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. دعوى الملكية ودعوى الحيازة

    Principle 4349The provisions of Articles 13, 14 of Law 5/1959 are addressed to the authority entrusted by the legislature with registration procedures and do not prevent courts, when hearing actions to establish ownership, from relyinCivil Matters — Volume 11 · Source page 856
  2. Principle 4350The predecessor’s period of possession. Its addition to the successor’s period of possession to complete the statutory period for considering his possession evidence of ownership. - Possession is a material fact. It may Civil Matters — Volume 11 · Source page 856
  3. Principle 4351Ascertainment of possession and assessment of the evidence leading to its being considered a presumption of ownership. Within the authority of the court of merits, provided it bases its ruling on reasonable grounds.Civil Matters — Volume 11 · Source page 856
  4. Principle 4352Ascertaining possession of real property as circumstantial evidence of ownership. Falls within the power of the court hearing the merits. Its condition. The court hearing the merits has the power to adopt the opinion of Civil Matters — Volume 11 · Source page 856
  5. Principle 4353The addressee of the provisions of Articles 13, 14 of Law No. 5/1959. Is the authority entrusted with registration. Without prejudice to the right of the courts, when hearing an action to establish ownership, to adopt anCivil Matters — Volume 11 · Source page 857
  6. Principle 4354The provisions of Law 5/1959 are addressed to the authority entrusted with registration procedures. The consequence. The right of the courts to accept any evidence they find convincing when hearing ownership actions. EstCivil Matters — Volume 11 · Source page 857
  7. Principle 4355Entitlement to the grant prescribed by Law 5/1975, as amended, does not preclude claiming confirmation of ownership of the same property and proving it by all means of proof. - Possession is a material fact that may be pCivil Matters — Volume 11 · Source page 857
  8. Principle 4358Overt possession characterised by peacefulness and continuity. It is impossible for it to occur over an undivided area and it can only occur over a separately demarcated area. - 857 - OwnershipCivil Matters — Volume 11 · Source page 857
  9. Principle 4359The provisions of Laws 5/1959 and 5/1975 are addressed to the authority entrusted by the legislature with registration procedures in the first law, and to the administrative committees in respect of the second law. CourtCivil Matters — Volume 11 · Source page 858
  10. Principle 4361Establishing possession of real property and assessing the presumptions, evidence and witness statements which do or do not establish it as a presumption of ownership, and ascertaining a true understanding of what aerialCivil Matters — Volume 11 · Source page 858
  11. Principle 4362Aerial photographs have conclusive evidentiary force in disputes between individuals and the State over land ownership. No other evidence is admissible to negate this evidentiary force, and it does not affect the courts’Civil Matters — Volume 11 · Source page 858
  12. Principle 4363Possession is a material fact. It may be established by all means of proof provided that they do not contradict the evidentiary authority of aerial photographs.Civil Matters — Volume 11 · Source page 858
  13. Principle 4365Possession constituting a Sharia and legal presumption of ownership. Its conditions. - A successor may add the duration of his possession of the real property to the duration of his predecessor’s possession to complete tCivil Matters — Volume 11 · Source page 858
  14. Principle 4366The Real Estate Registration Department is the entity addressed with respect to being bound, in proving ownership upon registration, by records of possession issued by the notary public. Its implication. No encroachment Civil Matters — Volume 11 · Source page 859
  15. Principle 4368Judgments rendered in possessory actions have no binding authority in an action claiming the right. Reason therefor. Difference in subject matter and cause. Meaning thereof.Civil Matters — Volume 11 · Source page 859
  16. Principle 4370Possessory actions that may not be combined with a claim to the right. Their nature. Actions for continuation of possession, prevention of interference, and suspension of new works. An action claiming entitlement to attaCivil Matters — Volume 11 · Source page 859
  17. Principle 4371The defense that an action may not be heard owing to lapse of time. Its application to an ownership action. Its condition: the owner's leaving it unpursued for 15 years despite the existence of grounds for it, consistingCivil Matters — Volume 11 · Source page 859

  18. مقابل الانتفاع عن الغصب (الريع)

    Principle 4372The plaintiff’s request in the original ownership action brought before the commencement of enforcement and sale procedures, in addition to the request to confirm his ownership of the property, for a judgment that the juCivil Matters — Volume 11 · Source page 859
  19. Principle 4373Law No. 6/1961 regulating unlawful acts set out the rules of usurpation but did not define it. Recourse must be had to the Majalla of Judicial Rules for its definition. Usurpation is taking and seizing another's propertyCivil Matters — Volume 11 · Source page 860
  20. Principle 4374Seizure of real property without following the legal procedure. Usurpation. Compensation therefor is in the amount of its value at the time of judgment.Civil Matters — Volume 11 · Source page 860
  21. Principle 4375Expropriation for public benefit. It is either direct or indirect. Indirect expropriation. Usurpation. The administrative authority may return the usurped property to its owner, and it has no right to compel it to retainCivil Matters — Volume 11 · Source page 860
  22. Principle 4376The State's right of removal by administrative means. Confined to interference with or encroachment upon its property, either of which constitutes usurpation.Civil Matters — Volume 11 · Source page 860
  23. Principle 4377Expiry of the specified lease term. Its effect. Termination of the lease without need for notice. The tenant’s continued enjoyment of the premises. Usurpation. His continued enjoyment with the landlord’s knowledge and wiCivil Matters — Volume 11 · Source page 860
  24. Principle 4378Property owners’ entitlement to compensation for the expropriation of their properties under the provisions governing tort liability. Its prerequisite. The administration’s failure to take the legal procedures, whereby iCivil Matters — Volume 11 · Source page 861
  25. Principle 4379Expropriation of immovable property without following the legal procedures. Usurpation. Its effect. The administration’s liability to compensate its owner. The reason for this.Civil Matters — Volume 11 · Source page 861
  26. Principle 4380The purchaser of real property. A successor by particular title 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 Civil Matters — Volume 11 · Source page 861
  27. Principle 4381The rule is that the administration compensates a person whose property has been seized for allocation to public use without taking the procedures relating to expropriation. The basis thereof. Unlawful appropriation giviCivil Matters — Volume 11 · Source page 861
  28. Principle 4383Adherence, in assessing compensation, to the assessments of the official Valuation Committee. Its criterion. Cases of expropriation and exchange, under the arrangements and in the manner prescribed by law. The administraCivil Matters — Volume 11 · Source page 861
  29. Principle 4384Abandonment of the property. Its meaning. Leaving it while another usurps it, encroaches upon it, and denies its owner’s right. Leaving and neglecting it without that. Does not extinguish its owner’s right or preclude heCivil Matters — Volume 11 · Source page 862
  30. Principle 4385The administration’s seizure of immovable property to allocate it to public use without taking expropriation procedures. A usurpation giving rise to its liability for compensation. The administration’s obligation to makeCivil Matters — Volume 11 · Source page 862
  31. Principle 4388An action claiming yield for usurpation. It is time-barred upon the passage of 15 years. This is not altered by the disputed property being unproductive.Civil Matters — Volume 11 · Source page 862
  32. Principle 4390Contracts containing essential terms unusual in ordinary leases. Their exclusion from the scope of application of Decree-Law 35 of 1978 concerning real estate leases. Article 1 thereof. Its effect. Its subjection to the Civil Matters — Volume 11 · Source page 863
  33. Principle 4392An action for recovery of possession. It may not be opposed by an action concerning title. The reason therefor: it is based on redressing unlawful interference with possession without regard to the capacity of the possesCivil Matters — Volume 11 · Source page 863
  34. Principle 4393Private ownership. One of the fundamental pillars of society. Expropriation is impermissible except for public benefit and in the cases specified by law, in the manner stipulated therein. Its implication. The administratCivil Matters — Volume 11 · Source page 863
  35. Principle 4394Judgment awarding the auction sale. A means of compulsorily transferring ownership of immovable property from the attachment debtor to the successful bidder. Its effect. No need to serve this judgment in any form. The suCivil Matters — Volume 11 · Source page 863
  36. Principle 4395Expiry of the specified lease term. Its effect. Termination of the lease without need for notice. The tenant’s continued enjoyment without the lessor’s consent. He is considered a usurper. His continued enjoyment with thCivil Matters — Volume 11 · Source page
  37. Principle 4396Tacit renewal or extension of a lease not subject to exceptional legislation. The legislature distinguished between them. Its implication. The tenant continuing to enjoy the leased property with the landlord's knowledge Civil Matters — Volume 11 · Source page
  38. Principle 4398Fruits belong to the owner or the person having a right of usufruct over the thing. - Mesne profits are compensation to the owner of usurped real property for the fruits of which he was deprived. The obligation of the peCivil Matters — Volume 11 · Source page
  39. Principle 4399Usurpation is the absence of a basis for possession. Possession is not deemed such unless it is devoid of a legal basis. Residence by mere tolerance confers no right, however long its duration. Assessment of the intent bCivil Matters — Volume 11 · Source page
  40. Principle 4400An easement is a burden on an immovable property for the benefit of another immovable property owned by someone other than the owner of the first property, and it limits the utility of the dominant property for the benefCivil Matters — Volume 11 · Source page
  41. Principle 4401The intention to acquire ownership of land or revive it under the Mejelle of Judicial Rules. What does not establish it. Digging a well and building a mosque for the sake of God - 865 - Ownership - Almighty. The utmost tCivil Matters — Volume 11 · Source page
  42. Principle 4402Possession under the Majalla of Judicial Rules is not considered a ground for acquiring ownership by prescription. The reason for this. Its continuation for 15 years peacefully and openly with the intention of ownership.Civil Matters — Volume 11 · Source page
  43. Principle 4403Possession of real property for 15 years, peacefully, openly and with the intention of ownership, constitutes, under the system of barring the hearing of actions, a Sharia and legal presumption that the possessor is its Civil Matters — Volume 11 · Source page
  44. Principle 4404Although ownership is not extinguished by abandonment, the defense that an action concerning it may not be heard applies whenever its owner leaves it unpursued for 15 lunar years despite the existence of grounds for it. Civil Matters — Volume 11 · Source page
  45. Principle 4405The plea barring the hearing of an action by reason of the passage of time. It applies to an ownership action where the owner has left it for fifteen years while grounds for it exist, consisting of another's possession oCivil Matters — Volume 11 · Source page
  46. Principle 4406Possession while the Majalla of Judicial Provisions was in force. When it constitutes a presumption of ownership under Sharia and law. The appellant's possession of the property for 7 years does not complete the prescribCivil Matters — Volume 11 · Source page
  47. Principle 4408Ownership of the thing sold. Pursuant to the provisions of the Majalla of Judicial Rules. Its transfer by the mere conclusion of the contract. State property:Civil Matters — Volume 11 · Source page
  48. Principle 4409Property of the State or public legal persons. It becomes public property merely by its actual allocation to public benefit. Property of individuals. It does not acquire the character of public property merely by such alCivil Matters — Volume 11 · Source page
  49. Principle 4410A ruling prohibiting the defendant from interfering with the State in respect of the disputed land, based on treating it as property owned by the State merely because it was actually allocated to public use. Its failure Civil Matters — Volume 11 · Source page
  50. Principle 4411State-owned industrial plots. Their subjection to the provisions of private law. They are not regarded as public property. Reason therefor.Civil Matters — Volume 11 · Source page
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