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. التسجيل

    Principle 4062The Real Estate Registration Law under Decree No. 5 of 1959. After its issuance, ownership does not transfer between the parties concerned or in relation to others except by registration. The legislature granted the inhaCivil Matters — Volume 11 · Source page 796

  2. الوثائق العدسانية

    Principle 4063Priority of a registered contract over an unregistered contract. Not altered by proof of the two parties’ collusion to deprive the first purchaser. Knowledge of the earlier sale by the second purchaser who registered hisCivil Matters — Volume 11 · Source page 796

  3. تسجيل عقد الهبة

    Principle 4064Registration of properties before it was entrusted to the Courts Department in 1932 AD. The late Sheikh Abdullah Al-Adsani’s competence in that regard, followed by judges of the Al-Adsani family. Contracts drawn up at thCivil Matters — Volume 11 · Source page 796

  4. تسجيل حكم الفسخ

    Principle 4065Real property ownership. It is not transferred, whether between the contracting parties or as regards third parties, except by registration. Article 7 of Decree 5 of 1959. - Registration of a gift contract. Its revocatioCivil Matters — Volume 11 · Source page 797

  5. تسجيل العلامة التجارية

    Principle 4066A final judgment rescinding the registered contract. Producing its effect by extinguishing ownership. Its condition. Its registration, even if it has acquired the force of res judicata. Article 7 of Decree-Law 5 of 1959 Civil Matters — Volume 11 · Source page 798

  6. دعوى صحة ونفاذ البيع

    Principle 4067Multiple applications submitted for registration of identical or similar trademarks for the same products. Priority in registration is given to the application preceding the others in filing date, while ownership of the Civil Matters — Volume 11 · Source page 798
  7. Principle 4068An action for the validity and enforceability of a sale contract. Its purpose. Specific performance of the seller’s obligations and obtaining a judgment whose registration takes the place of the contract in transferring Civil Matters — Volume 11 · Source page 798
  8. Principle 4069An action for the validity and enforceability of a sale. Its nature. An action ultimately for entitlement, intended to enforce the seller's obligations that would transfer ownership of the sold property to the purchaser Civil Matters — Volume 11 · Source page 798
  9. Principle 4070Registration of the statement of claim in an action for confirmation of the validity of a contract and annotation of the judgment rendered therein in the margin of the registration. Its effect. Preserving the purchaser’sCivil Matters — Volume 11 · Source page 799
  10. Principle 4072An action for the validity and enforceability of a sale contract. It is ultimately an action claiming title, intended to secure specific performance of the seller's obligations that would transfer ownership to the purchaCivil Matters — Volume 11 · Source page 799

  11. حظر التصرف الناقل للملكية على الوصي

    Principle 4073An action for the validity and enforceability of a sale contract. It is ultimately an action claiming title. Its purpose is specific performance of the seller's obligations that would transfer ownership to the purchaser Civil Matters — Volume 11 · Source page 799

  12. الحيازة ووضع اليد - التقادم المكسب

    Principle 4074The legislature's prohibition on the guardian undertaking certain dispositions without the court's permission, including disposing of the minor's property. Its condition. That the disposition transfers ownership or creatCivil Matters — Volume 11 · Source page 800
  13. Principle 4075A judgment founded on multiple grounds. The sufficiency of one of them to sustain the judgment. Criticizing it in respect of the remaining grounds is unavailing. Example concerning possession conferring title.Civil Matters — Volume 11 · Source page 800
  14. Principle 4076Land situated outside the general planning boundary. Part of State property. Taking possession of it with the intention of acquiring ownership is impermissible. Article 2 of Law 18 of 1969.Civil Matters — Volume 11 · Source page 800
  15. Principle 4078Taking possession of property. It has no legal significance except for a person who intended to possess the property for himself and actually possessed it with the intention of owning it. Possession by a beneficiary of aCivil Matters — Volume 11 · Source page 800
  16. Principle 4080The judgment's negation of possession with the intention of ownership. Maintaining that possession was by tolerance. Ineffectual.Civil Matters — Volume 11 · Source page 801
  17. Principle 4081The principle thereof is that the predecessor’s possession accompanies the property upon the transfer of possession to the universal successor, whether he knows the reason for possession or is ignorant of it.Civil Matters — Volume 11 · Source page 801
  18. Principle 4082Abandonment requiring that an action not be heard under Sharia. Its nature. It is abandonment of the property while grounds for an action exist through another’s usurpation of the property, encroachment upon it, and deniCivil Matters — Volume 11 · Source page 801
  19. Principle 4083Assessment of the evidence in the action and the facts leading to acquisition of ownership of real property by lapse of time. A matter exclusively for the court of merits. The condition for this.Civil Matters — Volume 11 · Source page 801
  20. Principle 4085Action to evict a possessor without cause or capacity. Jurisdiction of the judge of urgent matters to hear it. Condition thereof. If a dispute arises over the existence of the legal basis for possession, the judge of urgCivil Matters — Volume 11 · Source page 801
  21. Principle 4086Possession. Ascertaining its constituent elements. A material fact. It may be Nproved or disproved by all means of proof.Civil Matters — Volume 11 · Source page 802
  22. Principle 4088The predecessor's period of possession. Adding it to the successor's period of possession to complete the statutory period for treating his possession as evidence of ownership.Civil Matters — Volume 11 · Source page 802
  23. Principle 4089Ascertaining possession of real estate and identifying its constituent elements. Within the authority of the court of merits. It may rely on witness statements or statements before the expert as circumstantial evidence oCivil Matters — Volume 11 · Source page 802
  24. Principle 4090Assessment of evidence of the existence or absence of possession. Independently undertaken by the court of merits so long as it is sound.Civil Matters — Volume 11 · Source page 802
  25. Principle 4091Assessment of the facts leading to possession being regarded as evidence of ownership. Within the sole discretion of the trial court, provided it is reasonable.Civil Matters — Volume 11 · Source page 802
  26. Principle 4092Possession lacking its requisite conditions. It does not entitle a person to claim ownership of real estate, however long it continues. An example. - 802 - OwnershipCivil Matters — Volume 11 · Source page 802
  27. Principle 4093Possession is not considered a means of acquiring ownership under Islamic Sharia, but it is considered a presumption that the possessor is the owner under the system of non-hearing of actions.Civil Matters — Volume 11 · Source page 803
  28. Principle 4095Ascertaining possession of immovable property and assessing its treatment as a presumption of ownership. Within the discretion of the court of merits so long as its assessment is sound; it may rely in this regard upon wiCivil Matters — Volume 11 · Source page 803
  29. Principle 4097Possession is a material fact. The consequence thereof. It may be proved by all legal means.Civil Matters — Volume 11 · Source page 803
  30. Principle 4098Survey maps and neighboring owners’ documents have no probative force in establishing ownership. They may be regarded as circumstantial evidence of possession as a material fact. The authority of the court of merits to rCivil Matters — Volume 11 · Source page 803
  31. Principle 4099Possession is a material fact capable of proof by all means of proof. The determining consideration therein. What does not negate its peaceful character, interrupt prescription, or affect possession.Civil Matters — Volume 11 · Source page 803
  32. Principle 4100Possession is a person's control over a tangible thing and appearing in relation to it as the owner or holder of another right in rem. Manifestation thereof.Civil Matters — Volume 11 · Source page 803
  33. Principle 4101Possession is not considered a means of acquiring ownership under the Mejelle of Judicial Provisions. The reason for this. It may be considered a legal and Sharia presumption of ownership. The condition for this. - 803 -Civil Matters — Volume 11 · Source page 803
  34. Principle 4102Ascertaining physical possession, assessing evidence and drawing inferences leading to the existence or absence of possession are within the exclusive authority of the court of merits.Civil Matters — Volume 11 · Source page 804
  35. Principle 4103Possession under the Majalla of Judicial Rules is not considered a ground for acquiring ownership by prescription. The reason therefor. Its continuation for 15 years peacefully and openly with the intention of ownership.Civil Matters — Volume 11 · Source page 804
  36. Principle 4106Ascertaining possession of immovable property and assessing the presumptions and facts that do or do not establish it as a presumption of ownership. Within the authority of the court of merits. It may ascertain the factsCivil Matters — Volume 11 · Source page 804
  37. Principle 4107The Real Estate Registration Department is the sole body addressed regarding adherence, in proving ownership upon registration, to records of physical possession issued by the notary public. - Acceptance of records of phCivil Matters — Volume 11 · Source page
  38. Principle 4108Assessment of the evidence in the action and the facts that do or do not lead to acquisition of ownership through the passage of the long period. Falls within the independent authority of the trial court, provided it is Civil Matters — Volume 11 · Source page
  39. Principle 4109Possession of real estate satisfying its conditions. A Sharia and legal presumption of ownership. - The successor may add his predecessor's period of possession to his own period of possession to complete the period of pCivil Matters — Volume 11 · Source page
  40. Principle 4110Ascertaining possession, assessing the necessary evidence as an indication of ownership, and adopting the expert’s report. Within the authority of the court of merits. It may accept what it finds reliable and discard whaCivil Matters — Volume 11 · Source page
  41. Principle 4111State property inside and outside the general planning boundary. The general rule prohibits individuals from taking possession of it. Departures from this rule are exceptions. - The courts’ right, when hearing actions toCivil Matters — Volume 11 · Source page
  42. Principle 4112Ascertaining possession of immovable property and inferring presumptions establishing or negating possession. A matter independently determined by the court of merits.Civil Matters — Volume 11 · Source page
  43. Principle 4113The provisions of Articles 13, 14 of Law 5 of 1959 are addressed to the body entrusted by the legislator with registration and do not prevent courts, when considering actions to establish ownership, from accepting any evCivil Matters — Volume 11 · Source page
  44. Principle 4114Possession. Its nature. - Possession in itself. Is not a ground for acquiring ownership in Islamic jurisprudence. Its treatment as a presumption of ownership. The condition thereof. - 805 - OwnershipCivil Matters — Volume 11 · Source page
  45. Principle 4115The predecessor’s period of possession. Adding it to the successor’s period of possession to complete the statutory period for treating his possession as evidence of ownership. - Possession is a material fact. It may be Civil Matters — Volume 11 · Source page
  46. Principle 4116Ascertaining possession of real estate as a presumption of ownership. Within the authority of the court of merits. Its condition.Civil Matters — Volume 11 · Source page
  47. Principle 4117The State’s private property within or outside the planning boundary. The general rule. Prohibition on taking possession of it with the intent to acquire ownership, dispose of it, possess it, or benefit from it without pCivil Matters — Volume 11 · Source page
  48. Principle 4118The body addressed by the provisions of Articles 13, 14 of Law No. 1959. It is the authority entrusted with registration. Without prejudice to the courts' right, when hearing an action to establish ownership, to accept aCivil Matters — Volume 11 · Source page
  49. Principle 4119The State's private property within or outside the planning boundary. Taking possession of it with the intention of acquiring ownership, disposing of it or benefiting from it. Impermissible. Law 18/69 and Law 5/1975.Civil Matters — Volume 11 · Source page
  50. Principle 4120Documents admissible to prove the root of title to real estate under Law 5/1959. What they are, - Land owned by individuals within the boundaries of private ownership south of the Fifth Ring Road, in the village of JahraCivil Matters — Volume 11 · Source page
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