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. الإيجار من الباطن والتنازل عن العين

    Principle 3267Eviction from leased government housing. Its cases. Among them, public-interest considerations. An example of an administrative decision to vacate government housing because of its abandonment and for public-interest conCivil Matters — Volume 11 · Source page 642
  2. Principle 3269The prohibition on subletting or assigning the lease except with the lessor's express written permission. Is prescribed for the benefit of the latter alone and no other. It may not be invoked by a third party.Civil Matters — Volume 11 · Source page 642
  3. Principle 3270State-owned industrial plots are not considered public property. The effect thereof. - The State’s approval of the allottee’s assignment of the industrial plot. Its effect. The creation of a direct relationship between tCivil Matters — Volume 11 · Source page 642
  4. Principle 3271Industrial plots. They are considered part of the State’s private property and are subject to the provisions of private law. The implication thereof. Assignment thereof after the competent authority’s approval of that asCivil Matters — Volume 11 · Source page 642
  5. Principle 3272Interest is the criterion for an appeal. Non-existence of the industrial plot contract entails the non-existence of the sublease contract. The reason for this.Civil Matters — Volume 11 · Source page 643
  6. Principle 3273The provisions of Articles 602, 603 of the Civil Code. Their implication: in subletting, the relationship between the lessor and the original lessee is subject to the provisions of the original lease. The sublease does nCivil Matters — Volume 11 · Source page 643
  7. Principle 3274Industrial plots are considered State assets forming part of its private property. The effect of this: their subjection to the rules of private law. - The State's approval of the allottee's assignment of the industrial pCivil Matters — Volume 11 · Source page 643
  8. Principle 3275The industrial plot allottee's subletting or assignment of its exploitation for the same purpose without the approval of the Ministry of Commerce and Industry. Valid. The condition: that it occurred before Council of MinCivil Matters — Volume 11 · Source page 643
  9. Principle 3276Industrial plots. Part of the State's private property. Their subjection to the rules of private law. The State's approval of the allottee's assignment of the plot. Its effect. Creation of a direct relationship between tCivil Matters — Volume 11 · Source page 643
  10. Principle 3277Prohibiting the original investor from subletting the premises. A right established for the benefit of the investment licensor. His waiver of the requirement of notification before subletting. Its effect. He may not rescCivil Matters — Volume 11 · Source page 644

  11. التزامات المؤجر

    Principle 3278Assignment to a third party of licences to open the medical centre, subletting it, or operating it through a third party without the approval of the Ministry of Health. Is void on grounds relating to public policy. The lCivil Matters — Volume 11 · Source page 644
  12. Principle 3279The cause of the obligation in contracts binding on both parties. Its nature. - The lessor’s refusal to enable the lessee to enjoy the leased premises. Its effect.Civil Matters — Volume 11 · Source page 644
  13. Principle 3280Acts of public authorities and administrative decisions resulting in depriving the lessee of - 644 - Lease enjoyment of the leased property. They constitute force majeure. The lessor is not obliged to warrant against theCivil Matters — Volume 11 · Source page 644
  14. Principle 3282The lessor's obligation to enable the lessee to enjoy the leased property in a condition fit for the full enjoyment intended by the lease, and the lessor's undertaking to maintain it throughout the lease term. His failurCivil Matters — Volume 11 · Source page 645
  15. Principle 3283The lessor's obligation to enable the lessee to enjoy the leased property and to warrant against interference by third parties with that enjoyment if based on a legal ground. Article 578, Civil Code.Civil Matters — Volume 11 · Source page 645
  16. Principle 3284The lessor is obligated to enable the lessee to enjoy the leased property in a condition suitable for all the intended enjoyment. The lessor’s breach of this obligation gives rise to the lessee’s right to seek rescissionCivil Matters — Volume 11 · Source page 645
  17. Principle 3285Delivery of the leased property in the condition agreed upon in the contract and in a manner that does not prevent the lessee from enjoying it for the purpose for which it was prepared. A fundamental obligation of the leCivil Matters — Volume 11 · Source page 645
  18. Principle 3286The lessor. His obligation to warrant against his own physical or legal interference with the lessee. Consequence thereof. He must refrain from every physical or legal act resulting in failure to obtain the intended beneCivil Matters — Volume 11 · Source page 646
  19. Principle 3288The lessor is obliged to enable the lessee to enjoy the leased property in a condition fit for all the intended enjoyment. The lessor's breach of this obligation gives the lessee the right to seek rescission of the contrCivil Matters — Volume 11 · Source page 646
  20. Principle 3289A lease contract. Creates the lessor's obligation to deliver the leased property and its appurtenances and the lessee's obligation to pay the rent on the dates agreed upon therein. - A stipulation that rent be paid in adCivil Matters — Volume 11 · Source page 646
  21. Principle 3290The lessor's obligation to enable the lessee to enjoy the leased property in a condition fit for the full enjoyment intended by the lease. - Rent is in return for enjoyment. - The lessor. His obligation to warrant againsCivil Matters — Volume 11 · Source page 646

  22. التزامات المستأجر

    Principle 3292The leased property’s lacking, at the time of delivery, a characteristic whose existence the lessor guaranteed to the lessee. Grounds for warranty liability even if its absence does not diminish enjoyment or render the pCivil Matters — Volume 11 · Source page 647
  23. Principle 3293Total destruction of the leased property during the period for which rent is claimed, for a cause in which one of the contracting parties has no inevitability. Its implication. Automatic dissolution of its lease by operaCivil Matters — Volume 11 · Source page 647
  24. Principle 3294Invalidity of the contract for exploitation of the property does not preclude the obligation to pay consideration for its exploitation as compensation equivalent to the benefit obtained.Civil Matters — Volume 11 · Source page 647
  25. Principle 3295The cause of the obligation in a bilateral contract is the obligation of the other contracting party. - The general rules concerning reciprocal obligations in bilateral contracts entitle the person obliged to perform a sCivil Matters — Volume 11 · Source page 647
  26. Principle 3296The lessee's obligation to return the leased property and its appurtenances upon termination of the lease. His breach thereof. His obligation to pay compensation unless the destruction of or damage to the leased propertyCivil Matters — Volume 11 · Source page 648
  27. Principle 3297Recourse by a party to the insurance contract against the car's lessee in respect of a right arising from the insurance contract. Impermissible, as long as the lessee has not acquired ownership of the insured car and is Civil Matters — Volume 11 · Source page 648
  28. Principle 3298The lessee's obligation to preserve the leased property and return it in the condition in which he received it unless it perishes or is damaged without fault for which he is responsible. Is not a mandatory rule. The effeCivil Matters — Volume 11 · Source page 648
  29. Principle 3299The judgment’s disregard of the significance of the expert’s report that use of the leased premises is incomplete and of the effect thereof on the necessity of reducing the rent. Vitiates it by inadequate reasoning and dCivil Matters — Volume 11 · Source page 648
  30. Principle 3300Rent is in return for enjoyment. - Enjoyment of the building facade by placing an advertising sign on it. Its necessary consequence: the benefiting company’s obligation to pay the agreed rent, regardless of what the contCivil Matters — Volume 11 · Source page 648
  31. Principle 3301Assessment of compensation for use as compensation equivalent to the benefit obtained by the contracting party who became unable to restore in kind what he received under the void contract, although within the authority Civil Matters — Volume 11 · Source page 648
  32. Principle 3302A request for eviction for non-payment of rent necessarily includes an implicit request for rescission of the contract.Civil Matters — Volume 11 · Source page 649
  33. Principle 3303The lessee must pay rent on its due dates as long as he enjoys the leased property. - The lessee’s right to withhold rent because of interference by a third party on legal grounds with his enjoyment of the leased propertCivil Matters — Volume 11 · Source page 649
  34. Principle 3304Service of the deposit record. Must be effected by the process server. Failure to comply with the time limit specified for serving the creditor with a copy of the deposit record. No nullity.Civil Matters — Volume 11 · Source page 649
  35. Principle 3305Tender and deposit, where the subject is money or another thing that can readily be delivered without difficulty to the creditor at his original domicile or place of work. Its manner: following the steps stipulated in ArCivil Matters — Volume 11 · Source page 649
  36. Principle 3307The contracting parties’ failure to specify the rent or the method of assessing it, or inability to prove its amount. Its effect. Comparable rent at the time of conclusion of the contract is payable, and the judge determCivil Matters — Volume 11 · Source page 649
  37. Principle 3308Acts emanating from public authorities, including decisions issued by the administrative authority, that result in depriving the lessee of enjoyment of the leased property or impairing its enjoyment. Constitute force majCivil Matters — Volume 11 · Source page
  38. Principle 3309The lessee’s obligation to exercise the care of an ordinary person in using and preserving the leased property and returning it in the condition in which he received it, except for destruction or damage occurring withoutCivil Matters — Volume 11 · Source page
  39. Principle 3310The relationship of subordination upon which the principal's liability for his subordinate's fault is based. Its nature. The latter's submission to the principal's orders concerning how he performs the work he undertakesCivil Matters — Volume 11 · Source page
  40. Principle 3312The general rule is that payment of rent is made with the creditor's consent. It may be deposited in the creditor's current account at a bank, provided that the payer bears the consequences of an error in the deposit. BaCivil Matters — Volume 11 · Source page
  41. Principle 3313The lessee's failure to remove the additions he made to the leased property. The lessor may require him to remove them or retain them at their value as subject to removal. Article 598 of the Civil Code. An example concerCivil Matters — Volume 11 · Source page
  42. Principle 3314The lessee's obligation to use the leased building for the purpose for which it was leased. The necessity of obtaining the lessor's permission when changing the purpose or making any physical or non-physical alteration. Civil Matters — Volume 11 · Source page
  43. Principle 3315The tenant’s obligation to preserve and care for the leased property. His liability for damage or destruction affecting it is presumed and is lifted only if he proves that the damage or destruction arose from an externalCivil Matters — Volume 11 · Source page
  44. Principle 3316The lessee's obligation to return the leased property upon termination of the lease in the condition in which he received it. His breach of this. His obligation to pay compensation unless the destruction of or damage to Civil Matters — Volume 11 · Source page
  45. Principle 3317A claim for rent for a specified period and for rent accruing thereafter until vacation is complete. Its implication. The claim for rent accruing after judgment in the action is deemed to be before the Court of Appeal, wCivil Matters — Volume 11 · Source page
  46. Principle 3319Expiry of the lease contract. Its effect. The inevitable fate of buildings or plantings introduced by the lessee into the leased property is severance. The condition for this. Art. 598, Civil Code.Civil Matters — Volume 11 · Source page
  47. Principle 3321The lessee’s obligation to preserve and care for the leased property and his liability for damage or destruction affecting it arising from his use of it in an uncustomary manner. He is not relieved of liability therefor Civil Matters — Volume 11 · Source page
  48. Principle 3322The lessee's obligation to exercise the care of an ordinary person in using and preserving the leased property and to return it in the condition in which he received it, except for any loss or damage occurring without faCivil Matters — Volume 11 · Source page
  49. Principle 3323A judgment ordering the tenant to deliver the leased premises. Delivery of the key to the premises to the Enforcement Department does not constitute its execution. The premises must be cleared of whatever occupies them aCivil Matters — Volume 11 · Source page
  50. Principle 3324The lessee’s obligation to return the leased property upon expiry or rescission of the contract. Breach of this obligation. Requires compensation for the damage. Example.Civil Matters — Volume 11 · Source page
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