المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. ماهية عقد الإيجار

    Principle 3209A current account subject to the rule of indivisibility. Its nature. Arranging the account so that the customer always remains the payer and the bank the recipient. It is considered an ordinary account, like an account bCivil Matters — Volume 11 · Source page 629

  2. طبيعة حق المستأجر

    Principle 3210Lease contract. Its nature: a contract under which the lessor undertakes to enable the lessee to enjoy a specified thing for a specified period in return for financial consideration. - Termination of the lease contract uCivil Matters — Volume 11 · Source page 630
  3. Principle 3211The tenancy right arising from a lease. A personal right. Its difference from a usufruct, which is a right in rem derived from ownership, attaching directly to the thing to which it relates and comprising the power to usCivil Matters — Volume 11 · Source page 630

  4. الإيجار وإدارة المال الشائع

    Principle 3212The tenancy right arising from a lease. A movable right even if the subject of the tenancy is immovable property. The lessor’s intervention to enable the lessee to use the leased property. Its implication. It is a personCivil Matters — Volume 11 · Source page 630
  5. Principle 3213Management of jointly owned property belongs to the manager whose appointment is agreed upon by those owning the majority of the shares. Their failure to appoint a manager and one co-owner's independently undertaking oneCivil Matters — Volume 11 · Source page 631
  6. Principle 3214A lease granted by one co-owner in undivided ownership. Its effects extend directly to the remaining co-owners. Basis thereof: statutory representation. Its condition. No objection by the majority of the co-owners in dueCivil Matters — Volume 11 · Source page 631

  7. تكييف العقد

    Principle 3215Leasing co-owned property. A right of the majority of co-owners. A lease of the whole property or a segregated part thereof granted by one co-owner who does not hold a majority of the shares. Valid and effective between Civil Matters — Volume 11 · Source page 631

  8. إثبات الإيجار

    Principle 3218Interpretation of a contract. No particular phrase is considered in isolation from the other phrases. The reason thereof: the meaning conveyed by those phrases in their entirety must be adopted, as an interconnected wholCivil Matters — Volume 11 · Source page 632

  9. تنفيذ عقد الإيجار

    Principle 3219Writing is not an essential element for the formation of a lease contract but merely a means of proving it. Performance of the lease contract:Civil Matters — Volume 11 · Source page 632
  10. Principle 3220A contract must be performed in accordance with its provisions and in a manner consistent with the requirements of good faith and honorable dealing. Article 197 of the Civil Code. An example concerning the termination ofCivil Matters — Volume 11 · Source page 632

  11. تحديد الأجرة

    Principle 3221Contracts concluded by the bankrupt before issuance of the judgment declaring his bankruptcy. They are not dissolved merely by issuance of that judgment unless the bankrupt's identity was a special consideration in contrCivil Matters — Volume 11 · Source page 632

  12. مدة الإيجار

    Principle 3224The lessee's continued enjoyment of the leased property with the lessor's knowledge and without objection from him despite expiry of the lease term. Its effect. Renewal of the lease on its original terms for an indefinitCivil Matters — Volume 11 · Source page 633
  13. Principle 3225Expiry of the specified lease term. Its effect. Termination of the lease without need for notice. The lessee’s continued enjoyment of the property constitutes usurpation. His continued enjoyment with the lessor’s knowledCivil Matters — Volume 11 · Source page 633
  14. Principle 3226A request to terminate contracts concluded by cooperative societies in accordance with the law falls outside the scope of the rights conferred by law on the Ministry of Social Affairs and Labour, stipulated in Article 27Civil Matters — Volume 11 · Source page 633
  15. Principle 3227A supervening excuse such as to make continuation of the lease contract onerous for one of its parties. Its effect. The judge may terminate the contract at that party's request, with compensation to the other party. - 63Civil Matters — Volume 11 · Source page 633
  16. Principle 3228Tacit renewal or extension of a lease subject to exceptional legislation. The legislature distinguished between them. Its implication. The tenant’s continued enjoyment of the leased premises with the landlord’s knowledgeCivil Matters — Volume 11 · Source page 634
  17. Principle 3229Deeming the lease concluded for the period specified for payment of rent. Its cases. Termination of the lease upon expiry of this period at the request of either contracting party. The condition thereof. One contracting Civil Matters — Volume 11 · Source page 634
  18. Principle 3230Expiry of a lease upon expiry of its agreed term. Stipulation of notice. Its effect. - Service upon a branch of a juridical person. Its condition. The notice must concern a matter falling within that branch’s activity. ECivil Matters — Volume 11 · Source page 634
  19. Principle 3231A fixed-term lease. Its inclusion of a condition requiring notice of termination within a specified time. Its meaning. Notice must be given within that time. Contravention of this. Its effect. Extension of the lease for Civil Matters — Volume 11 · Source page 634
  20. Principle 3232Expiry of the specified lease term. Its effect. Termination of the lease without need for notice. The lessee's continued enjoyment without the lessor's consent. He is deemed a usurper. His continued enjoyment with the leCivil Matters — Volume 11 · Source page 635

  21. انتهاء الإيجار بانتهاء مدته

    Principle 3233Rescission or automatic dissolution of the contract. The general rule is that it restores the contracting parties to the position they occupied when it was concluded. The exception. Continuing contracts. The rationale: tCivil Matters — Volume 11 · Source page 635

  22. انتهاء الإيجار بناء على طلب أحد الطرفين

    Principle 3234Termination of a lease contract upon expiry of its term. Or by reason of an excuse or transfer of ownership of the leased property to the lessee. Termination of the lease at the request of either party:Civil Matters — Volume 11 · Source page 635

  23. التنبيه بالأخلاء

    Principle 3236A supervening excuse that makes continuation of the lease contract onerous for either party. Its effect. It may be terminated before expiry of its term at the request of the lessee or lessor. Notice to vacate:Civil Matters — Volume 11 · Source page 636
  24. Principle 3237A provision in the lease that it terminates only upon notice to vacate being given within a specified time. Giving the notice. It is considered a presumption that the intention of the person giving it was not to renew thCivil Matters — Volume 11 · Source page 636
  25. Principle 3238Assessing the existence of a presumption that the lessor or lessee has withdrawn the notice to vacate and intends to renew the contract. A matter of fact within the independent discretion of the trial court.Civil Matters — Volume 11 · Source page 636
  26. Principle 3239The notice to vacate by which a lease terminates. Its nature. It must contain an unambiguous expression of the desire to terminate the lease. The judgment's inferring it from something incapable of expressing, even impliCivil Matters — Volume 11 · Source page 636
  27. Principle 3240Notice to vacate by which the lease terminates. Its nature: an unambiguous expression of the intention of one party to the contract to terminate the lease. The claimant’s failure to disclose in the statement of claim hisCivil Matters — Volume 11 · Source page 636
  28. Principle 3241The notice to vacate required to terminate a contract of indefinite duration. Its nature.Civil Matters — Volume 11 · Source page 636
  29. Principle 3242A lease containing a condition that it terminates only after notice is given within a specified period. It terminates only upon such notice being given on time. Notice to vacate constitutes a presumption that the intentiCivil Matters — Volume 11 · Source page 636
  30. Principle 3243Notice to vacate by which the lease terminates. Its nature and how it is effected. An example of its being effected through the statement of claim in an action to terminate a contract for investment of the premises.Civil Matters — Volume 11 · Source page 637
  31. Principle 3244A stipulation in a lease that it shall not terminate until notice is given within a specified time. Its effect. The lease terminates upon notice being given within that time. Failure to give this notification within thatCivil Matters — Volume 11 · Source page 637
  32. Principle 3245A fixed-term contract. It terminates upon expiry of its term. Unless its extension is agreed upon. - Notice to vacate within a specified time. No particular form is required unless it is agreed to require one. Its effectCivil Matters — Volume 11 · Source page 637
  33. Principle 3246Notice to vacate by which the lease contract terminates. Its nature. No particular form is required for it. Agreement upon a particular form for the notice. Its effect.Civil Matters — Volume 11 · Source page 637
  34. Principle 3247Formal notice. Its nature. Article 298, Civil Code. - Failure to set out notice of termination of the contract in an official document, contrary to what the parties agreed. Its effect.Civil Matters — Volume 11 · Source page 637
  35. Principle 3248A stipulation in a lease that it shall not end except upon notice to vacate within a specified time. Giving notice. Considered a presumption that the intention of the person giving it is not to renew the contract. HoweveCivil Matters — Volume 11 · Source page 637
  36. Principle 3249Notice to vacate by which the lease is terminated. Its nature and particulars. - Assessing whether the notice to vacate contains the desire to terminate the lease. Within the authority of the trial court. Condition thereCivil Matters — Volume 11 · Source page 638
  37. Principle 3250Notice to vacate. A unilateral legal act. Its effect. Termination of the tenancy relationship. The premises being in the tenant’s possession at the time it is given. Not required. An example.Civil Matters — Volume 11 · Source page
  38. Principle 3251Termination of the lease contract upon the giving of notice whenever this is stipulated in it. Exercising this right is not deemed abusive. An example.Civil Matters — Volume 11 · Source page
  39. Principle 3252The notice to vacate by which a lease terminates. Its nature. An expression of the intention of one party to the contract to terminate it. Its condition. It must contain an unambiguous indication of the desire to regard Civil Matters — Volume 11 · Source page
  40. Principle 3253A stipulation in the lease contract that it ends only after notice is given within a specified time. Its meaning. The lease ends upon that notice being given within the time limit. Failure to give it within the time limiCivil Matters — Volume 11 · Source page
  41. Principle 3254Termination of the lease. Its condition. Notice being given within a specified time. Failure to give that notice. Its effect. Extension of the original lease for another period. The challenged judgment's contravention ofCivil Matters — Volume 11 · Source page
  42. Principle 3255Assessing the existence of a presumption that the contracting party has withdrawn the notice to vacate and renewed the contract. Within the authority of the judge of fact.Civil Matters — Volume 11 · Source page
  43. Principle 3257Stipulation in a lease that it terminates only after one party gives notice to the other. Its meaning. The lease terminates when such notice is given by the person granted that right. Absence of such a provision in the lCivil Matters — Volume 11 · Source page
  44. Principle 3258Lease contract. Duration is an essential element thereof. Conclusion of the contract without agreement on a time at which the lease ends, inability to prove the duration, or conclusion for an indefinite period. It is deeCivil Matters — Volume 11 · Source page
  45. Principle 3259Tacit renewal or extension of a lease subject to exceptional legislation. The legislature distinguished between them. Its implication. The tenant’s continued enjoyment of the leased premises with the landlord’s knowledgeCivil Matters — Volume 11 · Source page
  46. Principle 3260The notice to vacate by which a lease terminates. Its nature and particulars. Article 567/2 of the Civil Code. - Notice to vacate is given by service through a process server, by registered letter, by ordinary letter, orCivil Matters — Volume 11 · Source page
  47. Principle 3261A stipulation in a fixed-term lease that it shall not terminate unless notice is given within a specified time. Failure to give that notification within the time. Its effect. Extension of the lease. - Notice to vacate byCivil Matters — Volume 11 · Source page
  48. Principle 3262Notice to vacate. Its nature: an expression of the intention of one of the parties to terminate the lease. Its effect: termination of the lease contract. Article 567, Civil Code. No particular form is required for the noCivil Matters — Volume 11 · Source page
  49. Principle 3263A lease contract. Its nature: a contract under which the lessor undertakes to enable the lessee to enjoy a specified thing for a specified period and in exchange for financial consideration. - Termination of the lease upCivil Matters — Volume 11 · Source page
  50. Principle 3266Whoever has the right to lease has the right to terminate it. The reason for this. Vacating government housing:Civil Matters — Volume 11 · Source page
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