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. الثمن

    Principle 2702Inferring the existence of the elements of a sale, including the price. Within the authority of the court of merits, provided that the inference is reasonable.Civil Matters — Volume 11 · Source page 524
  2. Principle 2703Ascertaining the contracting parties’ common intention to determine whether what was paid at the conclusion of the sale contract was part of the price or earnest money signifying an option to withdraw from the contract. Civil Matters — Volume 11 · Source page 524
  3. Principle 2704The price becomes due immediately upon completion of the sale unless an agreement or custom provides otherwise. - 524 - Sale - The seller's right to retain the thing sold until receiving the price due to him. Example.Civil Matters — Volume 11 · Source page 524
  4. Principle 2705A buyer who has received the thing sold. He may not refrain from performing his obligation to pay the balance of the price where the seller refrains from performing his obligation to transfer ownership to the buyer on thCivil Matters — Volume 11 · Source page 525
  5. Principle 2706Failure to specify a particular price for the property sold in the sale contract where it is known to both parties. Does not invalidate the contract and has no effect on its validity.Civil Matters — Volume 11 · Source page 525
  6. Principle 2707Transfer of ownership of the thing sold whose price has not been paid is subject to a suspensive condition, namely payment of the full price. Fulfilment of the suspensive condition by payment thereof. Its effect. TransfeCivil Matters — Volume 11 · Source page 525
  7. Principle 2708Performance by rendering the very thing due is the rule. The exception is the creditor’s consent to performance by something else. Its effect. The debtor may render it in performance, thereby discharging his debt. - The Civil Matters — Volume 11 · Source page 525
  8. Principle 2709Ascertaining the concurrence of the seller’s and buyer’s intentions and the presence of the elements of sale, including the price. Within the trial court’s authority. Its condition.Civil Matters — Volume 11 · Source page 525
  9. Principle 2711Determining whether the amount paid is part of the price at which the contract was concluded definitively and unconditionally, or earnest money entitling each contracting party to withdraw. Within the trial court’s discrCivil Matters — Volume 11 · Source page 526
  10. Principle 2712Failure to state the price in a sale contract. No nullity if it appears from the agreement or circumstances that the contracting parties intended to transact at the price customarily used between them or at the market prCivil Matters — Volume 11 · Source page 526
  11. Principle 2713Completion of the sale. Its effect. The price is deemed payable unless an agreement or custom provides otherwise.Civil Matters — Volume 11 · Source page 526

  12. محل عقد البيع

    Principle 2715Absence of the stipulated quality in a sale specifying a desired quality in the thing sold. It gives the purchaser the option of rescission or taking the thing sold for the full price. The seller has no option. The purchCivil Matters — Volume 11 · Source page 526
  13. Principle 2716The relationship between the contracting parties is settled by the final sale contract, not the preliminary contract, from the date of its conclusion. - The appellant's allegation of his mistake concerning the identity oCivil Matters — Volume 11 · Source page 526
  14. Principle 2717Impossibility of performing a bilateral contract because the thing sold has passed out of the seller’s ownership to another who registered his contract. Its effect. Its rescission.Civil Matters — Volume 11 · Source page 527

  15. صورية عقد البيع

    Principle 2718The purchaser's acknowledgment in the sale contract that he knows the thing sold or has previously seen it. Evidence against him. Effect thereof: he is not entitled to annul the sale on the ground of lack of knowledge ofCivil Matters — Volume 11 · Source page 527
  16. Principle 2719The court’s obligation to examine a challenge alleging absolute simulation. Its condition: it must be explicit in meaning, on the basis that the ostensible contract has no existence in reality. Merely alleging fraud and Civil Matters — Volume 11 · Source page 527
  17. Principle 2720A manifestly unfounded defence. No fault attaches to the judgment for not addressing it. An example of a plea that a contract of sale is simulated owing to collusion and fraud.Civil Matters — Volume 11 · Source page 527
  18. Principle 2721A challenge on grounds of absolute simulation. Must be explicit in meaning that the apparent contract does not in fact exist. A challenge on grounds of collusion and fraud. Does not convey that meaning. - A registered coCivil Matters — Volume 11 · Source page 527
  19. Principle 2722A person's disposition in favour of one of his heirs while retaining the property disposed of and his right to enjoy it throughout his lifetime. This is regarded as a presumption that it is a disposition taking effect afCivil Matters — Volume 11 · Source page 528

  20. البيع في مرض الموت

    Principle 2723Priority of a registered contract over an unregistered contract. It is not altered by proof of collusion between the parties to deprive the first purchaser. Knowledge of the prior sale by the second purchaser who registeCivil Matters — Volume 11 · Source page 528

  21. البيع مع الاحتفاظ بحق الانتفاع بالعين

    Principle 2724The state of death illness. Conditions for its existence. - The challenged judgment's inference that the assignment by the deceased predecessor of the minors represented by the first respondent in her capacity was an absCivil Matters — Volume 11 · Source page 528

  22. - التزام البائع بنقل الملكية والتسليم

    Principle 2727The buyer’s action seeking compensation for non-performance of the seller’s obligation to deliver the thing sold at the time and place specified therefor. The judgment’s reliance, in rejecting the claim for compensation Civil Matters — Volume 11 · Source page 529
  23. Principle 2728The final contract, not the preliminary contract, is the law of the contracting parties by which their relationship is settled. Agreement therein to amend the terms of sale by dropping a condition. Its effect. That condiCivil Matters — Volume 11 · Source page 529
  24. Principle 2729The contract of sale. Its effect. Delivery of the thing sold without being contingent upon its registration. The manner of delivery.Civil Matters — Volume 11 · Source page 529
  25. Principle 2730An action seeking delivery of the thing sold. Its scope extends to examining all defences presented therein, including the defence of simulation. The reason for this.Civil Matters — Volume 11 · Source page 529
  26. Principle 2731The seller’s performance of his obligation to deliver the thing sold. How it occurs. The burden of proving that he placed the thing sold at the buyer’s disposal. Rests upon the seller. The seller’s obligation to deliver Civil Matters — Volume 11 · Source page 529
  27. Principle 2732Determining the time for delivery of the thing sold in accordance with the contracting parties' agreement, established custom, or the requirements of the nature of the thing sold. A factual matter which the trial court iCivil Matters — Volume 11 · Source page 529
  28. Principle 2733The seller's failure to perform his obligation to deliver the thing sold at the specified time. Its effect. The contract is deemed rescinded unless the buyer notifies the seller that he insists upon performance of the coCivil Matters — Volume 11 · Source page 530
  29. Principle 2734The seller’s obligation to deliver the thing sold is due as soon as the contract is concluded, unless its parties agree on another time, except where custom or the nature of the thing sold requires a period to elapse betCivil Matters — Volume 11 · Source page 530
  30. Principle 2735Impossibility of the seller’s specific performance of his obligation to transfer ownership. The purchaser may have recourse against him under the warranty against eviction by way of compensation.Civil Matters — Volume 11 · Source page 530
  31. Principle 2736Delivery of the thing sold occurs by removing obstacles between the buyer and the thing sold, placing it at his disposal so that he can take possession of it and benefit from it without impediment, even if he has not takCivil Matters — Volume 11 · Source page 530
  32. Principle 2738Assessment of the compensation due to a buyer whose contract was deemed rescinded because the seller failed to deliver the thing sold within the specified time. Within the trial judge’s discretion. - The difference betweCivil Matters — Volume 11 · Source page 530
  33. Principle 2739The seller's delivery of the thing sold. How it is effected. - Determining whether the buyer has received the thing sold. A matter of fact within the independent discretion of the trial judge, provided the determination Civil Matters — Volume 11 · Source page 530
  34. Principle 2740Delivery transferring the risk of loss of the thing sold to the purchaser occurs only by placing the thing sold at the purchaser's disposal and after formally notifying him to take delivery. Formal notification is effectCivil Matters — Volume 11 · Source page 530
  35. Principle 2741Ownership of immovable property. Its transfer by registration, whether between the contracting parties or in relation to third parties. The basis thereof. Article 7 of Real Estate Registration Law 5/1959. Failure to compCivil Matters — Volume 11 · Source page 531
  36. Principle 2742A judgment rendered against the seller concerning a dispute over the real property sold. It is binding upon the buyer so long as he had not registered his contract upon its issuance. The rationale therefor. The buyer is Civil Matters — Volume 11 · Source page 531
  37. Principle 2744An unregistered real estate sale contract. The obligations it creates are personal obligations.Civil Matters — Volume 11 · Source page 531
  38. Principle 2745The final contract, rather than the preliminary contract, is what settles the relationship between the parties and alone becomes the law of the contracting parties from the date of its conclusion. An example of amendmentCivil Matters — Volume 11 · Source page
  39. Principle 2746The seller's obligation to deliver the thing sold. It is fulfilled by placing the thing sold at the buyer's disposal in a manner enabling him to take possession of it and enjoy it without impediment, even if he has not aCivil Matters — Volume 11 · Source page
  40. Principle 2747The final contract, rather than the preliminary contract, is that by which relations between the parties are settled and which alone becomes the law of the contracting parties from the date of its conclusion. - AgreementCivil Matters — Volume 11 · Source page
  41. Principle 2748Agreement in the final contract to amend the conditions of sale by dropping the condition requiring delivery within a specified time and the sanction for its breach. Its effect. This condition subsists and remains effectCivil Matters — Volume 11 · Source page
  42. Principle 2749The seller’s obligation to deliver the thing sold. Due immediately upon conclusion of the contract unless another time is agreed or the nature of the thing sold or custom requires a specified period to elapse for that deCivil Matters — Volume 11 · Source page
  43. Principle 2750Ownership of real estate. Its transfer by registration, whether between the contracting parties or in relation to third parties. The basis thereof. Article 7 of the Real Estate Registration Law. Failure to complete regisCivil Matters — Volume 11 · Source page
  44. Principle 2751The person in whose name the vehicle licence is issued. Is its owner, regardless of his breach of his contractual obligations towards his seller. - The seller's and buyer's obligation to undertake the procedures for tranCivil Matters — Volume 11 · Source page
  45. Principle 2752The final contract, rather than the preliminary contract, is what settles the relations between the parties. It alone becomes the law of the contracting parties from the date of its conclusion. The absence from the finalCivil Matters — Volume 11 · Source page
  46. Principle 2753Assessment of damage arising from the allegation of concealment of the fact that the thing sold was leased. It does not fall within a claim for compensation for breach of the obligation to deliver the thing sold vacant. Civil Matters — Volume 11 · Source page
  47. Principle 2754The seller's failure to perform his contractual obligation to transfer ownership of the real property sold to the buyer where he does not own it or part of it. Breach of a contractual obligation. Its effect. The buyer's Civil Matters — Volume 11 · Source page
  48. Principle 2755Failure by one contracting party in a contract binding on both parties to perform his obligation when it falls due. Its effect. The other contracting party may request the judge to rescind the contract after formally notCivil Matters — Volume 11 · Source page
  49. Principle 2756An action for the validity and enforceability of a sale. Its purpose is to grant the purchaser’s request for the validity and enforceability of the contract. Its condition.Civil Matters — Volume 11 · Source page
  50. Principle 2757A debtor referred to the Shares Corporation selling something he owns in consideration of a debt owed by him to a creditor who submitted his debt in the amicable settlement conducted in respect of that debtor’s debts andCivil Matters — Volume 11 · Source page
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