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. - سلطة محكمة الموضوع في استخلاص التقادم

    Principle 2641Ascertaining and understanding the facts of the action, assessing the existence of an impediment suspending limitation, and ascertaining the event by which it begins. Within the authority of the trial court. The conditioCivil Matters — Volume 11 · Source page ٥٠٩
  2. Principle 2642Inferring the existence or absence of the debtor’s acknowledgment of the debt as a ground interrupting limitation. A matter of fact independently determined by the judge of merits. The condition thereof.Civil Matters — Volume 11 · Source page ٥١٠

  3. أثر القضاء بالتقادم

    Principle 2643An action arising from management of another's affairs without mandate. Its lapse upon the expiration of three years from the day of knowledge that the right arose, or fifteen years from the day on which it arises. ArticCivil Matters — Volume 11 · Source page ٥١٠
  4. Principle 2644Creation of a commercial instrument as a means of discharging a pre-existing obligation. Its effect. Creation of a new obligation, namely the obligation under the instrument, alongside and independent of the original oblCivil Matters — Volume 11 · Source page ٥١٠
  5. Principle 2645The plea that an action may not be heard owing to lapse of time. Is substantive. The court of first instance’s ruling upholding it exhausts its jurisdiction to consider the merits. An appeal lodged against this judgment.Civil Matters — Volume 11 · Source page ٥١٠
  6. Principle 2646A ruling that the proceedings in an action have lapsed or have expired through the passage of time. Its effect. The cessation of judgments rendered therein ordering the taking of evidence and the cancellation of all procCivil Matters — Volume 11 · Source page ٥١٠

  7. حق الحامل في التعويض رغم تقادم دعوى المطالبة بقيمة الشيك

    Principle 2648Extinctive prescription is interrupted by a judicial claim, even before a court lacking jurisdiction. A final judgment rejecting it. Its effect: elimination of its effect in interrupting prescription, treating that effecCivil Matters — Volume 11 · Source page ٥١١

  8. التقادم في مجلة الأحكام العدلية - الترك الموجب لعدم سماع الدعوى

    Principle 2651The plea that an ownership action should not be heard. Determining it requires ascertaining the pleading party’s possession of the disputed property and determining the date of his taking possession and his denial of theCivil Matters — Volume 11 · Source page ٥١٢
  9. Principle 2652Possession in itself is not a means of acquiring ownership in Islamic jurisprudence. Its consideration as a presumption of ownership. The condition therefor.Civil Matters — Volume 11 · Source page ٥١٢
  10. Principle 2653Express acknowledgment of the right in the presence of the adjudicating judge in an action for which the period barring its hearing has been completed. Its effect. Disregarding the lapse of that period and rendering judgCivil Matters — Volume 11 · Source page ٥١٢
  11. Principle 2654The bar to hearing an action provided for in the Majalla of Judicial Provisions is merely a prohibition on the judge hearing it, while the right remains vested in its holder. - The acknowledgment in the presence of whichCivil Matters — Volume 11 · Source page ٥١٢
  12. Principle 2655The excuse preventing the running of the statutory period prescribed for barring the hearing of an action by lapse of time. Its nature. What cannot be regarded as such.Civil Matters — Volume 11 · Source page ٥١٢
  13. Principle 2656Although ownership does not lapse through abandonment, the plea that an action concerning it may not be heard applies whenever its holder abandons it for fifteen lunar years while grounds for bringing it exist. Article 1Civil Matters — Volume 11 · Source page ٥١٢
  14. Principle 2657Leaving an action for a debt unpursued for fifteen years despite the existence of grounds for it arising from another's denial of it. A bar to its hearing.Civil Matters — Volume 11 · Source page ٥١٣
  15. Principle 2658Non-assertion requiring that an ownership action not be heard under the Majalla of Judicial Provisions. Its nature.Civil Matters — Volume 11 · Source page ٥١٣
  16. Principle 2660The acknowledgment in the presence of which lapse of time is not considered a bar to hearing an action. Its nature. Assessing its existence. A matter of fact independently determined by the trial court. The condition theCivil Matters — Volume 11 · Source page ٥١٣
  17. Principle 2661Failure to pursue an action concerning debt, deposit, ownership, and real property that entails barring the hearing of the action. Its nature. Article 1660 of the Majalla of Judicial Provisions.Civil Matters — Volume 11 · Source page ٥١٣
  18. Principle 2662Laws relating to prescription. Their application from their entry into force. Its consequence. The old law governs the portion of the prescriptive period that ran under it, and the new law governs the portion that ran unCivil Matters — Volume 11 · Source page ٥١٣
  19. Principle 2663An action for the validity and enforceability of a sale contract. Ultimately an action for title. The rationale therefor. Upon registration of the judgment rendered therein, it results in the person bringing it being entCivil Matters — Volume 11 · Source page ٥١٣
  20. Principle 2664The bar on hearing an action. Its condition. Leaving the property while a cause of action exists and another person usurps the property, encroaches upon it, and denies its owner’s right. Merely leaving the property, neglCivil Matters — Volume 11 · Source page ٥١٤
  21. Principle 2665The acknowledgment in the presence of which the passage of time is disregarded under the operation of the Majalla of Judicial Provisions. Its nature. - The bar to hearing an action provided for in Article 1660 of the MajCivil Matters — Volume 11 · Source page ٥١٤
  22. Principle 2669The period prescribed for barring the hearing of an action. Interrupted by a judicial claim even if brought before a court lacking jurisdiction, by service of the enforcement instrument, by attachment, by the creditor asCivil Matters — Volume 11 · Source page ٥١٥

  23. النزول عن الحق في التقادم

    Principle 2670Non-hearing of an action owing to lapse of time under the Majalla of Judicial Provisions. Applies to actions concerning ownership, real property, and inheritance just as it applies to debt actions. Sharia-recognized excuCivil Matters — Volume 11 · Source page ٥١٥
  24. Principle 2671Waiver of prescription. A unilateral legal act accomplished solely by the will of the waiving party alone. Just as it may be express, it may also be implied. Construing failure to invoke prescription as an implied waiverCivil Matters — Volume 11 · Source page ٥١٥
  25. Principle 2672Implied waiver of prescription after the right thereto has accrued. What establishes it. Inferring it is a matter of fact independently determined by the trial court. - 515 - Obligation - Waiver of the right to prescriptCivil Matters — Volume 11 · Source page ٥١٥
  26. Principle 2673The significance of a document issued by the debtor as an acknowledgment of the debt and its effect on prescription. Its assessment. A question of fact within the exclusive authority of the court of merits.Civil Matters — Volume 11 · Source page ٥١٦
  27. Principle 2674Waiver of prescription after the right thereto has accrued. It may not be based on conjecture. It must be clear and unambiguous, whether express or implied. What is required for its validity. Example.Civil Matters — Volume 11 · Source page ٥١٦
  28. Principle 2675Waiver of prescription of all kinds. A unilateral legal act not subject to any formal requirement, which may be express or implied. Inferring this. A matter for the trial court.Civil Matters — Volume 11 · Source page ٥١٦
  29. Principle 2676The plea that an action may not be heard owing to the passage of time. It may be invoked at any stage of the action unless conduct indicating waiver of it has emanated from the party invoking the plea. An example not invCivil Matters — Volume 11 · Source page ٥١٦
  30. Principle 2677The plea that an action may not be heard by reason of lapse of time. May not be waived before the right thereto is established.Civil Matters — Volume 11 · Source page ٥١٦

  31. طبيعة عقد البيع

    Principle 2680The Fellowship Fund for members of the Petrochemical Industry Workers’ Union. Its establishment is considered among the activities undertaken by the Union. It does not possess legal personality independent of the Union. Civil Matters — Volume 11 · Source page ٥١٧
  32. Principle 2681A sale to which, generally, no third-party right attaches and which is free of options gives rise, immediately upon its conclusion, to all obligations arising from a contract of sale. Neither party may withdraw from it. Civil Matters — Volume 11 · Source page 521
  33. Principle 2682The sale contract. A consensual contract. Enactment of Real Estate Registration Law No. 5/1959. Did not change that. - A person who guarantees transfer of ownership of real property to another may not assert it for himseCivil Matters — Volume 11 · Source page 521
  34. Principle 2683The contract of sale. A reciprocal contract. Its effect on its contracting parties. - The seller’s recovery of the price stipulated in the contract of sale shall be in accordance with what its contracting parties agreed Civil Matters — Volume 11 · Source page 521
  35. Principle 2684Contract of sale. A consensual contract. It is concluded merely by the exchange of two concordant expressions of intention concerning the sale, the thing sold, and the price. No particular form is required for its concluCivil Matters — Volume 11 · Source page 521
  36. Principle 2685A sale contract. A consensual contract requiring no special form. Its conclusion merely through the exchange of two concordant expressions of will.Civil Matters — Volume 11 · Source page 521

  37. أركان عقد البيع وانعقاده والوكالة فيه

    Principle 2686The rules in the Civil Code governing the contracting parties’ obligations upon withdrawal from a sale. Rules supplementing the contracting parties’ intention. The effect thereof. Recourse to them is permissible only wheCivil Matters — Volume 11 · Source page 521
  38. Principle 2687Agency for sale and other transactions for consideration. Must be a special agency specifying the type of disposition. May be granted without specifying the subject matter. Its scope extends to all the principal’s properCivil Matters — Volume 11 · Source page
  39. Principle 2688A sale occurring within the sphere of fraud and deceit. A ground for annulment of the contract. - Absence of volition when concluding the contract owing to impaired comprehension is such as to negate consent. Or to vitiaCivil Matters — Volume 11 · Source page
  40. Principle 2689The seller’s ratification of a sale concluded on his behalf. The scope of the retroactive effect of this ratification.Civil Matters — Volume 11 · Source page
  41. Principle 2690Agency for a consensual sale for which the legislature has not required a special form is, in turn, consensual.Civil Matters — Volume 11 · Source page
  42. Principle 2692An agreement to settle the price by documentary credit is performed merely by opening the credit. - The system of opening a credit. A means of protection against possible bad faith by either party. Effect thereof. MerelyCivil Matters — Volume 11 · Source page
  43. Principle 2694Rescission of a contract. It may not be invoked against the particular successor of its contracting parties. The condition thereof: that he acquired his right for consideration and was in good faith, unaware of the grounCivil Matters — Volume 11 · Source page
  44. Principle 2695The agreement made between the stipulator and the beneficiary governs their relationship in a stipulation for the benefit of a third party. If the agreement is a gift, the beneficiary is not obliged to render anything toCivil Matters — Volume 11 · Source page
  45. Principle 2696The price is an essential element of a sale. It must be determined or determinable for the sale to be concluded. It is sufficient to state suitable bases for its assessment, or to make it determinable by stating them, orCivil Matters — Volume 11 · Source page
  46. Principle 2697The legislature’s prescription of a particular form for a contract. Its implication. The contract is valid only upon compliance with that form. The reason therefor and its connection with public policy. Non-compliance. ICivil Matters — Volume 11 · Source page
  47. Principle 2698The sale contract. A consensual contract. Its conclusion in a special form. Not required. - A foreigner’s ownership of real property. Impermissible. An Arab belonging by nationality to an Arab country. His ownership of rCivil Matters — Volume 11 · Source page
  48. Principle 2699Submitting a bid in auctions and tenders constitutes an offer by the bidder, and the contract is not concluded until the auction or tender is awarded to him; he is not considered a contracting party until the date of sigCivil Matters — Volume 11 · Source page
  49. Principle 2700Determining whether the amount paid is an advance payment of the price or earnest money permitting withdrawal. Within the trial judge’s discretion, provided the conclusion is reasonable.Civil Matters — Volume 11 · Source page
  50. Principle 2701The price is an essential element of a sale contract. Failure to agree on its determination or on making it determinable. Its effect. Nullity of the sale unless it appears that the contracting parties intended to transacCivil Matters — Volume 11 · Source page
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