Matters — Volume 11 · Source page ٥٠٢

  20. - تفسير النصوص المتعلقة بالتقادم

    Principle 2604Laws relating to limitation. They apply from their entry into force to every limitation period not yet completed. - The three-month period provided for in paragraph 3 of Article 33 of the former Press and Publications LaCivil Matters — Volume 11 · Source page ٥٠٣
  21. Principle 2605Statutory provisions prescribing special limitation periods for certain rights. Must be construed narrowly so that they apply only to the specific cases they encompass.Civil Matters — Volume 11 · Source page ٥٠٣
  22. Principle 2606The employee's right to claim the financial rights established for him. It is time-barred upon the lapse of 1 year from the date of his knowledge of these rights or 5 years from the date of entitlement, whichever period Civil Matters — Volume 11 · Source page ٥٠٣
  23. Principle 2607Provisions prescribing limitation periods for certain rights. They must be construed narrowly and apply only to the specific cases they encompass. Matters outside their scope are governed by the general rule prescribed iCivil Matters — Volume 11 · Source page ٥٠٤

  24. - حساب مواعيد التقادم

    Principle 2609The three-month period within which a compensation action must be brought for the offences provided for in the Press and Publications Law. A special forfeiture period. Its time limit is mandatory. The injured party's faiCivil Matters — Volume 11 · Source page ٥٠٤
  25. Principle 2610Laws relating to prescription. Their application, from their effective date, to every prescriptive period that has not been completed. - The three-month period stipulated in the third paragraph of Article 33 of the formeCivil Matters — Volume 11 · Source page ٥٠٤

  26. - عدم تعلق الدفع بالتقادم بالنظام العام

    Principle 2612Calculation of the running of limitation begins when the right claimed arises. - The plea of limitation does not concern public policy:Civil Matters — Volume 11 · Source page ٥٠٥
  27. Principle 2613Prescription does not concern public policy. Pleading it for the first time before the Court of Cassation. Impermissible.Civil Matters — Volume 11 · Source page ٥٠٥
  28. Principle 2614Invoking a type of limitation for the first time before the Court of Cassation. A new ground. Inadmissible. Invoking one type of limitation. Does not dispense with invoking another type.Civil Matters — Volume 11 · Source page ٥٠٥
  29. Principle 2615Non-hearing of a labour action brought more than one year after the date of termination of the employment contract. The plea thereof does not concern public policy. It may not be raised for the first time before the CourCivil Matters — Volume 11 · Source page ٥٠٥
  30. Principle 2616A plea of limitation does not concern public policy and must be raised before the trial court. Invoking a particular type of limitation does not mean invoking another type.Civil Matters — Volume 11 · Source page ٥٠٦
  31. Principle 2617The plea of limitation. It does not concern public policy. Invoking one type of limitation does not dispense with invoking another type. The rationale therefor.Civil Matters — Volume 11 · Source page ٥٠٦
  32. Principle 2618The appellant’s failure to maintain the plea that the right is extinguished by limitation previously raised before the court of first instance. It is not considered to be before the Court of Appeal.Civil Matters — Volume 11 · Source page ٥٠٦
  33. Principle 2619The defence of prescription does not concern public policy. It must be invoked before the court of merits. Raising a defence based on one type of prescription before it does not dispense with invoking another type. It muCivil Matters — Volume 11 · Source page ٥٠٦
  34. Principle 2620The plea of limitation. Does not concern public policy. Raising it for the first time before the Court of Cassation. Impermissible. Example.Civil Matters — Volume 11 · Source page ٥٠٦
  35. Principle 2621The plea of prescription. It does not concern public policy. Its implication. It must be invoked before the court of merits. Its effect. Raising a plea of one type of prescription before it does not dispense with invokinCivil Matters — Volume 11 · Source page ٥٠٦
  36. Principle 2622A new ground unrelated to public policy. The appellant may not invoke it for the first time before the Court of Cassation. - A plea of limitation. It does not concern public policy. - 506 - ObligationCivil Matters — Volume 11 · Source page ٥٠٦

  37. - سلطة محكمة الموضوع في استخلاص التقادم

    Principle 2625Interruption of limitation. The trial court may declare it of its own motion if its cause is established before it.Civil Matters — Volume 11 · Source page ٥٠٧
  38. Principle 2626Ascertaining and understanding the facts, assessing and weighing documents and evidence, and ascertaining the event by which limitation begins. Within the authority of the trial court.Civil Matters — Volume 11 · Source page
  39. Principle 2627The event commencing limitation. Assessment of its ascertainment. A matter for the court of merits, provided it is sound.Civil Matters — Volume 11 · Source page
  40. Principle 2628Ascertaining the fact from which limitation begins. A matter for the court of fact, provided its conclusion is reasonable. Example.Civil Matters — Volume 11 · Source page
  41. Principle 2629Non-hearing of an action. Its condition. Abandonment of the property while grounds for the action exist, and another's usurpation of the property, encroachment upon it, and denial of its owner's right. Merely abandoning Civil Matters — Volume 11 · Source page
  42. Principle 2630The knowledge that starts the short prescription period. What is meant thereby. Actual knowledge encompassing the occurrence of the damage and the identity of the person responsible for it. The lapse of three years from Civil Matters — Volume 11 · Source page
  43. Principle 2631An impediment constituting a ground for suspending the running of the period required for an action to become non-hearable through the passage of time. Its nature and condition. Assessment of the existence or absence of Civil Matters — Volume 11 · Source page
  44. Principle 2633The plea of limitation. Its implication. The court must examine its legal conditions, including the period and any suspension or interruption affecting it. - Assessment of the existence of an impediment suspending limitaCivil Matters — Volume 11 · Source page
  45. Principle 2635An action for liability for an unlawful act is barred upon the lapse of three years from the day the injured party became aware of the damage and the person responsible for it, or fifteen years from the date of occurrencCivil Matters — Volume 11 · Source page
  46. Principle 2636Ascertainment of the event from which limitation begins. Within the trial judge’s authority. The condition for this.Civil Matters — Volume 11 · Source page
  47. Principle 2637Assessment of the existence or absence of this impediment. A matter of fact within the independent discretion of the trial court. An example of what does not constitute an impediment suspending limitation in a labour actCivil Matters — Volume 11 · Source page
  48. Principle 2638Inferring the commercial nature of an act and determining the event from which limitation begins. A matter for the court of merits. Provided it is sound.Civil Matters — Volume 11 · Source page
  49. Principle 2639Assessing the existence of an impediment suspending the running of prescription. A matter for the court of merits, provided it relies on cogent reasons.Civil Matters — Volume 11 · Source page
  50. Principle 2640An employee's right to claim the financial entitlements established for him. It becomes time-barred upon the lapse of five years from the due date or one year from the date of his knowledge thereof, whichever period expiCivil Matters — Volume 11 · Source page
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