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. - دعوى صحة ونفاذ عقد البيع

    Principle 2758An action for the validity and enforceability of a contract of sale. The court's authority therein extends to examining the subject matter, scope, and enforceability of the contract. Its scope. It encompasses all groundsCivil Matters — Volume 11 · Source page 535
  2. Principle 2759An action for the validity and enforceability of a sale. Its nature and the conditions of the sale forming the subject of the contract therein.Civil Matters — Volume 11 · Source page 535
  3. Principle 2760What is meant by an action for validity and enforceability of a contract. Specific performance of the seller’s obligations that would transfer ownership to the buyer. The reason therefor. Granting the buyer’s request forCivil Matters — Volume 11 · Source page 535
  4. Principle 2761An action for the validity and enforceability of a sale contract. An action on the merits. Its effect. The court of merits has authority to examine the contract’s subject matter, scope, and enforceability. The contract mCivil Matters — Volume 11 · Source page 535
  5. Principle 2762A request for a judgment declaring a sale contract valid and enforceable. Differs from a request for a judgment confirming ownership by acquisitive possession in subject matter and cause. The first relies on an unregisteCivil Matters — Volume 11 · Source page 535
  6. Principle 2763An action for the validity and enforceability of a contract of sale. An action for entitlement to property. The reason therefor. Upon registration of the judgment rendered therein, it results in the claimant’s entitlemenCivil Matters — Volume 11 · Source page 536
  7. Principle 2764An action for validity of a contract. Its nature. An action ultimately asserting entitlement, intended to enforce specifically the seller's obligations that would transfer ownership to the buyer and to obtain a judgment Civil Matters — Volume 11 · Source page 536
  8. Principle 2765An action for the validity and enforceability of a sale contract. A substantive action extending to the contract’s subject matter, scope, and enforceability. Its coverage of all grounds raised therein concerning the contCivil Matters — Volume 11 · Source page 536
  9. Principle 2766A claim for the validity and enforceability of a sale contract. Its purpose: obtaining a judgment whose registration takes the place of registration of the contract in transferring ownership on the basis of the unregisteCivil Matters — Volume 11 · Source page 536
  10. Principle 2768Registration of the statement of claim in an action for validity of a contract and annotation of the judgment issued therein in the margin of the registration. Its effect. Preservation of the purchaser’s right against anCivil Matters — Volume 11 · Source page 537
  11. Principle 2769An action for the validity and enforceability of a sale contract. Its nature. Establishment that ownership had not passed to the seller by the date of adjudication thereof. Its effect. Inadmissibility of the purchaser’s Civil Matters — Volume 11 · Source page 537
  12. Principle 2770A final adjudication. It acquires the force of res judicata only in respect of a dispute that arose between the litigants and was decided by the court expressly or implicitly. Its implication. Failure to register a judgmCivil Matters — Volume 11 · Source page 537
  13. Principle 2771An action for the validity and enforceability of a sale contract. It is ultimately an action to establish title, intended to specifically enforce the seller’s obligations that transfer ownership to the purchaser and to oCivil Matters — Volume 11 · Source page 537

  14. - التزام البائع بضمان الاستحقاق

    Principle 2772An action for the validity and enforceability of a sale contract. It is ultimately an action to establish title, intended to secure specific performance of the seller’s obligations that would transfer ownership to the puCivil Matters — Volume 11 · Source page 538
  15. Principle 2774Compensation to the purchaser under the warranty of title in the former Commerce Law. Recourse in this regard to its general rules because it contains no regulation thereof. Articles 162, 163 thereof. - Compensation in cCivil Matters — Volume 11 · Source page 538
  16. Principle 2775Recourse against the seller through an action under the warranty against eviction without needing to obtain a prior judgment declaring the validity of the sale made by the seller to the purchaser. Permissible.Civil Matters — Volume 11 · Source page 538
  17. Principle 2776The provisions governing the warranty against eviction contained in the Civil Code. They may not be applied to events preceding the entry into force of its provisions. The rationale therefor. They do not concern public pCivil Matters — Volume 11 · Source page 538
  18. Principle 2777What the Civil Code provides concerning joining the seller in an action asserting superior title to the thing sold, failing which the purchaser's right to the warranty against eviction is forfeited, and its absence of a Civil Matters — Volume 11 · Source page 539
  19. Principle 2778Warranty against eviction is an obligation owed by the seller arising from the sale contract. The buyer's recourse against the seller under it. It includes a demand for performance of his obligation to transfer ownershipCivil Matters — Volume 11 · Source page 539
  20. Principle 2779Rules governing the warranty against eviction. Do not concern public policy. Their consequence. Application of the law in force at the time the sale contract was concluded. The buyer’s discovery of a third party’s entitlCivil Matters — Volume 11 · Source page 539
  21. Principle 2780The seller's warranty against a third party's superior title to the thing sold. His obligation to refund the price and compensate the purchaser for the loss sustained and the profit lost. Restriction of the purchaser's rCivil Matters — Volume 11 · Source page 539
  22. Principle 2781The seller’s warranty against eviction in the sale. His obligation to refund the price and compensate the purchaser for the loss sustained and profit foregone. Article 484, Civil Code. Its implication. Compensation is coCivil Matters — Volume 11 · Source page 539

  23. - الالتزام بضمان العيوب الخفية

    Principle 2783The latent defect warranted against by the seller. Its definition. The standard for identifying it. An abstract standard, not a personal standard. Its assessment is for the judge of merits. The purchaser's obligation to Civil Matters — Volume 11 · Source page 540
  24. Principle 2784Warranty against latent defects in the thing sold. Its conditions, rules, and lapse. Assessment of these matters falls within the trial court’s authority. - The provisions governing warranty against latent defects do notCivil Matters — Volume 11 · Source page 540
  25. Principle 2785A defect that can be detected through ordinary examination of the property sold. The purchaser must promptly notify the seller thereof, otherwise his right under the warranty lapses. - A defect requiring technical expertCivil Matters — Volume 11 · Source page 540
  26. Principle 2786The latent defect warranted against by the seller. Its conditions. It must be latent and material. The standard for identifying it. An objective standard, the assessment of which falls within the authority of the court oCivil Matters — Volume 11 · Source page 540
  27. Principle 2788An action under the warranty against defects. Its lapse upon the passage of one year from delivery of the thing sold, even if the buyer discovers the defect only thereafter. The rationale therefor. - Lapse of the action Civil Matters — Volume 11 · Source page 541
  28. Principle 2789The purchaser's obligation, upon delivery of the thing sold, to ascertain its condition as soon as he is able to do so and promptly notify the seller of any defect discoverable by ordinary inspection. Effect of failure tCivil Matters — Volume 11 · Source page 541
  29. Principle 2790The buyer must promptly bring an action under the warranty against latent defects and not delay taking its procedural steps within its limitation period of 1 year from delivery. - Expiry of 1 year from delivery without bCivil Matters — Volume 11 · Source page 541
  30. Principle 2791Warranty against latent defects in the thing sold. Its extension to all contracts transferring ownership or enjoyment. Reason therefor. An example concerning the application of this warranty to a supply contract.Civil Matters — Volume 11 · Source page 542
  31. Principle 2792The seller's knowledge of the latent defect affecting the thing sold. Presumed. Unless lack of knowledge thereof is established.Civil Matters — Volume 11 · Source page 542
  32. Principle 2793Assessing whether the defect is serious. A matter of fact within the authority of the judge of merits, provided the assessment is sound.Civil Matters — Volume 11 · Source page 542
  33. Principle 2794The rights of the seller and purchaser in the case of a serious defect differ from the rules governing rescission.Civil Matters — Volume 11 · Source page 542
  34. Principle 2795A defect warranted against by the seller must, in addition to being material, meaning that it diminishes the value of the thing or its material utility at the time the purchaser receives it, be latent. When a defect is lCivil Matters — Volume 11 · Source page 542
  35. Principle 2796The followers may agree to amend the period for the lapse of the action on the warranty against defects by extending it, so that the agreed period is the period upon whose expiry it lapses. Its nature. A limitation perioCivil Matters — Volume 11 · Source page 542
  36. Principle 2797A latent defect. Its nature. Its variation according to the thing sold. The standard for identifying the defect is objective, not subjective. After receiving the thing sold and upon the appearance of a defect that could Civil Matters — Volume 11 · Source page 542
  37. Principle 2799Warranty against latent defects. Conditions for its existence. - Recourse against the seller through an action on the warranty against defects. Its condition. The purchaser's notification to the seller of the defect uponCivil Matters — Volume 11 · Source page 543
  38. Principle 2800Contracts binding on both parties. Failure by one contracting party to perform his obligation. Its implication. The other contracting party may, after formally putting him in default, request the judge to rescind the conCivil Matters — Volume 11 · Source page
  39. Principle 2801The seller’s warranty against latent defects and his warranty of the description of the property sold. The legislature distinguished between them. It devoted a special provision to the second, making the contract the basCivil Matters — Volume 11 · Source page
  40. Principle 2802Warranty against latent defects. The knowledge that excludes it is actual knowledge, not presumed knowledge. The purchaser’s acknowledgment in the sale contract that he inspected the thing sold so as to eliminate uncertaCivil Matters — Volume 11 · Source page
  41. Principle 2804The defect warranted against by the seller. Its nature. - A latent defect is a defect that is not apparent upon an ordinary inspection of the thing sold and varies according to the thing sold. The standard for identifyinCivil Matters — Volume 11 · Source page
  42. Principle 2805An action under the warranty against defects. Its limitation period. 1 year from the date of delivery of the thing sold. The purchaser's discovery of the defect after its expiry. Has no effect, unless otherwise agreed orCivil Matters — Volume 11 · Source page
  43. Principle 2806Provisions on the warranty against defects. Are not matters of public policy. Agreement to amend them by increasing or excluding the warranty is permissible. - The seller's warranty of the fitness of the thing sold to fuCivil Matters — Volume 11 · Source page
  44. Principle 2807The defect warranted against by the seller. Its nature. When it is considered such. Its assessment. A matter of fact. Condition thereof. Example.Civil Matters — Volume 11 · Source page
  45. Principle 2808The buyer’s acknowledgment in the contract of sale of knowledge of the thing sold or of having previously inspected it. Evidence binding upon the buyer. The effect thereof: the buyer is not entitled to annul the sale on Civil Matters — Volume 11 · Source page
  46. Principle 2809Warranty against latent defects. The purchaser must notify the seller upon discovering the defect without delay in order to be able to seek recourse against him by an action on the warranty against defects. Absence of noCivil Matters — Volume 11 · Source page
  47. Principle 2810The defect warranted against by the seller, in addition to being material, meaning that it diminishes the value or material utility of the thing at the time the purchaser receives it. Its condition: it must be latent. WhCivil Matters — Volume 11 · Source page
  48. Principle 2811A defect warranted against by the seller. Its nature. - A latent defect is a defect that does not appear upon ordinary examination of the thing sold and varies according to the thing sold. The standard for identifying thCivil Matters — Volume 11 · Source page
  49. Principle 2812The seller’s warranty against latent defects and his warranty of the description of the thing sold. The legislature distinguished between them, devoting a special provision to the second, making the contract the basis ofCivil Matters — Volume 11 · Source page
  50. Principle 2813Absence of the agreed description in the thing sold. Its effect. The purchaser has the option of rescinding the contract or maintaining it, with compensation in either case. - The mere absence, at the time of delivery, oCivil Matters — Volume 11 · Source page
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