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. التعويض عن الضرر المادي

    Principle 313Compensation for material harm. Its condition: infringement of a financial interest of the injured party and the harm having actually occurred or its future occurrence being inevitable. Its inevitable future occurrence mCivil Matters — Volume 11 · Source page ٧٠
  2. Principle 314The occurrence of material damage to a person claiming it as a result of another’s death is determined by proof that the deceased was actually supporting him at the time of death continuously and permanently, and that thCivil Matters — Volume 11 · Source page ٧٠
  3. Principle 315An injury resulting in death. The injured person's capacity, prior to his death, even for a moment, to acquire rights, including his right to compensation for the harm he suffered; whenever this right is established for Civil Matters — Volume 11 · Source page ٧٠
  4. Principle 316Compensation for material damage. Its condition: infringement of a financial interest of the injured party. The damage must have actually occurred or its future occurrence must be inevitable. - Compensation for material Civil Matters — Volume 11 · Source page ٧٠
  5. Principle 317An award of compensation for material damage. Its prerequisite. Impairment of a financial interest of the injured party and certainty of the damage. - Material damage claimed by a person as a result of another's death. WCivil Matters — Volume 11 · Source page ٧١
  6. Principle 318Awarding compensation for damage. Its prerequisite. Impairment of a financial interest of the injured party and that the damage be certain. Compensation for loss of opportunity. Its condition. The occurrence of damage coCivil Matters — Volume 11 · Source page ٧١
  7. Principle 319Compensation for material damage. Its condition: infringement of a financial interest of the injured person. The damage must be certain through its actual occurrence, or be that its occurrence in the future is certain. ACivil Matters — Volume 11 · Source page ٧١
  8. Principle 320Loss of opportunity. One of the elements of damage which must be assessed to the extent to which the gain might have been achieved from the opportunity lost.Civil Matters — Volume 11 · Source page ٧١
  9. Principle 321Compensation for material harm. Its condition. Proof of infringement of, or interference with, a financial interest of the injured party.Civil Matters — Volume 11 · Source page ٧١
  10. Principle 322It being established that the wording of the acknowledgment made by the appellant’s agent indicates his waiver of one element of material compensation, consisting of the value of the damage to his car, without the waiverCivil Matters — Volume 11 · Source page ٧١
  11. Principle 323The seller’s warranty against a third party’s entitlement to the thing sold. His obligation to repay the price and compensate the purchaser for loss sustained and profit forgone. Article 484, Civil Code. Its implication.Civil Matters — Volume 11 · Source page ٧٢

  12. التعويض عن فوات الفرصة

    Principle 324The appellant's insistence on claiming compensation for the loss sustained, consisting in being deprived of the thing sold for years, and the lost profit, consisting in being deprived of the thing sold whose price had doCivil Matters — Volume 11 · Source page ٧٢
  13. Principle 326Damage warranting compensation is certain damage. When compensation is payable for potential damage. - Loss of an opportunity. A certainty. It may be included in lost profit.Civil Matters — Volume 11 · Source page ٧٢
  14. Principle 327The obligation to compensate for loss incurred and profit lost. Liability of the perpetrator of the harmful act. Condition for this.Civil Matters — Volume 11 · Source page ٧٢
  15. Principle 328Deprivation of an opportunity. A certain fact which may be included in lost profit to the extent of the gain the injured party had hoped to obtain.Civil Matters — Volume 11 · Source page ٧٢
  16. Principle 329Compensation for loss of a chance. Its prerequisite. Depriving the injured party of a gain he hopes will occur. - 72 - ObligationCivil Matters — Volume 11 · Source page ٧٢
  17. Principle 330Assessment of damage and determination of compensation making it good. A matter of fact. Independently determined by the trial court. Condition thereof. Stating its constituent elements and the absence of a statutory proCivil Matters — Volume 11 · Source page ٧٣
  18. Principle 331Loss of opportunity. A certain matter and an element of damage warranting compensation. Inferring the existence of damage and the causal relationship between it and the fault. A question of fact within the exclusive provCivil Matters — Volume 11 · Source page ٧٣
  19. Principle 332A potential opportunity. Its loss is a certainty that may be included in lost gain. The condition for this. - Compensation for lost gain. Its assessment is proportionate to the probability of realization of the opportuniCivil Matters — Volume 11 · Source page ٧٣
  20. Principle 333Harm giving rise to compensation. Must be certain. Harm whose occurrence is uncertain does not warrant compensation unless it actually occurs. Compensation for loss of opportunity. Its condition.Civil Matters — Volume 11 · Source page ٧٣
  21. Principle 334Compensation for material damage. Its condition: impairment of a financial interest of the injured party and that the damage has actually occurred or its occurrence in the future is inevitable. - Compensation for loss ofCivil Matters — Volume 11 · Source page ٧٣
  22. Principle 335Loss of an opportunity is a possibility or mere hope. Its deprivation in itself. An element of actual damage. It must be assessed in proportion to the likelihood of gain being realized from the lost opportunity. An exampCivil Matters — Volume 11 · Source page ٧٣
  23. Principle 336A chance is a possibility. Its loss is a certainty. It is permissible to calculate the lost profit that the injured party hoped to obtain, so long as that hope has acceptable grounds. The challenged judgment's rejection Civil Matters — Volume 11 · Source page ٧٤
  24. Principle 339Compensation for material damage. Its condition: impairment of a financial interest of the injured party. The damage must have actually occurred or its future occurrence must be inevitable. - Compensation for material daCivil Matters — Volume 11 · Source page ٧٤
  25. Principle 340A lawyer's liability arises where he is negligent in performing his duty in a manner resulting in the loss of rights or expiry of time limits for appeal. If this results in the client's loss of an opportunity, even a potCivil Matters — Volume 11 · Source page ٧٤

  26. التعويض عن الخطأ الشخصي للموظف العام

    Principle 341Awarding compensation for damage. Its criterion. Impairment of a financial interest of the injured party and certainty of the damage. - 74 - Obligation - Material damage claimed by a person as a result of another’s deathCivil Matters — Volume 11 · Source page ٧٤

  27. التعويض عن الضرر الأدبي

    Principle 342Criminal conviction of a public employee for gross personal fault amounting to a crime. Attribution of this fault to the public service. No basis therefor. Its implication. The person civilly liable to compensate for theCivil Matters — Volume 11 · Source page ٧٥
  28. Principle 343Compensation for moral damage arising from death. Confined to spouses and relatives up to the second degree. - Compensation for moral damage other than that arising from death. Within the authority of the court of meritsCivil Matters — Volume 11 · Source page ٧٥
  29. Principle 344Compensation for an unlawful act covers moral damage in its various manifestations arising from death and also from circumstances short of death. The judgment's ruling that it is payable only in the event of death. An erCivil Matters — Volume 11 · Source page ٧٥
  30. Principle 345The compensation imposed on the person liable for an unlawful act encompasses moral damage in its various manifestations. Arising from death and from circumstances falling short of death. The basis thereof.Civil Matters — Volume 11 · Source page ٧٥
  31. Principle 347The extent of compensation making good moral damage. A matter of fact within the exclusive discretion of the trial judge, without review, provided that the judge sets out its constituent elements. Example.Civil Matters — Volume 11 · Source page ٧٦
  32. Principle 348Insurance against civil liability arising from motor vehicle accidents. Compulsory for the benefit of third parties suffering injury to their person or property. It confers upon the injured party a personal right enforceCivil Matters — Volume 11 · Source page ٧٦
  33. Principle 349Moral damage. Its nature. - The scope of compensation for moral damage. A question of fact. Within the authority of the court of merits. Provided it identifies the constituent elements of this damage.Civil Matters — Volume 11 · Source page ٧٦
  34. Principle 350Moral damage. Its prerequisite. Determining its existence and assessing compensation that makes good that damage. A factual matter independently assessed by the trial judge. Disputing this. A dispute on the merits. ExampCivil Matters — Volume 11 · Source page ٧٦
  35. Principle 351Moral damage. Fault is the basis of liability to compensate it. The criminal judgment's negation of fault. Its binding authority in that respect must be observed, and compensation for moral damage is precluded. The judgmCivil Matters — Volume 11 · Source page ٧٦
  36. Principle 353The compensation payable by the person responsible for an unlawful act. Its inclusion of moral damage. An example is the sorrow and grief a person feels and the love and affection he loses as a result of the death of somCivil Matters — Volume 11 · Source page ٧٧
  37. Principle 354Moral damage. Its nature. - The insurance company's obligation to compensate for all damage sustained by third parties under compulsory insurance against motor vehicle accidents. This includes moral damage.Civil Matters — Volume 11 · Source page ٧٧
  38. Principle 355Moral damage. Its nature, compensation for it, and the basis thereof. - The judgment's rejection of the claim for compensation for moral damage despite its elements being established. Renders it defective.Civil Matters — Volume 11 · Source page ٧٧
  39. Principle 356Compensation for moral damage arising from death. Restricted to spouses and relatives up to the 2nd degree. The implication of this. - Allowing compensation for moral damage in its various manifestations. The basis for tCivil Matters — Volume 11 · Source page ٧٧
  40. Principle 357The person responsible for an unlawful act. His obligation to compensate for damage even if moral. Article 231 of the Civil Code. This encompasses moral damage in all its manifestations. Example concerning what befell a Civil Matters — Volume 11 · Source page ٧٧
  41. Principle 358Permissible publication. Its nature. That which does not offend public morals or impinge upon persons' dignity or their personal freedoms guaranteed by the Constitution and the law. Exceeding this limit. Its effect. HoldCivil Matters — Volume 11 · Source page ٧٧
  42. Principle 359Assessing compensation where its grounds exist and no provision of law requires adherence to particular criteria in that respect. Within the authority of the trial judge. Its condition. - Assessing compensation for moralCivil Matters — Volume 11 · Source page ٧٨
  43. Principle 360Moral harm is all psychological injury suffered by a person as a result of interference with his honour, reputation, standing, or social or moral status among people. - Assessment of compensation for moral harm. A matterCivil Matters — Volume 11 · Source page ٧٨
  44. Principle 361Assessment of compensation. Within the authority of the court of merits, provided the law has not required it to follow particular criteria or methods in that regard. The condition therefor. - Compensation for moral damaCivil Matters — Volume 11 · Source page ٧٨
  45. Principle 362Assessment of compensation. A matter for the court of merits whenever its grounds exist and there is no statutory provision mandating particular criteria and methods in that respect. Compensation for moral damage and whaCivil Matters — Volume 11 · Source page ٧٨
  46. Principle 363The obligation of the person responsible for an unlawful act to compensate for damage, even if non-pecuniary, in its various manifestations. Article 231/1, 2 of the Civil Code. Reason therefor. - Compensation for non-pecCivil Matters — Volume 11 · Source page ٧٨
  47. Principle 364Assessment of compensation. Within the trial judge’s authority. Condition thereof. That no statutory provision requires him to follow particular criteria and that he base his assessment on sound foundations. - AssessmentCivil Matters — Volume 11 · Source page ٧٩
  48. Principle 365Assessment of compensation. Within the trial judge's authority, unless a provision requires him to follow particular criteria, and provided his assessment rests on sound grounds. - Compensation for moral damage. Must be Civil Matters — Volume 11 · Source page ٧٩
  49. Principle 366Inferring the existence or absence of moral damage. Within the authority of the court of merits. The condition for this.Civil Matters — Volume 11 · Source page ٧٩
  50. Principle 367Compensation for moral harm. Its assessment falls within the authority of the trial court. The condition therefor. That the law has not laid down specific criteria for determining it.Civil Matters — Volume 11 · Source page ٧٩
PreviousPage 7 of 83Next