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. الوكالة بالخصومة

    Principle 3658A lawyer appearing as agent for a litigant. He must declare his appearance on the litigant’s behalf in the hearing record and, before pleading, establish his authority from the person on whose behalf he declared his appeCivil Matters — Volume 11 · Source page 718
  2. Principle 3659Representation of litigants before the courts. The rule. For lawyers alone. The exception. Spouses, relatives by marriage and relatives up to the fourth degree may be deputised in pleading procedures. Signing statements Civil Matters — Volume 11 · Source page 718
  3. Principle 3660The lawyer's obligation towards his client. An obligation to perform work in which he exercises a degree of care. The general rule concerning this care. - 718 - Agency - Contractual fault in an obligation to exercise carCivil Matters — Volume 11 · Source page 718
  4. Principle 3661The legislature’s regulation of the provisions of agency for appearance. The general rule therein is to restrict the right to represent litigants before the courts to lawyers alone. The exception: the right to appoint spCivil Matters — Volume 11 · Source page 719
  5. Principle 3662Service of the papers necessary for proceeding with the action at the agent's premises is recognised only at the level of litigation for which he is appointed.Civil Matters — Volume 11 · Source page 719
  6. Principle 3663The lawyer who signs the statement of appeal. He need not be appointed by the appellant or conduct the appeal himself.Civil Matters — Volume 11 · Source page 719
  7. Principle 3664The agent’s domicile is recognized for service of the papers necessary for the conduct of the action at the level of litigation for which he is appointed. This applies to service of amendment of claims at that same levelCivil Matters — Volume 11 · Source page 719
  8. Principle 3665A new ground unrelated to public policy. Raising it for the first time before the Court of Cassation. Inadmissible. An example concerning the absence from the statement of claim of particulars relating to the agency.Civil Matters — Volume 11 · Source page 719
  9. Principle 3666The legislature’s requirement that a non-lawyer agent appearing for a litigant at hearings have a marital relationship, kinship or affinity up to the fourth degree is limited to attendance at hearings. Anyone other than Civil Matters — Volume 11 · Source page 719
  10. Principle 3667Reduction of lawyers’ fees by the court. The two elements that must be followed: the effort expended by the lawyer and the benefit accruing to the principal. Procedures for seeking it. An action brought by the principal Civil Matters — Volume 11 · Source page 720
  11. Principle 3668The general rule in an agency contract is that the principal is not restricted in choosing an agent to a person belonging to a particular class or having a relationship of kinship or affinity with the principal. The exceCivil Matters — Volume 11 · Source page 720
  12. Principle 3669Engaging a private-sector lawyer alongside government lawyers in actions brought by or against the Government. Not prohibited.Civil Matters — Volume 11 · Source page 720
  13. Principle 3670An original lawyer authorizing another lawyer without a requirement of writing. A general agency between lawyers, the purpose of which is to ensure the continued progress of the litigation proceedings and not to interrupCivil Matters — Volume 11 · Source page 720
  14. Principle 3671The petition by which an appeal in cassation is brought. It must be signed by a lawyer. The lawyer is not required to be authorized as agent for the appellant. - 720 - Agency - The lawyer permitted to plead for companiesCivil Matters — Volume 11 · Source page 720
  15. Principle 3672The arbitrator derives his authority from the parties’ agreement to appoint him as arbitrator. The necessary consequence. Where the arbitration agreement is contained in a contract concluded by a person as a representatiCivil Matters — Volume 11 · Source page 721
  16. Principle 3673Challenging a lawyer's capacity to appear when the litigant acknowledges the agency. Unwarranted interference in the relationship of the persons concerned with their agents. - Issuance of the power of attorney by the repCivil Matters — Volume 11 · Source page 721
  17. Principle 3674The general rule is that a lawyer is an agent whose relationship with his client is governed by the provisions of the general law relating to the relationship between principal and agent. The provision in Article 32 of LCivil Matters — Volume 11 · Source page 721
  18. Principle 3675A lawyer’s agency. Its formation, termination and all its other rules are subject to the general rules concerning agency in the Civil Code, except for what is contained in Law 42 of 1964 and its amendments concerning theCivil Matters — Volume 11 · Source page 721
  19. Principle 3676The 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, coCivil Matters — Volume 11 · Source page 722
  20. Principle 3677The agent's statement in court acknowledging a fact alleged by his principal's adversary with the intention of relieving that adversary of the need to establish proof of it. Its consideration as an admission by the princCivil Matters — Volume 11 · Source page 722
  21. Principle 3678Liquidation of the company. Its effect. Termination of its manager's capacity to represent it and his replacement by the liquidator, who alone has capacity to represent it before the courts. The consequence thereof. TermCivil Matters — Volume 11 · Source page 722
  22. Principle 3679The petition for cassation. It must be signed by a lawyer. He is not required to be an agent for the appellant.Civil Matters — Volume 11 · Source page 722
  23. Principle 3680The plea raised by the appellant's agent that the first paragraph of Article One of Law 18 of 1969 concerning the delimitation of State property outside the general planning boundary is unconstitutional. The lawyer bringCivil Matters — Volume 11 · Source page 722
  24. Principle 3681Defending the interests of the Public Treasury in all cases brought by or against the Government before the courts. Entrusted to the Department of Legal Advice and Legislation. No prohibition on retaining a private-sectoCivil Matters — Volume 11 · Source page 723
  25. Principle 3682A lawyer’s appearance as agent for one of the litigants and his establishment of that agency before the court. This makes him the representative of the person who granted the agency in litigation, and consequently the prCivil Matters — Volume 11 · Source page 723
  26. Principle 3683The lawyer's fault in enforcement acts he undertook for his client's benefit. He may not be held liable for them by the person against whom enforcement is pursued, as they are for the principal's account within the prescCivil Matters — Volume 11 · Source page 723

  27. الوكالة بالخصومة في قانون إيجار العقارات

    Principle 3684The Social Security Institution. The Director General's authorization of employees working there to appear before courts and plead on its behalf. An agency originating in law. Article 8/1, Law 61 of 1976. Agency in litigCivil Matters — Volume 11 · Source page 723

  28. وكالة التحكيم

    Principle 3685Decree-Law 35/1978 concerning the lease of real estate. It contains provisions derogating from the general provisions of the Code of Procedure, including permitting litigants to appear in person or through persons they aCivil Matters — Volume 11 · Source page 723
  29. Principle 3686The arbitrator derives his authority from the parties’ agreement to appoint him as arbitrator. The necessary consequence. Where the arbitration agreement is contained in a contract concluded by a person as a representatiCivil Matters — Volume 11 · Source page 724
  30. Principle 3687The arbitrator's jurisdiction. Its derivation from the litigants' agreement to appoint him as arbitrator. - Conclusion of an arbitration agreement by a person acting as another's representative. It must be pursuant to a Civil Matters — Volume 11 · Source page 724
  31. Principle 3688A joint-stock company. Its board of directors' competence to manage it. The consequence. The chairman and the other members are agents of the board of directors and of the general meeting of shareholders. The effect. TheCivil Matters — Volume 11 · Source page 724

  32. حظر تصدي المحكمة لعلاقة الخصوم بوكلائهم

    Principle 3689Disputes arising from a contract agency agreement. The court within whose district its place of performance is situated has jurisdiction to hear them. The litigants may agree in the contract to arbitration. Prohibition oCivil Matters — Volume 11 · Source page 725
  33. Principle 3691The relationship of litigants with their agents. The court may not address it unless the person concerned denies his agent’s authority. No person other than the principal may object that the procedure undertaken by the aCivil Matters — Volume 11 · Source page 725

  34. الوكالة الخاصة

    Principle 3692The court’s intervention in the relationship between litigants and their agents. Impermissible. Exception. The person concerned denies his agent’s authority. Special agency:Civil Matters — Volume 11 · Source page 725
  35. Principle 3694The Companies Law and the Commercial Code. Their lack of a provision concerning representation by another partner in a limited liability company to represent him at its general assembly meeting for increasing the capitalCivil Matters — Volume 11 · Source page 725
  36. Principle 3695Agency for sale and all other transactions for consideration. It must be a special agency specifying the type of transaction. It may be granted without specifying the subject matter. Its scope extends to all the principaCivil Matters — Volume 11 · Source page 726
  37. Principle 3696Ascertaining the extent of the agency. Its criterion. Reference to the wording and provisions of the power of attorney. Its interpretation is subject to the judge of merits without review. Its condition. - A special agenCivil Matters — Volume 11 · Source page
  38. Principle 3697An agent’s concession, before the court, of a fact alleged by the opposing party with the intention of relieving that party of proving it is not deemed an admission unless he has been specially authorized by the principaCivil Matters — Volume 11 · Source page
  39. Principle 3698An admission need not be made by the litigant personally. It may be made by his agent so long as he holds a special power of attorney. Article 702, Civil Code. An example.Civil Matters — Volume 11 · Source page
  40. Principle 3699An acknowledgment as an act of disposition. Condition for its binding evidentiary force: its issuance by the acknowledging person personally or by someone authorised by him for that purpose under a special power of attorCivil Matters — Volume 11 · Source page
  41. Principle 3700Acceptance of an application for recusal from an agent. Its condition. Submission of a special power of attorney when formally filing it, authorizing recusal of a particular judge or a particular panel in a specific actiCivil Matters — Volume 11 · Source page
  42. Principle 3701The apparent agent. Binding the principal by the agent's act. Article 557 of the Commercial Code. The rule of this article is not confined to the case specified therein. The reason therefor.Civil Matters — Volume 11 · Source page
  43. Principle 3702The determining consideration in applying the doctrine of apparent agency. The good faith of the third party who contracted with the apparent agent, irrespective of the agent's bad faith or the good faith of the person iCivil Matters — Volume 11 · Source page
  44. Principle 3703The agent’s contracting for the principal’s account within the limits of the agency. It takes effect in relation to the principal, and all its rights accrue to the principal. The agent’s contracting beyond the limits of Civil Matters — Volume 11 · Source page
  45. Principle 3704The judgment correctly concluding that the principal is bound by the act of his apparent agent. Reliance on Articles 562 and 569 of the Commercial Code concerning the commercial representative and the employee authorizedCivil Matters — Volume 11 · Source page
  46. Principle 3705An agent acting without representative authority. The effects of the transaction he concludes with a third party do not accrue to the principal, even if the third party is in good faith and believes that he is acting witCivil Matters — Volume 11 · Source page
  47. Principle 3706Apparent agency. The principal being bound therein by the act of his apparent agent. The basis for this.Civil Matters — Volume 11 · Source page
  48. Principle 3707Apparent agency. Its existence produces the same consequences as actual agency. The effect thereof.Civil Matters — Volume 11 · Source page
  49. Principle 3708Apparent agency. Its constituent elements. Considering the representative's contracting to have occurred on the basis of representation after its termination. Its condition. Good faith on the part of the representative aCivil Matters — Volume 11 · Source page
  50. Principle 3709Apparent agency. Its effect. The apparent agent represents the principal in his dealings with third parties. The effects of his transaction with third parties, in terms of rights and obligations, accrue to the principal.Civil Matters — Volume 11 · Source page
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