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. الاختصاص بالمنازعات الايجارية

    Principle 3383The Lease Circuit of the Court of First Instance has jurisdiction only where the dispute before it falls within the scope of application of the provisions of Decree-Law 35/1978, and this jurisdiction concerns public poliCivil Matters — Volume 11 · Source page 665
  2. Principle 3385The Lease Division of the Court of First Instance. The criterion of its jurisdiction and the exceptions thereto. Judgments rendered in a dispute falling within that Division’s jurisdiction may not be appealed except on oCivil Matters — Volume 11 · Source page 666
  3. Principle 3386The Leasing Circuit of the Court of First Instance is vested exclusively with jurisdiction to hear all disputes relating to leases and compensation arising therefrom, including jurisdiction to hear a grievance against anCivil Matters — Volume 11 · Source page 666
  4. Principle 3387Jurisdiction of the Lease Circuit of the Court of First Instance to adjudicate disputes concerning leases and compensation arising therefrom. What is excepted therefrom: its nature. Articles 1, 24, 26 of Law 35 of 1978. Civil Matters — Volume 11 · Source page 666
  5. Principle 3389The Lease Division of the Court of First Instance has jurisdiction only when the dispute before the court relates to a provision of Decree-Law 35 of 1978 concerning real estate leases. Example. - 666 - LeaseCivil Matters — Volume 11 · Source page 666
  6. Principle 3390Subject-matter jurisdiction by reason of the type of action. A matter of public policy. Considered present in the proceedings and always before the court. A judgment on the merits is deemed to include an implicit ruling Civil Matters — Volume 11 · Source page 667
  7. Principle 3391The plea of lack of subject-matter jurisdiction. Its connection with public policy. The implication thereof. In relation to the type of action, it is deemed present in the litigation and always before the court even if nCivil Matters — Volume 11 · Source page 667
  8. Principle 3392The jurisdiction of the Lease Division of the Court of First Instance arises only where the dispute before the court relates to a provision of Decree-Law 35 of 1978 concerning real estate leases. The determining factor iCivil Matters — Volume 11 · Source page 667
  9. Principle 3393The Leasing Circuit of the Court of First Instance. Its jurisdiction arises only in disputes falling within the scope of application of Decree-Law No. 35 of 1978. This pertains to public policy. Judgments rendered in thiCivil Matters — Volume 11 · Source page 667
  10. Principle 3394The Rentals Circuit of the Court of First Instance. Its jurisdiction to hear disputes relating to leases is subject-matter jurisdiction pertaining to public policy. Its implication: this issue is considered to exist in tCivil Matters — Volume 11 · Source page 667
  11. Principle 3395Jurisdiction of the Lease Circuit of the Court of First Instance to adjudicate all disputes relating to real property leases. Exceptions thereto. Articles 1, 24, 26 of Law 35/1978. - The impermissibility of challenging bCivil Matters — Volume 11 · Source page 668
  12. Principle 3396Lease Circuit. When it has jurisdiction. Impermissibility of challenging a judgment rendered in a dispute within that Circuit's jurisdiction. Article 26 of the Code of Procedure. An example concerning the permissibility Civil Matters — Volume 11 · Source page 668
  13. Principle 3397The Real Estate Lease Law. It excluded from its scope of application leases in specified circumstances set out within a rule governing them. - The Lease Division of the Court of First Instance has jurisdiction only whereCivil Matters — Volume 11 · Source page 668
  14. Principle 3398Subject-matter jurisdiction is, in principle, attributed to the court, not its circuits. Assignment of particular actions to the court’s circuits by a decision of its general assembly. Does not constitute subject-matter Civil Matters — Volume 11 · Source page 668
  15. Principle 3399The jurisdiction of the Rentals Circuit of the Court of First Instance. Its criterion. That the dispute brought before it concerns a provision of Decree-Law 35/1978 concerning the Leasing of Real Estate.Civil Matters — Volume 11 · Source page 669

  16. الإيجار والانتفاع بعقارات الدولة

    Principle 3400Jurisdiction of the Lease Circuit of the Court of First Instance over all disputes relating to leases except agricultural lands. Exceptions to this jurisdiction: disputes relating to contracts containing terms unusual inCivil Matters — Volume 11 · Source page 669
  17. Principle 3401Real property privately owned by the State. How it is exploited: pursuant to a lease contract or a temporary licence to use, recorded in writing, specifying the rights and obligations of its parties and the essential conCivil Matters — Volume 11 · Source page 669
  18. Principle 3402The administrative contract. Its nature. Lease contracts concluded by administrative bodies with third parties concerning the State's private property. Are not considered administrative contracts. Their inclusion of esseCivil Matters — Volume 11 · Source page 669
  19. Principle 3403State property. The right of the Council of Ministers and the Public Authority for Agriculture Affairs and Fish Resources to lease it otherwise than by public auction. The administrative authority has absolute freedom toCivil Matters — Volume 11 · Source page 670
  20. Principle 3404An administrative contract. Its nature. Lease contracts concluded by the administrative authority with third parties in respect of the State’s private property. They are not considered administrative contracts even if thCivil Matters — Volume 11 · Source page 670
  21. Principle 3405Government housing. Its allocation in equal halves. One of the two allottees leasing all its units. The other's right to claim half the rent. This is unaffected by the prohibition on leasing government housing under PrimCivil Matters — Volume 11 · Source page 670
  22. Principle 3406Industrial plots are considered State assets forming part of its private property. Their subjection to the provisions of private law. Dealings concerning them follow the same pattern as dealings between individuals. WherCivil Matters — Volume 11 · Source page 670
  23. Principle 3407An investment contract in which no term upon whose expiry it terminates has been agreed. Its conclusion for the period specified for payment of rent. The landlord’s request not to continue the contract and service of notCivil Matters — Volume 11 · Source page 670
  24. Principle 3408The lease of the agricultural plot—the subject of the action—contained conditions prohibiting the usufructuary—the appellant—from assigning the right of usufruct to another except after the expiry of a period specified bCivil Matters — Volume 11 · Source page 671
  25. Principle 3409Industrial plots. Part of the State's private property. Subject to the provisions of private law. The State's approval of the allottee's assignment of the plot. Its effect. Creation of a direct relationship between the SCivil Matters — Volume 11 · Source page 671

  26. إيجار الوقف

    Principle 3410Real property privately owned by the State. Its exploitation may take place only pursuant to a lease or a temporary permit for use evidenced in writing, specifying the rights and obligations of both parties and the essenCivil Matters — Volume 11 · Source page 671

  27. إيجار المحل التجاري

    Principle 3411Leasing a waqf. Authority over it belongs solely to the administrator, not the beneficiary, even if entitlement is confined to him. The exception. That he is authorised to do so by the founder, administrator or judge. CoCivil Matters — Volume 11 · Source page 671
  28. Principle 3412The lease of a commercial establishment falls outside the scope of application of the Real Estate Lease Law. The basis for this.Civil Matters — Volume 11 · Source page 672
  29. Principle 3413The Real Estate Rent Law excluded from its scope of application lease contracts in specified cases which it set out within a rule governing them. Among them, the lease of a commercial establishment. The basis thereof.Civil Matters — Volume 11 · Source page 672

  30. إيجار السفن

    Principle 3414The right to the lease. One of the important elements of commercial activity. The reason for this: the place where the merchant carries on his activity constitutes, together with the other elements of the commercial estaCivil Matters — Volume 11 · Source page 672

  31. إيجار السيارات

    Principle 3415The court’s conclusion, pursuant to its authority to ascertain and understand the facts of the action, assess and weigh the evidence submitted to it, and interpret contracts and all other instruments in the manner it conCivil Matters — Volume 11 · Source page 672
  32. Principle 3416The relationship of subordination underlying a superior’s liability for his subordinate’s fault. Its nature. The latter’s subjection to the superior’s orders as to how he performs the work he undertakes on the superior’sCivil Matters — Volume 11 · Source page 673

  33. التحسينات التي يدخلها المستأجر على العين

    Principle 3417Leasing the insured vehicle to a third party does not make the lessee a party to the insurance contract. Its implication. The lessee does not benefit from the rights it creates and is not liable for the obligations arisiCivil Matters — Volume 11 · Source page 673
  34. Principle 3418Termination of the lease contract. Necessary consequence. Any buildings, plantings or other improvements made by the lessee to the leased property are inevitably destined for separation unless otherwise agreed. Article 5Civil Matters — Volume 11 · Source page 673

  35. تعدد المستأجرين لعين واحدة

    Principle 3419Improvements made by the tenant to the leased property. Upon termination of the lease, the tenant may leave them or remove them at the tenant’s expense, and the landlord may retain them at their value as subject to removCivil Matters — Volume 11 · Source page 673
  36. Principle 3420The lessor, personally or through a representative, leasing the same specific property to several lessees. Priority belongs to whoever first takes possession of it. No regard is had to the earlier date of the lease or thCivil Matters — Volume 11 · Source page 674
  37. Principle 3421Priority between lessees of a single property from the lessor. Its criterion. Priority of possession accompanied by good faith. Good faith is assessed at the time of taking possession. Subsequent bad faith resulting fromCivil Matters — Volume 11 · Source page
  38. Principle 3422Service of judicial documents. The general rule is certain knowledge thereof by the person served, through delivery of the copy to that person personally. Reliance on presumed knowledge through service at the domicile anCivil Matters — Volume 11 · Source page
  39. Principle 3423Service on a person at his workplace. When he is absent from the workplace, the person effecting service must deliver the copy to whoever states that he is an employee at that workplace. His refusal to receive it or the Civil Matters — Volume 11 · Source page
  40. Principle 3425The general rule is that judgments issued during the proceedings may not be challenged independently before issuance of the concluding judgment ending the entire litigation. Exceptions thereto. Interim or urgent judgmentCivil Matters — Volume 11 · Source page
  41. Principle 3426Judgments issued during the course of proceedings. The general rule is that they may not be appealed separately before the judgment terminating the proceedings. Exception. Its instances. Example concerning a judgment decCivil Matters — Volume 11 · Source page
  42. Principle 3427Actions incapable of valuation and inherently incompatible with monetary assessment. Their value is presumed to exceed the final-instance monetary limit of the Summary Court. Their inclusion within the subject-matter jurCivil Matters — Volume 11 · Source page
  43. Principle 3428The prohibition on appeals in cassation against judgments issued by the Court of Appeal concerning disputes relating to the leasing of real property and compensation arising therefrom. Determining whether or not a judgmeCivil Matters — Volume 11 · Source page
  44. Principle 3429Examination of the permissibility of an appeal precedes determination of its formal admissibility. - Judgments rendered in disputes concerning leases of immovable property and compensation arising therefrom. Cassation apCivil Matters — Volume 11 · Source page
  45. Principle 3430An appeal based on a contradiction between two final judgments. The condition for its admissibility. An example of a judgment awarding rent for real property contrary to an earlier judgment reducing the rental value. - ACivil Matters — Volume 11 · Source page
  46. Principle 3431Disputes concerning eviction orders issued on petition by the judge of provisional matters pursuant to Decree-Law 8/1991. Their exclusion from the litigation rules and procedures prescribed in Article 26 of Law 35/1978. Civil Matters — Volume 11 · Source page
  47. Principle 3432Cassation challenges against judgments rendered by the Court of Appeal. Their cases. - Jurisdiction of the Lease Division of the Court of First Instance. Its scope. Appeals against judgments rendered by it. Their cases. Civil Matters — Volume 11 · Source page
  48. Principle 3433Judgments rendered by the Court of Appeal concerning judgments rendered by the Lease Circuit in lease disputes within its jurisdiction. They may not be challenged by cassation. Article 26 of Law 35/1978.Civil Matters — Volume 11 · Source page
  49. Principle 3434A judgment issued in a matter that does not constitute a rental dispute within the jurisdiction of the Court of First Instance. It may be challenged by cassation. An example.Civil Matters — Volume 11 · Source page
  50. Principle 3435The impermissibility of challenging judgments rendered by the Court of Appeal in lease disputes falling within the jurisdiction of the Lease Circuit of the Court of First Instance.Civil Matters — Volume 11 · Source page
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