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. الحيازة ووضع اليد - التقادم المكسب

    Principle 4121The State's private property within or outside the planning boundary. Taking possession of it with the intention of acquiring ownership or disposing of it. Not permissible. Law 5/1975.Civil Matters — Volume 11 · Source page 807
  2. Principle 4122Ascertainment of the facts of the case and assessment of the evidence establishing or not establishing possession of immovable property for the long period conferring ownership. Within the authority of the court of meritCivil Matters — Volume 11 · Source page 807
  3. Principle 4123The provisions of Law 5 of 1959 are addressed to the authority entrusted with registration procedures. The implication thereof. The courts' right to rely on any evidence they find convincing when hearing ownership actionCivil Matters — Volume 11 · Source page 807
  4. Principle 4124Ascertainment and assessment of the facts leading to possession being regarded as a presumption of ownership. Within the authority of the court of merits, provided it is reasonable.Civil Matters — Volume 11 · Source page 807
  5. Principle 4125Peaceful and open possession of real property for 15 years with the intention of ownership is deemed, under the system of non-hearing of actions, a Sharia and legal presumption that the possessor is its owner. - AscertaiCivil Matters — Volume 11 · Source page 807
  6. Principle 4126Tacking the predecessor’s possession to the successor’s possession for all effects arising from possession, including acquisition of ownership by prescription. Permissible for a purchaser under an unregistered contract aCivil Matters — Volume 11 · Source page 807
  7. Principle 4127Lands situated south of the Fifth Ring Road and the village of Jahra are considered within the boundaries of private ownership, and individuals may claim ownership of them and submit evidence thereof, except for what is Civil Matters — Volume 11 · Source page 808
  8. Principle 4128Possession conferring ownership. Its conditions and nature. - Ascertaining possession of immovable property, assessing evidence of the existence of its elements, and adopting the expert's report or the witnesses heard byCivil Matters — Volume 11 · Source page 808
  9. Principle 4129An action for recovery of possession. Its nature. What suffices for its admissibility. - A criminal judgment of acquittal in a possession action for absence of the element of use of force in the offence of dispossession Civil Matters — Volume 11 · Source page 808
  10. Principle 4130Inferring the existence of possession from documents, an administrative or judicial investigation, or a witness who has not taken the oath. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page 808
  11. Principle 4132An action to prevent interference. Available only to a possessor in the legal sense. The possession required for this. Its condition.Civil Matters — Volume 11 · Source page 809
  12. Principle 4133The probative force of aerial photographs. Its extent. The extent of the authority of the court of merits in respect thereof. - Ascertainment of possession. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page 809
  13. Principle 4134Long-term possession with its material and intentional elements. A matter of fact susceptible of proof by all legal means, whose assessment rests exclusively with the judge of merits.Civil Matters — Volume 11 · Source page 809
  14. Principle 4135Long-term possession with both its elements. Inferring it. A matter of fact within the authority of the trial court. It may infer it from the facts and documents of the action and the expert's report.Civil Matters — Volume 11 · Source page 809
  15. Principle 4136Establishing possession of real estate and assessing the presumptions, evidence and witness statements which do or do not establish its existence as a presumption of ownership, and ascertaining the true content of aerialCivil Matters — Volume 11 · Source page 809
  16. Principle 4137Possession is a material fact. It may be proved by all means of proof insofar as they do not contradict the evidentiary authority of aerial photographs.Civil Matters — Volume 11 · Source page 809
  17. Principle 4138Land situated within the planning boundaries south of the Fifth Ring Road, Jahra village within plan B/520, and Failaka Island within plan M/32689 is land falling within the bounds of private ownership unless it is proveCivil Matters — Volume 11 · Source page 809
  18. Principle 4139Assessment of evidence and presumptions leading to the conclusion that possession of immovable property and appearing as its owner for a long period constitute evidence of ownership. Within the authority of the court of Civil Matters — Volume 11 · Source page 810
  19. Principle 4141Ascertaining physical possession of real estate, assessing evidence and drawing inferences leading to the existence or absence of possession. Within the authority of the court of merits, provided that its conclusion is rCivil Matters — Volume 11 · Source page 810
  20. Principle 4143Restricting proof of ownership in the law on real estate registration and protection of State property within the general planning boundary to specified evidence does not preclude proving ownership before the courts by aCivil Matters — Volume 11 · Source page 810
  21. Principle 4144The successor may tack the period of his possession of the property to the period of his predecessor’s possession to complete the period prescribed by law.Civil Matters — Volume 11 · Source page 810
  22. Principle 4145Taking possession of State property with the intention of owning it, disposing of it, possessing it, or benefiting from it without prior permission from the competent administrative authority. The exception. The special Civil Matters — Volume 11 · Source page 810
  23. Principle 4146The person holding possession and the possessor. His definition in the Majalla of Judicial Provisions and in the Civil Code. - Peacefulness and continuity of possession. What is meant thereby. - 810 - Ownership - PossessCivil Matters — Volume 11 · Source page 810
  24. Principle 4147Aerial photographs. Their nature: circumstantial evidence of the existence or absence of manifestations of possession. The court of merits being bound by them does not affect its right to understand the true nature of thCivil Matters — Volume 11 · Source page 811
  25. Principle 4148Prohibition on taking possession of State property inside or outside the general planning boundary. The reason for this. The exception. Awarding persons claiming ownership special grants subject to certain conditions. LaCivil Matters — Volume 11 · Source page 811
  26. Principle 4149Possession and assessment of presumptions, witness statements, expert reports, and facts that do or do not establish it as a presumption of ownership. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page 811
  27. Principle 4150Possession is a person's control over a tangible thing and his appearing in relation to it as the owner or holder of another real right.Civil Matters — Volume 11 · Source page 811
  28. Principle 4151The purchaser, as the seller's particular successor, may tack his predecessor's possession onto his own possession to acquire ownership by prescription. He may rely on an unregistered purchase contract as evidence of theCivil Matters — Volume 11 · Source page 811
  29. Principle 4152Possession is not in itself considered a means of acquiring ownership under the Majalla of Judicial Provisions, but it is considered a presumption that the possessor is the owner under the system of non-hearing of actionCivil Matters — Volume 11 · Source page 811
  30. Principle 4153The legislature prohibited, as a general rule, taking possession of State property with the intention of acquiring ownership thereof or disposing of it by sale, gift, or will. However, as an exception to this rule, it prCivil Matters — Volume 11 · Source page 811
  31. Principle 4154State property within and outside the general planning boundary. The general rule. Individuals are prohibited from taking possession thereof. What departs from this rule. An exception. - The provisions of Articles 13, 14Civil Matters — Volume 11 · Source page 812
  32. Principle 4155Possession of real estate satisfying its legal conditions is a legal presumption of the possessor's ownership. The successor may add his period of possession of the real estate to his predecessor's period of possession tCivil Matters — Volume 11 · Source page 812
  33. Principle 4156Possession considered evidence of ownership. Its nature. - Inferring possession of real estate and assessing the facts that do or do not establish it as an indication of ownership. Within the authority of the court of meCivil Matters — Volume 11 · Source page 812
  34. Principle 4157The obligation to protect State property outside the general planning boundary. The consequence. Individuals’ claims to ownership within this boundary. Their exclusion from the scope of the provisions of Law 18 of 1969. Civil Matters — Volume 11 · Source page 812
  35. Principle 4158Possession is a person's control, personally or through another, over a tangible thing in respect of which he appears as owner or holder of another real right, and if it continues for fifteen years peacefully, openly, anCivil Matters — Volume 11 · Source page 813
  36. Principle 4159Land situated south of the Fifth Ring Road, Jahra village within plan B/520, and Failaka Island within plan M/22689 is in principle regarded as land within the boundaries of private ownership, except for what is proved tCivil Matters — Volume 11 · Source page 813
  37. Principle 4160Possession is not considered a means of acquiring ownership under the Mejelle of Judicial Provisions. The reason for this. Its continuation for fifteen years, peacefully and openly, with the intention of ownership. Its tCivil Matters — Volume 11 · Source page
  38. Principle 4161Prohibition on taking possession of State property with the intention of acquiring ownership thereof, inside or outside the planning boundary. The basis thereof: every immovable property without an owner belongs to the SCivil Matters — Volume 11 · Source page
  39. Principle 4162The successor may add the period of his possession of the property to the period of his predecessor’s possession. The purpose thereof: completing the prescribed period for his possession to be considered evidence of owneCivil Matters — Volume 11 · Source page
  40. Principle 4163The defense that an action may not be heard due to the passage of time. Its application to an ownership action. Its condition. The State’s right to invoke this defense. The reason for this. - The State may acquire indiviCivil Matters — Volume 11 · Source page
  41. Principle 4164The plea that an action may not be heard due to lapse of time. Its application to an ownership action where the owner has left it for fifteen years despite the existence of grounds for it, namely another person's possessCivil Matters — Volume 11 · Source page
  42. Principle 4165Ascertainment of possession and its manifestations, assessment of the evidence in the action and the facts leading to its establishment with its material and intentional elements as evidence of ownership, and determinatiCivil Matters — Volume 11 · Source page
  43. Principle 4166Land situated within the general planning boundary south of the Fifth Ring Road. The general rule. It is regarded as falling within the limits of private ownership, except for what is proven to be owned by the State. ItsCivil Matters — Volume 11 · Source page
  44. Principle 4167Possession while the Majalla of Judicial Provisions was in force. When it is considered a Sharia and legal presumption of ownership. The appellant’s possession of the property for seven years does not complete the prescrCivil Matters — Volume 11 · Source page
  45. Principle 4168Ascertaining possession of immovable property and assessing evidence leading to the existence of possession with both its elements as evidence of ownership. Within the authority of the court of merits. The condition therCivil Matters — Volume 11 · Source page
  46. Principle 4169Possession of real property and appearing in relation to it as its owner for fifteen years is a Sharia and legal presumption of the possessor’s ownership, and he may add the period of his possession to that of his predecCivil Matters — Volume 11 · Source page
  47. Principle 4170A 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
  48. Principle 4171Open, peaceful, and continuous possession of real property for fifteen years. A presumption of the possessor's ownership.Civil Matters — Volume 11 · Source page
  49. Principle 4173Open, peaceful and continuous possession of real property for fifteen years is a presumption of ownership under Sharia and law, and the successor may add the period of his possession to that of his predecessor to completCivil Matters — Volume 11 · Source page
  50. Principle 4174Lands not owned by individuals and real properties whose owners died without an heir. State ownership thereof. Lands situated within the boundaries of private ownership whose ownership by the State has not been establishCivil Matters — Volume 11 · Source page
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