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. هبة

    Principle 3100A gift made during death illness to an heir. The requirement to consider an illness extending for more than a year a death illness. Its condition. Its ratification by the remaining heirs. Articles 1595 and 879 of the MajCivil Matters — Volume 11 · Source page 606
  2. Principle 3101A gift under the doctrine of Imam Malik. Its definition, the manner of its formation, and the conditions that must be satisfied by the property gifted. A gift of an undivided share is permissible under the Maliki school.Civil Matters — Volume 11 · Source page 606
  3. Principle 3102Gift under the provisions of the Judicial Majalla. Its nature. Death of the donor or donee before taking possession. Its effect. Invalidity of the gift.Civil Matters — Volume 11 · Source page 606
  4. Principle 3103Validity of a gift. Conditional upon the donor owning the gifted property. - An action for the validity and enforceability of a gift contract is inadmissible where it is established that the donor does not own the giftedCivil Matters — Volume 11 · Source page 606
  5. Principle 3104Establishment before the notary of the date of a deed of gift issued before the Real Estate Registration Law came into force. Its consideration as one of the instruments admissible to prove the root of title.Civil Matters — Volume 11 · Source page 606
  6. Principle 3105Gifts in the school of Imam Malik. Their definition and the rules governing their revocation by the father and mother.Civil Matters — Volume 11 · Source page 606
  7. Principle 3106A gift, until the date the Civil Code came into operation. Was a matter of personal status, and after its entry into force became a contract like other pecuniary contracts.Civil Matters — Volume 11 · Source page 606
  8. Principle 3108Where a statutory provision is clear and explicit, there is no scope for seeking guidance from the rationale of the legislation. That is appropriate where it is ambiguous. Where the legislative provisions governing the sCivil Matters — Volume 11 · Source page 607
  9. Principle 3110Official form in a gift contract, other than where the gift is coupled with taking possession of the gifted property, is an essential element of the contract. Absence of official form. Its implication. The gift is absoluCivil Matters — Volume 11 · Source page 607
  10. Principle 3111The fact of taking possession of the gifted property. A material fact provable by all lawful means of proof, including witness testimony.Civil Matters — Volume 11 · Source page 607
  11. Principle 3112A gift is concluded by an official instrument or by taking possession of the gifted property. Taking possession of the gifted property dispenses with the official instrument.Civil Matters — Volume 11 · Source page 607
  12. Principle 3113A gift under the Majalla of Judicial Provisions passes to the donee only upon taking possession.Civil Matters — Volume 11 · Source page 607
  13. Principle 3114A gift under the provisions of the Majalla of Judicial Rules. Its nature. It is not completed except by taking possession. Assessing possession and occupation of the donated real property, or their absence. A matter of fCivil Matters — Volume 11 · Source page 607
  14. Principle 3115A gift made before the entry into force of Law 19 of 1959, which classified it as a personal-status matter. It is governed by the rules prescribed in the Majalla of Judicial Provisions, including the substantive rules ofCivil Matters — Volume 11 · Source page 607
  15. Principle 3117An expression of intent may be express or implied. Article 35 of the Civil Code. - The challenged judgment's ruling establishing the respondents' ownership of an area of the plot's land in lieu of the remaining area of tCivil Matters — Volume 11 · Source page 608
  16. Principle 3118The trial court. It has full authority to examine and weigh the evidence and documents submitted to it and infer what it considers consistent with the facts of the action. Its condition. Its inference must be reasonable.Civil Matters — Volume 11 · Source page 608
  17. Principle 3119A gift concluded before the Civil Code took effect is regarded as a personal-status matter; accordingly, the Majalla of Judicial Provisions does not apply to it, but rather the school of Imam Malik applies. An example.Civil Matters — Volume 11 · Source page 608
  18. Principle 3121A gift: its formation by the donee's taking possession of the donated property or authentication of the gift by embodying it in an official instrument. The existence of either. Sufficient for its formation. - 608 - Gift Civil Matters — Volume 11 · Source page 608
  19. Principle 3122A gift. The criterion for its formation. Its being accompanied by taking possession of the gifted property or its authentication in an official instrument. - A gift where possession is taken. Proof thereof: by all means Civil Matters — Volume 11 · Source page 609
  20. Principle 3123Validity of a gift. What is required therefor: the donor’s ownership of the property gifted. An example of a gift lacking a subject matter because the donor does not own the gifted property.Civil Matters — Volume 11 · Source page 609
  21. Principle 3124A gift preceding the issuance of Amiri Decree 19/1959 promulgating the Law on the Organization of the Judiciary. Its subjection to the rules prescribed in the Majalla of Judicial Provisions, as the law under which the diCivil Matters — Volume 11 · Source page 609
  22. Principle 3125Disputes relating to a gift contract after the Civil Code came into force. Fall within the jurisdiction of the civil circuits, not the personal status circuits. Contravention of this. An error in the application of the lCivil Matters — Volume 11 · Source page 609
  23. Principle 3126A gift of future property is void. The reason therefor. - 609 - Gift - Formation of an obligation to give a sum of money whose payment date is fixed or which falls due at recurring periodic dates. Such a gift is permissiCivil Matters — Volume 11 · Source page 609
  24. Principle 3127Expression of intention. It may be express or implied by adopting a position whose indication of the true intent leaves no doubt in the circumstances. - Silence. It is considered acceptance if accompanied by special circCivil Matters — Volume 11 · Source page 610
  25. Principle 3128Ascertaining the scope of agency. Its criterion. Reference to the wording and provisions of the power of attorney. Its interpretation is subject to the trial judge without review. Its condition. - Special agency for tranCivil Matters — Volume 11 · Source page 610
  26. Principle 3129The establishment of a legal presumption concerning a gift contract as a disposition effective after death, and the application of the rules on wills to it. Its condition: that it be in favour of one of the disposer’s heCivil Matters — Volume 11 · Source page 610
  27. Principle 3130Gift. Revocation is impermissible except in the case of a gift by parents to their child. Exception. Revocation is permissible with judicial authorisation if the donor relies on an acceptable excuse. Its condition. AbsenCivil Matters — Volume 11 · Source page 610
  28. Principle 3131Providing housing welfare to those entitled to it. Its purpose. Achieving the public interest. Its effect. The Credit and Savings Bank may set conditions ensuring achievement of this purpose. It may stipulate that the boCivil Matters — Volume 11 · Source page 611
  29. Principle 3132The donor's advanced age relative to his wife, the donee. Does not, by its meaning and in itself, indicate that his gift resulted from exploitation.Civil Matters — Volume 11 · Source page 611
  30. Principle 3133Gift in the jurisprudence of Imam Malik. Its nature. Its conditions: the donated property must be owned by the donor and capable under Sharia of transfer from one ownership to another. The donee's taking possession of thCivil Matters — Volume 11 · Source page 611
  31. Principle 3134Gift under the Majalla of Judicial Provisions. The condition of its validity: the donor’s ownership of the thing gifted. - 611 - GiftCivil Matters — Volume 11 · Source page 611
  32. Principle 3135A gift is concluded by taking possession of the gifted property, whether immovable or movable, or by documenting it in an official instrument. An example.Civil Matters — Volume 11 · Source page 612
  33. Principle 3136The 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 612
  34. Principle 3137Revocation of a gift where the donee does not consent. Its condition. The absence of any impediment to revocation. This is unaffected by whether the impediment existed from the making of the gift through fulfillment of tCivil Matters — Volume 11 · Source page 612
  35. Principle 3138Registration of a gift contract. Revocation thereof by the deceased donor without completing the registration procedures. Its effect. Ownership of the gifted immovable property remains with the donee and does not revert Civil Matters — Volume 11 · Source page 612
  36. Principle 3139Lands situated outside the planning boundary. It is impermissible to take possession of them with the intention of acquiring ownership or to dispose of them by sale, gift, will, or any form of legal disposition. Their poCivil Matters — Volume 11 · Source page 612
  37. Principle 3140Assessing which acts and dispositions of the donee constitute a breach of his duty of gratitude towards the donor and involve gross ingratitude on his part. Independently determined by the judge of fact. The condition thCivil Matters — Volume 11 · Source page
  38. Principle 3141Revocation of a gift by the donor. The donee’s obligation towards him is to return the gifted thing to him from the date of the judgment rendered to that effect, without any other obligations. Contravention thereof. An eCivil Matters — Volume 11 · Source page
  39. Principle 3142A gift is a financial contract whose rules the legislature derived from Islamic jurisprudence without adherence to a particular school. Regulation of the provisions of the gift contract in the Civil Code after its exclusCivil Matters — Volume 11 · Source page
  40. Principle 3143The rule prohibiting attachment of certain assets of the debtor does not concern public policy. Exception. A statutory provision or what the judiciary has established. Article 216/c of the Code of Procedure. An example cCivil Matters — Volume 11 · Source page
  41. Principle 3144A creditor's request that his debtor's disposition be ineffective against him. Its condition: his right must be due for payment and have arisen before that disposition, and the disposition must be prejudicial to the credCivil Matters — Volume 11 · Source page
  42. Principle 3145Mental deficiency is an impairment affecting the mind that does not deprive a person of his understanding but merely diminishes it. Its effect. Diminished capacity. The rules governing the dispositions of a discerning miCivil Matters — Volume 11 · Source page
  43. Principle 3146The bar to revocation of a gift. Its basis: the donee’s disposition of the gifted property in a manner that permanently removes it from his ownership. Example.Civil Matters — Volume 11 · Source page
  44. Principle 3147The absence from the gift contract of a provision imposing an obligation to leave the subject matter of the gift to the donor for life. Does not prevent the latter from proving, by witness testimony, the existence of thiCivil Matters — Volume 11 · Source page
  45. Principle 3148Parents may revoke what they have gifted to their child without restriction. Article 537/1 of the Civil Code. - The general rule is that a gift may not be revoked. The exception. The legislature set it out exhaustively, Civil Matters — Volume 11 · Source page
  46. Principle 3149A disposition in favor of an heir while retaining possession of the thing and the right to enjoy it for life. Deemed a disposition taking effect after death. Article 943 of the Civil Code. Its application to a gift contrCivil Matters — Volume 11 · Source page
  47. Principle 3150The challenged judgment's conclusion that the disposition was deferred until after death, applying the presumption stipulated in Article 943 of the Civil Code, represented by the deceased's retention of the right of resiCivil Matters — Volume 11 · Source page
  48. Principle 3151The civil legal. Its regulation of the provisions governing a gift contract, in both form and substance. Its implication. Exclusion of the provisions pertaining to it from personal status matters. Its effect. The civil cCivil Matters — Volume 11 · Source page
  49. Principle 3152A gift preceding the issuance of Amiri Decree No. 19/1959 enacting the Law on the Organization of the Judiciary, which was repealed and replaced by Decree-Law No. 23 of 1990 concerning the Law on the Organization of the Civil Matters — Volume 11 · Source page
  50. Principle 3153The general rule for gifts is that revocation is impermissible, except for a gift by parents to their child. Exception: the donor bases revocation on an acceptable excuse and judicial permission for it is issued. Its conCivil Matters — Volume 11 · Source page
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