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. آثرها بالنسبة للوكيل - التزامات الوكيل

    Principle 3603The agent's obligation to render an account of the acts of his agency. It does not lapse unless the principal grants a clear and unequivocal exemption from it or the nature of the transaction or the circumstances requireCivil Matters — Volume 11 · Source page 707
  2. Principle 3604Expression of intention. It exists upon its issuance by its author. When it takes effect: upon coming to the knowledge of the person to whom it is directed. - The principal’s release of the agent from performance of his Civil Matters — Volume 11 · Source page 707
  3. Principle 3605Acts performed by the agent. Their effectiveness against the principal and the attribution of their effects to him. Its condition. That they fall within the limits of the agency. - Determining the extent of the agency anCivil Matters — Volume 11 · Source page 707

  4. أثرها بالنسبة للموكل أو الأصيل

    Principle 3606The general rule is that the contracting party himself expresses his intention to conclude the contract. Contracting through representation is permissible. The representative’s dealing in his own name. Consequence: the eCivil Matters — Volume 11 · Source page 707
  5. Principle 3607The agent’s contracting with a third party in the principal’s name within the limits of the agency. The disposition takes effect in relation to the principal. Ascertaining the scope of the agency is within the authority Civil Matters — Volume 11 · Source page 708
  6. Principle 3608The agent contracting within the limits of the agency. Its effect. The effects of the contract accrue directly to the principal. Contracting outside the limits of the agency. The effectiveness of the contract against theCivil Matters — Volume 11 · Source page 708
  7. Principle 3611The sums necessary for expenditure on carrying out the agency. The principal's obligation to provide them to his agent unless otherwise agreed. - Interpretation of contracts and instruments to ascertain the intention of Civil Matters — Volume 11 · Source page 708
  8. Principle 3612The appellant's female lawyer stating before the appellate court that he has no objection to the respondent seeing his mother at any time, pursuant to an official power of attorney permitting acceptance of judgments and Civil Matters — Volume 11 · Source page 708
  9. Principle 3613Legal transactions undertaken by the agent before the principal's death within the limits of the agency. Their continued existence and production of their effects, so that the principal acquires all rights arising from tCivil Matters — Volume 11 · Source page 709
  10. Principle 3614The agent contracting with a third party in the principal’s name. Its effect. The contract is regarded as having been made by the principal, who acquires the rights arising from it and bears the obligations resulting froCivil Matters — Volume 11 · Source page 709
  11. Principle 3615A transaction concluded by the agent. Its effects accruing to the principal. The criterion: his concluding a legal transaction for the principal’s account. His receipt of money for delivery to his principal. He is deemedCivil Matters — Volume 11 · Source page 709
  12. Principle 3616The appearance of a lawyer as agent for a litigant and his establishing that agency before the court. Its effect. He represents the person who granted the authority to conduct litigation, and consequently the principal iCivil Matters — Volume 11 · Source page 709
  13. Principle 3617A lawyer appearing as agent for one of the litigants and establishing this agency before the court. Its effect. He represents the person who granted the litigation agency, and consequently the principal is present in theCivil Matters — Volume 11 · Source page 709

  14. الإقرار الصادر من الوكيل وإجازته من الموكل

    Principle 3618Successive authorizations, in each of which the agent is permitted to appoint another agent for what the agent was authorized to do. Their effect: the effects of the contract concluded by the last agent accrue to the oriCivil Matters — Volume 11 · Source page 709
  15. Principle 3619Subsequent ratification is equivalent to prior authorization. - Ratification may be express or implied. The mere silence of the principal in not invoking the ineffectiveness of the disposition despite knowledge of it doeCivil Matters — Volume 11 · Source page 710
  16. Principle 3620A statement made in court by a litigant's agent in the principal's absence, when it includes acceptance of a fact alleged by his opponent, does not constitute an admission by the principal unless the agent has specific aCivil Matters — Volume 11 · Source page 710

  17. خروج الوكيل عن حدود الوكالة

    Principle 3621A judicial admission is conclusive evidence. The judge’s obligation to give effect to it. The admitting party may not retract it. Its issuance by an agent. Its condition. The agent exceeding the limits of the agency:Civil Matters — Volume 11 · Source page 710
  18. Principle 3622The agent’s concluding a contract in the principal’s name. Everything resulting from the contract accrues to the principal. His concluding it outside the limits of his agency. Its effects do not accrue to the principal uCivil Matters — Volume 11 · Source page 710
  19. Principle 3623The agent exceeding the limits of the agency and concluding a contract in the principal’s name. Its effect: the rights and obligations arising from the contract are not attributed to the principal except upon his ratificCivil Matters — Volume 11 · Source page 710
  20. Principle 3624An agent contracting beyond the limits of his agency or without any authorization at all. Its effect: the contract is not effective against the principal unless he ratifies it or expressly or implicitly approves it. - 71Civil Matters — Volume 11 · Source page 710
  21. Principle 3625An agent contracting without representative authority. The effect: it does not take effect in relation to the principal. The principal's express or implied ratification of the transaction. Its consequence. Ratification mCivil Matters — Volume 11 · Source page 711

  22. مسئولية الوكيل

    Principle 3626A person acting as agent for another without having established representative capacity on his behalf, either because such representation does not exist or because his act exceeds its limits. Its implication. The effectsCivil Matters — Volume 11 · Source page 711
  23. Principle 3627An agent authorized to delegate without designation of the substitute’s identity. His liability is confined to his personal fault, not the substitute’s acts.Civil Matters — Volume 11 · Source page 711
  24. Principle 3628The agent’s collusion with a third party to prejudice the principal’s rights. Its effect. The act is ineffective against the principal.Civil Matters — Volume 11 · Source page 711

  25. التوكيل الصادر من ممثل الشخص المعنوي

    Principle 3629The agent’s use, for his own benefit, of his principal’s property. A fault for which he must be held liable by way of fair compensation. Assessment of this compensation falls within the authority of the trial judge. - 71Civil Matters — Volume 11 · Source page 711
  26. Principle 3630A power of attorney issued by the representative of a legal person is not affected in its validity or continuation by the cessation of that representative’s capacity. The reason therefor. It is deemed issued by the legalCivil Matters — Volume 11 · Source page 712

  27. توالي التوكيلات

    Principle 3631Liquidation of the company. Its effect. The manager's capacity to represent it ceases, and the liquidator takes the manager's place and alone has capacity to represent it before the courts. The consequence thereof. PowerCivil Matters — Volume 11 · Source page 712
  28. Principle 3632The agent's disclosure of his capacity as representative of the principal. Its effect. The effects of the transaction accrue to the principal. Successive powers of attorney authorizing the agent to appoint another agent.Civil Matters — Volume 11 · Source page 712
  29. Principle 3633Successive powers of attorney under which the agent is authorized to appoint another agent. Their effect. The effects of the contract concluded by the last of the agents accrue to the original principal. - Agency does noCivil Matters — Volume 11 · Source page 712
  30. Principle 3634Successive powers of attorney authorising the agent to appoint another agent. Their effect. The effects of the contract concluded by the last of the agents accrue to the original principal. The reason for this.Civil Matters — Volume 11 · Source page 712
  31. Principle 3635The agent’s contracting with a third party in the principal’s name and within the limits of the agency. Its effect. The effects of the contract accrue to the principal. - 712 - Agency - Successive powers of attorney, eacCivil Matters — Volume 11 · Source page 712
  32. Principle 3636Agency is a contract whereby the principal puts another person in his own place to undertake a legal disposition. Its effect. The effects of a contract concluded by the agent with a third party within the limits of his aCivil Matters — Volume 11 · Source page 713
  33. Principle 3637Successive powers of attorney, each authorizing the agent to appoint another agent for that with which he himself was entrusted. Its effect. The rationale therefor.Civil Matters — Volume 11 · Source page 713
  34. Principle 3638Successive agencies, each authorizing the agent to appoint another in respect of what he himself was entrusted with. The effects of the contract concluded by the last of the agents extend to the original principal.Civil Matters — Volume 11 · Source page 713

  35. الإعلان في موطن الوكيل

    Principle 3639Successive powers of attorney, each authorizing the agent to appoint another agent for the matters entrusted to him. Their effect: the effects of the contract concluded by the last agent accrue to the original principal,Civil Matters — Volume 11 · Source page 713
  36. Principle 3640Service of the appeal at the elected domicile. Its criterion. That the litigant has adopted it as his domicile in the document serving the judgment or in other case papers. The reason for this. - The agent's domicile forCivil Matters — Volume 11 · Source page 713
  37. Principle 3641The agent's domicile is recognized for service only at the level of litigation for which he was appointed. The effect thereof. Service of an appeal at the agent's domicile is precluded. The exception: the respondent haviCivil Matters — Volume 11 · Source page
  38. Principle 3642Validity of service of an appeal at the elected domicile. Its criterion. - An appeal against a judgment cannot validly be served at the domicile of the agent of the person against whom the appeal is to be directed. The bCivil Matters — Volume 11 · Source page
  39. Principle 3643Service of the appeal at the elected domicile is valid only if that domicile is specified in the document serving the judgment, or if the respondent is the plaintiff and did not specify his original domicile in the stateCivil Matters — Volume 11 · Source page
  40. Principle 3644Original or elected domicile. Documents necessary for the conduct of the action may be served there. Cancellation of this domicile. Its effect. The opposing litigant must be expressly notified thereof; otherwise service Civil Matters — Volume 11 · Source page
  41. Principle 3645The general rule in agency, whether general or special, is that the agent’s capacity is confined to undertaking the acts specified therein. Its encompassing what its execution requires. The judgment’s failure to ascertaiCivil Matters — Volume 11 · Source page
  42. Principle 3646Authorization by an original lawyer of another lawyer without requiring writing. A general agency between lawyers intended to ensure the continued progress of litigation procedures and prevent their disruption, without iCivil Matters — Volume 11 · Source page
  43. Principle 3647Agency, whether general or special. The general rule is that it gives the agent capacity only to undertake the matters specified in it. His obligation to submit a detailed account of all its activities supported by documCivil Matters — Volume 11 · Source page
  44. Principle 3648General agency. Its nature. Its effect: it confers on the agent only the right to perform acts of administration. - An agreement involving a legal disposition. The agent must have a special power of attorney to conclude Civil Matters — Volume 11 · Source page
  45. Principle 3651Management of the board of the joint-stock company. Is vested in the chairman and its members in their capacity as agents of the general assembly of shareholders, in return for receiving remuneration. They must exercise Civil Matters — Volume 11 · Source page
  46. Principle 3652The lawyer’s obligation towards his client—where the agency is remunerated. Its nature. An obligation to perform work in which he must exercise the care exercised by an ordinary person, which in the legal profession consCivil Matters — Volume 11 · Source page
  47. Principle 3653The original principal's authorization of his agent to sell the real estate to himself and to appoint another agent for that purpose. The agency is deemed a remunerated agency and in the agent's interest. Inclusion in thCivil Matters — Volume 11 · Source page
  48. Principle 3654The parties’ agreement on remuneration for the agency. It is subject to judicial assessment unless voluntarily paid after performance of the agency. - 716 - AgencyCivil Matters — Volume 11 · Source page
  49. Principle 3656A lawyer's agency. Its formation, termination and all its other provisions are subject to the general rules relating to the agency contract in the Civil Code. - Remunerated agency. The agreed remuneration is subject to aCivil Matters — Volume 11 · Source page
  50. Principle 3657The legislature restricting the right to represent litigants before the courts to lawyers alone and making this a general rule in agency in litigation. The exception: interested parties may appoint their spouses, relativCivil Matters — Volume 11 · Source page
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