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. كفالة

    Principle 4008The creditor causing, through his fault, the loss of any security to which the surety may be subrogated and on which he relied in guaranteeing the debtor. The surety may invoke his discharge to the extent of the guaranteCivil Matters — Volume 11 · Source page 784
  2. Principle 4009The surety's recourse against the principal debtor. May occur only if he has paid the debt to the creditor after the debtor failed to pay it, by a personal action or a subrogation action. The basis thereof. The loan instCivil Matters — Volume 11 · Source page 785

  3. - الالتصاق

    Principle 4010The guarantees concerned with encashment or remittance to the State Treasury pursuant to Municipal Council Resolution No. (M B/T 5/123/2005), amending Resolution No. (M B/F 15/10/2002), are those provided by the propertyCivil Matters — Volume 11 · Source page 785

  4. - الشفعة

    Principle 4012Erecting buildings or planting on another’s land in good faith or with the owner’s permission does not entitle him to demand their removal. The person who built or planted has the right to request removal provided that iCivil Matters — Volume 11 · Source page 786
  5. Principle 4013Declaration of the desire to exercise pre-emption. Its time limit: fifteen days from the date of knowledge. Nature of knowledge: sufficient knowledge of the elements of the sale and its essential terms. Reason therefor. Civil Matters — Volume 11 · Source page 786
  6. Principle 4014The seller's obligation to warrant the buyer against interference in the property sold. An obligation arising from the contract of sale. Its effect: no physical or legal interference with the buyer. - 786 - Ownership - ECivil Matters — Volume 11 · Source page 786
  7. Principle 4015Circumvention intended to defeat pre-emption that must be turned back upon its perpetrator. Its meaning. That which is intended to frustrate a right conferred on the pre-emptor by law. - The legislature's reliance on theCivil Matters — Volume 11 · Source page 787

  8. - البيع

    Principle 4016Lapse of the right of pre-emption upon expiry of the time limit prescribed in Article 903/b of the Civil Code, which begins on the date of registration of the real estate sale contract. This falls within the legislature'Civil Matters — Volume 11 · Source page 787
  9. Principle 4017Failure to register a judgment establishing the validity and enforceability of a sale of real estate. Its effect. The purchaser is merely an unsecured creditor and ownership does not pass to him.Civil Matters — Volume 11 · Source page 787
  10. Principle 4018An unregistered sale contract concluded under the Real Estate Registration Law does not transfer ownership to the purchaser. The basis thereof. - 787 - OwnershipCivil Matters — Volume 11 · Source page 787
  11. Principle 4019Sale of another's property pursuant to the provisions of the Majalla of Judicial Rules. Valid, but suspended pending the owner's ratification.Civil Matters — Volume 11 · Source page 788
  12. Principle 4020Sale of another's property under the former Commercial Law 2 of 1961. Does not transfer ownership of the real estate sold unless the true owner ratifies it.Civil Matters — Volume 11 · Source page 788
  13. Principle 4021The sale contract. A consensual contract. Its conclusion in a special form. Not required. - A foreigner's ownership of real estate. Impermissible. An Arab belonging by nationality to an Arab country. His ownership of reaCivil Matters — Volume 11 · Source page 788
  14. Principle 4022Sale of another’s property is not effective against the true owner unless he approves it. A contract for the sale of another’s property is voidable.Civil Matters — Volume 11 · Source page 788
  15. Principle 4023An action for the validity and enforceability of a sale contract. The court's authority therein extends to examining the subject matter, scope and enforceability of the contract. Its scope. It encompasses all grounds raiCivil Matters — Volume 11 · Source page 788
  16. Principle 4024Warranty against eviction is an obligation owed by the seller arising from the sale contract. The purchaser’s recourse against the seller under it. It includes a demand for performance of his obligation to transfer ownerCivil Matters — Volume 11 · Source page 788
  17. Principle 4025Transfer of ownership of real property pursuant to a sale of another’s property. Its condition. Ratification of the sale by the true owner. - 788 - OwnershipCivil Matters — Volume 11 · Source page 788
  18. Principle 4026Permissibility of agreeing in a sale contract that the seller retain ownership of the sold property until the entire price is paid. Article 464, Civil Code, and Articles 137/1 and 138, Commercial Law. Absolute nullity ofCivil Matters — Volume 11 · Source page 789
  19. Principle 4027Transfer of ownership of the sold property whose price has not been paid is subject to a suspensive condition, namely payment of the full price. Fulfilment of the suspensive condition by payment thereof. Its effect. TranCivil Matters — Volume 11 · Source page 789
  20. Principle 4029Sale of another's property. Its voidability. Its effectiveness against the true owner. Its condition. His express or implied ratification. The effect of that ratification. Transfer of ownership to the purchaser. - InferrCivil Matters — Volume 11 · Source page 789
  21. Principle 4030The purchaser of real property. A particular successor to the seller. The effect thereof. He has the right to claim compensation for usurpation of the property. - The Municipality’s seizure of the disputed land on a dateCivil Matters — Volume 11 · Source page 789
  22. Principle 4031A claim for a judgment declaring a sale contract valid and effective. Its difference in subject matter and cause from a claim for a judgment confirming ownership through possession conferring title. The former is based oCivil Matters — Volume 11 · Source page 790
  23. Principle 4033An action for the validity of a contract. Its nature. An action ultimately seeking title, intended to obtain specific performance of the seller’s obligations that would transfer ownership to the purchaser, and to obtain Civil Matters — Volume 11 · Source page 790
  24. Principle 4034Action for the validity and enforceability of a contract of sale. Ultimately an action for entitlement. Reason therefor. Upon registration of the judgment rendered therein, it results in the claimant's entitlement to ownCivil Matters — Volume 11 · Source page 790
  25. Principle 4035Simulation. Its nature. - Absolute simulation of a sale contract. Its effect. Its invalidity and the non-transfer of ownership to the purchaser, even if the contract is registered. The reason therefor. - The previous judCivil Matters — Volume 11 · Source page 790
  26. Principle 4036Cases in which ownership does not transfer merely by sale. The seller must do everything necessary to transfer it to the purchaser and refrain from acts that prevent or render that transfer difficult. - Ownership of realCivil Matters — Volume 11 · Source page 791
  27. Principle 4037The good faith of a particular successor that is taken into account to prevent the effect of rescission of the contract concluded with his predecessor from being asserted against him. Its criterion. At the time of the diCivil Matters — Volume 11 · Source page 791
  28. Principle 4038The person in whose name the vehicle licence is issued. He is its owner regardless of his breach of his contractual obligations to the seller. - Inclusion in the vehicle sale contract of a retention-of-title clause pendiCivil Matters — Volume 11 · Source page 791
  29. Principle 4039Amendment of the company's contract and conversion of its legal entity into a limited liability company. Inclusion in the contract of a grant to its manager of broad powers and authority to conclude contracts, agreementsCivil Matters — Volume 11 · Source page 792

  30. التسجيل

    Principle 4040Cases in which ownership does not transfer merely by sale. The seller must do everything necessary for its transfer to the purchaser and refrain from acts that prevent this or make it difficult. An example concerning theCivil Matters — Volume 11 · Source page 792
  31. Principle 4041A registered sale contract concluded under the Real Estate Registration Law does not transfer ownership of the sold real estate to the purchaser. The basis thereof.Civil Matters — Volume 11 · Source page 792
  32. Principle 4042Ownership of the sold real estate. Its transfer. Contingent upon registration of the sale contract. - Rescission of the sale contract as a result of the seller's sale of the sold real estate makes the seller liable to coCivil Matters — Volume 11 · Source page 792
  33. Principle 4043Sale of another’s property does not transfer ownership unless ratified by the owner. Article 381 of the Commercial Code. - Ownership of small vessels passes from the seller to the purchaser by the contract alone. It is nCivil Matters — Volume 11 · Source page 793
  34. Principle 4044The intended addressee of the provision of Article 14 of Law 5/1959. It is the authority entrusted with registration procedures. The courts' right to rely on any evidence they find convincing when considering actions to Civil Matters — Volume 11 · Source page 793
  35. Principle 4045The Real Estate Registration Department is the sole authority addressed regarding adherence, in proving ownership upon registration, to possession records issued by the notary public. Acceptance of possession records regCivil Matters — Volume 11 · Source page 793
  36. Principle 4046The provisions of Articles 13 and 14 of Law 5/1959 are addressed to the authority entrusted with registration procedures. This does not affect the courts’ right, when hearing actions to establish ownership, to accept anyCivil Matters — Volume 11 · Source page 793
  37. Principle 4047The Real Estate Registration Department is the body addressed with regard to being bound, in proving ownership upon registration, by the possession records issued by the notary public. Its implication. No prejudice to thCivil Matters — Volume 11 · Source page
  38. Principle 4048Dispositions transferring ownership preceding the issuance of the Real Estate Registration Law. The documents admissible to prove them. - The addressee of the provision of Article 14 thereof is the authority entrusted wiCivil Matters — Volume 11 · Source page
  39. Principle 4049Withdrawal from an inheritance by agreement. How it is effected. It must be registered to produce its effect in transferring ownership. - A Sharia inheritance distribution statement issued by the Inheritance Section of tCivil Matters — Volume 11 · Source page
  40. Principle 4050Ownership of real property. It is transferred only by registration. Failure to register. Its effect. In relation to the transferor's creditors.Civil Matters — Volume 11 · Source page
  41. Principle 4052Ownership in real estate matters does not pass between the contracting parties or in relation to third parties except by registration. Article 7 of Decree-Law 5/1959. - The debtor’s disposition is not effective against tCivil Matters — Volume 11 · Source page
  42. Principle 4053Creation, transfer, alteration, or extinction of an original real right in immovable property, and final judgments establishing the same. Their registration is mandatory. Unregistered transactions. Their effect: personalCivil Matters — Volume 11 · Source page
  43. Principle 4054The requirement to register real estate ownership actions concerning a real right in immovable property. Its importance: preservation of the claimant's right upon judgment in his favour and annotation of that judgment inCivil Matters — Volume 11 · Source page
  44. Principle 4055Ownership of real estate. Its transfer by registration, whether between the contracting parties or in relation to third parties. The basis thereof. Article 7 of the Real Estate Registration Law 5/1959. Non-completion of Civil Matters — Volume 11 · Source page
  45. Principle 4056The obligation of the real estate registration authority and the administrative committees formed by the Chairman of the Municipal Council to determine claims of ownership to comply with the procedures stipulated in LawsCivil Matters — Volume 11 · Source page
  46. Principle 4057The Municipality's jurisdiction. It does not include issuing ownership documents for what devolves upon individuals by inheritance. - Procedures for registration transferring ownership. They take place at the request of Civil Matters — Volume 11 · Source page
  47. Principle 4058The seller issuing a real estate power of attorney to the purchaser and delivering the title deed to him. The latter may issue similar powers of attorney to third parties. The final purchaser’s registration of the contraCivil Matters — Volume 11 · Source page
  48. Principle 4059The authority entrusted with registration being bound by what is stated in Law 5 of 1959, and the committees under Law 5 of 1975 by the evidence specified by law when performing their functions. This does not prejudice tCivil Matters — Volume 11 · Source page
  49. Principle 4060Every real right over immovable property, whether an original real right such as ownership or an accessory real right such as a formal mortgage, is considered immovable property. These real rights over immovable propertyCivil Matters — Volume 11 · Source page
  50. Principle 4061Ownership of immovable property. Its transfer by registration, whether between the contracting parties or with respect to third parties. The basis thereof. Article 7 of the Real Estate Registration Law. Non-completion ofCivil Matters — Volume 11 · Source page
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