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

Search this collection

  1. مقاولة

    Principle 3490The provisions laid down by the legislature governing the warranty of the contractor and engineer for the buildings or fixed structures they erect. Their relation to public policy. The effect thereof. Impermissibility ofCivil Matters — Volume 11 · Source page 688
  2. Principle 3492The engineer’s and contractor’s warranty. Its coverage of total or partial collapse or defects occurring in structures, even if the collapse arises from a defect in the land, as well as everything threatening the soliditCivil Matters — Volume 11 · Source page 688
  3. Principle 3493A subcontractor has a direct action against the employer for what is due to him from the principal contractor. The condition therefor. That the work bear owes a debt to the principal contractor arising from the contract Civil Matters — Volume 11 · Source page 688
  4. Principle 3494Contracts for constructing, altering, restoring, and demolishing real estate. The contractor's undertaking therein to provide raw materials or supply workers. Constitutes commercial activity regardless of the capacity orCivil Matters — Volume 11 · Source page 688
  5. Principle 3495Termination of a contract for work owing to impossibility of performance for a cause attributable to neither party. The effect thereof. The obligations of both parties are extinguished, the contract for work is automaticCivil Matters — Volume 11 · Source page 688
  6. Principle 3496The employer and the subcontractor. No contract binds them. The latter may claim from the former what he owes to the main contractor by an indirect action. He also has a direct action and a preferential right against himCivil Matters — Volume 11 · Source page 688
  7. Principle 3497The contractor’s obligation is an obligation to achieve a result: that the building remain sound for ten years after its delivery. Article 692, Civil Code. Breach of this obligation is established merely by proving that Civil Matters — Volume 11 · Source page 689
  8. Principle 3498The subcontractor's direct recourse against the employer. It is within the limits of what the employer owes the principal contractor at the time the action is brought. - The second subcontractor. May have recourse by dirCivil Matters — Volume 11 · Source page 689
  9. Principle 3499The subcontractor’s workers have the right to bring a direct claim against the principal contractor for amounts due to them from the subcontractor - The condition for this: the principal contractor must owe a debt to theCivil Matters — Volume 11 · Source page 689
  10. Principle 3500Agreement to arbitrate disputes relating to performance of the contract. Its effect. Arbitration is mandatory in every dispute connected with an action claiming the value of the works performed under that contract. ExampCivil Matters — Volume 11 · Source page 690
  11. Principle 3502Performance of a contract for work. Where the contractor performs the work defectively or contrary to the contract, the employer may, after giving the contractor formal notice, request rescission of the contract or authoCivil Matters — Volume 11 · Source page 690
  12. Principle 3503The debtor's failure to perform his obligation. The creditor may seek judicial authorisation to perform it at the debtor's expense. Its implication. If the employer discovers that the contractor is performing his obligatCivil Matters — Volume 11 · Source page 690
  13. Principle 3504Establishing and understanding the facts, inferring the existence of fault on the employer's part that removes the contractor's liability for delay in performance, interpreting contracts, documents and disputed terms, anCivil Matters — Volume 11 · Source page 690
  14. Principle 3505The subcontractor’s recourse against the employer. Its condition. That the latter be indebted to the main contractor at the time the action is brought.Civil Matters — Volume 11 · Source page 691

  15. مقاول الشحن والتفريغ

    Principle 3507The unloading contractor is a subordinate of the ship, and the carrier is liable for his faults towards the consignee. The consignee is precluded from contractual recourse against him. - The absolute prohibition on the cCivil Matters — Volume 11 · Source page 691
  16. Principle 3508The loading and unloading contractor and the cargo agent have the right to invoke the short limitation period for actions arising from the activities of each of them. The basis thereof.Civil Matters — Volume 11 · Source page 691
  17. Principle 3509Provisions governing limitation of the maritime carrier’s liability and exemption therefrom, and provisions governing the one-year limitation period. Their applicability to the activities of the loading and unloading conCivil Matters — Volume 11 · Source page 691
  18. Principle 3510Sea freight charges. Those competent to collect them. The ship's agent, the loading and branching contractor, and the cargo agent. - 691 - Contract for work - Waqf - AgencyCivil Matters — Volume 11 · Source page 691
  19. Principle 3511Actions arising from a loading and unloading contract. The limitation period for both of them. The project's unification of it at 1 year, whether the action is directed against the contractor or brought by him. The reasoCivil Matters — Volume 11 · Source page 692
  20. Principle 3512Unloading the shipped goods at the port of arrival. It falls upon the carrier. The consequence thereof: the unloading contractor works for the carrier's account, and the carrier therefore remains liable to the consignee Civil Matters — Volume 11 · Source page 692
  21. Principle 3513A contract of carriage imposes upon the carrier an obligation that the transported things reach the consignee. The nature of this obligation. An obligation to achieve a result. Damage to or destruction of the things. It Civil Matters — Volume 11 · Source page 692

  22. استخلاص قيام الوكالة وسعتها

    Principle 3516Inferring agency from the documents submitted in the action and circumstantial evidence. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page 693
  23. Principle 3517Determining the existence or absence of agency. A matter of fact within the sole discretion of the trial judge. Its condition.Civil Matters — Volume 11 · Source page 693
  24. Principle 3518The criterion for ascertaining the limits of an agency is its wording and the circumstances in which it was issued.Civil Matters — Volume 11 · Source page 693
  25. Principle 3519Ascertaining the extent of the scope of an agency. Is determined by reference to the wording of the power of attorney, the circumstances in which it was issued, and the circumstances of the case.Civil Matters — Volume 11 · Source page 693
  26. Principle 3520Invalidity of the agent’s act for exceeding the limits of the agency. Established for the benefit of the principal. Its invocation by the agent. Impermissible.Civil Matters — Volume 11 · Source page 693
  27. Principle 3521The permissibility of an agent contracting with himself in the principal's name within the scope of dispositions requiring registration. The condition for this.Civil Matters — Volume 11 · Source page 693
  28. Principle 3522An agency granted in the interest of the agent or a third party. The principal may not dismiss the agent or restrict his agency without the consent of the person in whose interest the agency was granted.Civil Matters — Volume 11 · Source page 693
  29. Principle 3523Inferring the existence or absence of agency. Within the authority of the trial court. The condition for this.Civil Matters — Volume 11 · Source page 693
  30. Principle 3524Inferring the existence and limits of agency. Within the authority of the court of merits. The condition therefor.Civil Matters — Volume 11 · Source page 693
  31. Principle 3526Inferring the agency and its limits. A matter of understanding the facts that lies within the independent purview of the trial judge. The condition therefor.Civil Matters — Volume 11 · Source page 694
  32. Principle 3528Determining the existence or absence of apparent agency. A question of fact. Within the exclusive discretion of the court of merits, provided its inference is reasonable.Civil Matters — Volume 11 · Source page 694
  33. Principle 3530Investigating the capacity of the litigants and ascertaining the extent of the agency fall within the authority of the court of merits. Without review. A factual matter determined independently by the court of merits.Civil Matters — Volume 11 · Source page 694
  34. Principle 3531Agency encompasses all necessary transactions and acts required for its execution. - Inferring the existence and scope of agency. A matter of fact. Within the sole discretion of the trial court. Its condition.Civil Matters — Volume 11 · Source page 694
  35. Principle 3532Determining the existence or absence of an agency and defining its scope. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page 694
  36. Principle 3533Inferring agency and determining its limits. Within the authority of the court of merits, provided that its inference is reasonable.Civil Matters — Volume 11 · Source page 694
  37. Principle 3534Determining the existence or absence of apparent agency falls within the authority of the court of fact.Civil Matters — Volume 11 · Source page
  38. Principle 3535Determining the agency, its extent, and the legal dispositions it encompasses. A matter of fact exclusively for the judge of merits. - 694 - AgencyCivil Matters — Volume 11 · Source page
  39. Principle 3536Inferring or negating agency and determining its limits. A matter of fact within the exclusive authority of the trial judge.Civil Matters — Volume 11 · Source page
  40. Principle 3539The agent’s contracting with a third party in the principal’s name within the limits of the agency. The contract taking effect in respect of the principal. Determining the extent of the agency. Within the authority of thCivil Matters — Volume 11 · Source page
  41. Principle 3540Obtaining an understanding of the facts and ascertaining and the agency and its limits. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page
  42. Principle 3541The general rule in agency, whether general or special, is that the agent’s capacity is limited to carrying out the acts specified therein. Its inclusion of what its execution requires. The judgment’s failure to ascertaiCivil Matters — Volume 11 · Source page
  43. Principle 3542Ascertaining the scope of the agency from the wording of the power of attorney. Within the authority of the court of merits. Its condition.Civil Matters — Volume 11 · Source page
  44. Principle 3544Investigating capacity and assessing the existence or absence of agency are matters of fact independently determined by the judge of fact without review, provided his inference is sound. - 695 - AgencyCivil Matters — Volume 11 · Source page
  45. Principle 3545Determining the scope of an agency whose existence has been established constitutes interpretation of its content, undertaken by the trial court. It may not be invoked for the first time before the Court of Cassation.Civil Matters — Volume 11 · Source page
  46. Principle 3546The agent's contracting with a third party in the principal's name and within the limits of the agency. The effect thereof. - Determining the scope of the agency and the legal dispositions it encompasses. Within the authCivil Matters — Volume 11 · Source page
  47. Principle 3547Dispositions made by the agent. Their enforceability against the principal and attribution of their effects to him. Condition. They must fall within the limits of the agency. - Ascertainment of the scope of the agency anCivil Matters — Volume 11 · Source page
  48. Principle 3548Ascertainment of the scope of the agency. A question of fact for the court of merits. Condition therefor. Its interpretation of the wording of the power of attorney must be one that the wording can bear without distortioCivil Matters — Volume 11 · Source page
  49. Principle 3549The agent’s sale of the land the agent was authorized to dispose of. Does not exceed the limits of the agency.Civil Matters — Volume 11 · Source page
  50. Principle 3550Determining the extent of the agency and the legal acts it encompasses which the principal has authorized the agent to perform. Within the authority of the trial court, by reference to the wording of the power of attorneCivil Matters — Volume 11 · Source page
PreviousPage 63 of 83Next