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. التعويض عن الضرر الأدبي

    Principle 370Assessment of compensation. A matter of merits. Its limit. Example of assessing compensation for bodily injury, material and moral damage, and lawyers’ fees. - 79 - ObligationCivil Matters — Volume 11 · Source page ٧٩
  2. Principle 371Compensation for moral damage is permissible in all its manifestations. Its assessment. A matter for the court of merits according to what the court considers appropriate to make good the damage. The condition thereof. DCivil Matters — Volume 11 · Source page ٨٠
  3. Principle 372Assessment of compensation for moral damage. What suffices in this regard. Consoling the injured party and restoring their standing without exaggeration or excess in assessment and as the judge deems appropriate to the cCivil Matters — Volume 11 · Source page ٨٠
  4. Principle 374Compensation for moral damage. It is sufficient that its amount consoles the injured party and ensures restoration of his standing, as the judge considers appropriate in this regard. Its assessment is not defective for bCivil Matters — Volume 11 · Source page ٨٠
  5. Principle 375Assessment of compensation for moral damage. What suffices in this regard. Consoling the injured party and restoring that party's standing without exaggeration or excess in assessment and as the judge considers appropriaCivil Matters — Volume 11 · Source page ٨٠
  6. Principle 377Compensation for moral damage. It suffices that its amount consoles the injured party and ensures restoration of that party's standing, as the judge considers appropriate in this respect. Its assessment is not defective Civil Matters — Volume 11 · Source page ٨٠
  7. Principle 378Compensation for moral damage. The absence of a criterion exhaustively defining its cases. Its breadth encompassing its various manifestations. Its inclusion of every injury caused by fault that harms a person’s honour aCivil Matters — Volume 11 · Source page ٨١
  8. Principle 379The injured party’s entitlement to diyah and hukumat ‘adl compensation does not preclude compensation for the material and moral damage he sustained as a result of the injury. This is not considered an award of compensatCivil Matters — Volume 11 · Source page ٨١
  9. Principle 380Determining whether damage is established or negated. A factual matter independently determined by the trial judge, provided the determination is reasonable. - Assessing damage and determining compensation that makes gooCivil Matters — Volume 11 · Source page ٨١
  10. Principle 382The mental pain and anguish suffered by the detainee's family during his detention by the State of Iraq without knowledge of his fate. Among the damage resulting from his death once established. The United Nations CompenCivil Matters — Volume 11 · Source page ٨١
  11. Principle 383Assessment of compensation where no provision requires particular criteria to be followed. Within the authority of the trial court. Condition thereof. - Assessment of compensation for moral damage. What suffices in this Civil Matters — Volume 11 · Source page ٨٢

  12. أثر خطأ المضرور في تقدير التعويض

    Principle 384Assessment of compensation for moral damage. A matter of merits. - 82 - Obligation The effect of the injured party's fault on the assessment of compensation:Civil Matters — Volume 11 · Source page ٨٢
  13. Principle 385The injured party’s participation in causing or increasing the damage. Its effect. The amount of compensation may be reduced or he may be deprived thereof.Civil Matters — Volume 11 · Source page ٨٣
  14. Principle 386The creditor's contributing, through his fault, to causing or increasing the damage. Its effect. The judge may reduce the compensation or award no compensation whatsoever.Civil Matters — Volume 11 · Source page ٨٣
  15. Principle 387Establishment that the injured party's own act was the sole cause of the damage. Its effect. Severance of causation between the act of the liable person and the occurrence of the damage, so that the person is not obligedCivil Matters — Volume 11 · Source page ٨٣
  16. Principle 388Concurrent faults, each proportionate to its degree of gravity in causing the damage. The effect thereof. Apportionment of liability in proportion to the gravity of each. This does not apply to diyah. The reason thereforCivil Matters — Volume 11 · Source page ٨٣
  17. Principle 389The contracting party’s contribution to the delay in performance and the absence of damage resulting from it. There is no basis for awarding agreed compensation, as its justification is absent.Civil Matters — Volume 11 · Source page ٨٣
  18. Principle 390The injured party’s contribution, through his fault, to causing the damage. Its effect. The court may refrain from awarding any compensation.Civil Matters — Volume 11 · Source page ٨٣
  19. Principle 391The injured party's contribution through his fault to causing the damage. Its effect. The court may refuse to award him compensation.Civil Matters — Volume 11 · Source page ٨٣
  20. Principle 392The injured party's fault that contributed to the occurrence of the harm he suffered. Its effect. Reduction of compensation in proportion to that fault. - 83 - ObligationCivil Matters — Volume 11 · Source page ٨٣
  21. Principle 395The injured party's contribution to fault together with the perpetrator of the accident, without subsuming the latter's fault. Its effect. It does not preclude the perpetrator's liability for compensation redressing the Civil Matters — Volume 11 · Source page ٨٤
  22. Principle 396The judgment's consideration, when assessing compensation, of the victim's contributory fault. No defect.Civil Matters — Volume 11 · Source page ٨٤
  23. Principle 397The contribution of the defendant's fault in a liability action, together with the injured party's own fault, to causing the harm, without either subsuming the other. Its effect. The defendant incurs liability to an exteCivil Matters — Volume 11 · Source page ٨٤
  24. Principle 398The injured party’s contribution, through his fault, to causing or increasing the damage, or his having worsened the debtor’s position, while the provisions of Law 6 of 1961 were in force. The judge may reduce compensatiCivil Matters — Volume 11 · Source page ٨٤
  25. Principle 399The injured party's contribution through his fault to causing the damage, or the negation thereof. A question of fact within the exclusive discretion of the court of merits. The condition for this.Civil Matters — Volume 11 · Source page ٨٤
  26. Principle 400The judgment’s conclusion that the injured party’s contribution to the damage for which compensation is sought has not been established. Challenging it for contradicting what is established in the papers and for inadequaCivil Matters — Volume 11 · Source page ٨٤
  27. Principle 401Allowing competing companies to display their products in the association's central market in violation of the investment contract binding the respondent and the appellant, which was declared void. The appellant's claim Civil Matters — Volume 11 · Source page ٨٥

  28. الريع كتعويض

    Principle 402The liability of an accomplice by incitement and assistance for the fault that occasioned the alleged harm. Its prerequisite. That such fault was committed by its perpetrator—the principal actor—as a result of that incitCivil Matters — Volume 11 · Source page ٨٥
  29. Principle 403Assessment of one co-owner's exclusive possession of all or part of the jointly owned property, and assessment of the yield due as compensation, fall within the trial court's authority.Civil Matters — Volume 11 · Source page ٨٥
  30. Principle 404Yield. Its nature. The obligation of the person who committed usurpation to pay it. Its implication. The co-owner in undivided ownership has the right of recourse against his co-owner who usurped the portion allotted to Civil Matters — Volume 11 · Source page ٨٥
  31. Principle 405An action claiming yield for usurpation. Its lapse after fifteen years. This is not altered by the disputed property being unproductive.Civil Matters — Volume 11 · Source page ٨٦
  32. Principle 406Fruits produced by jointly owned property during the subsistence of co-ownership are the right of all co-owners in proportion to each one's share. A co-owner in undivided property may recover the yield of his share from Civil Matters — Volume 11 · Source page ٨٦
  33. Principle 407An action claiming yield for usurpation. It becomes time-barred upon the lapse of fifteen years. The three-year limitation period provided for in Article 253 Civil Code does not apply to it. Its effect. A claim for compeCivil Matters — Volume 11 · Source page ٨٦
  34. Principle 408The principle is that fruits belong to the owner or the person having the right to usufruct of the thing. The exception. The good-faith possessor's right to the fruits he receives and the benefit he obtains. The possessoCivil Matters — Volume 11 · Source page ٨٦
  35. Principle 409One co-owner’s exclusive possession of all or some parts of the commonly owned property and the yield due to those deprived of the fruits of their shares. Its assessment. A matter of fact. The court may adopt the expert’Civil Matters — Volume 11 · Source page ٨٦
  36. Principle 411Yield owed by a possessor in bad faith. An action for it shall not be heard, upon denial, after fifteen years. - Yield. Its nature: compensation for usurpation which deprived the owner of the property of its fruits.Civil Matters — Volume 11 · Source page ٨٧
  37. Principle 412Establishment of the possibility of partitioning the property's enjoyment, taking account of the allocation of units leased to third parties and without affecting the yield from which the debt encumbering the property isCivil Matters — Volume 11 · Source page ٨٧
  38. Principle 413The Circuit for Disputes over Forward Share Transactions. Its jurisdiction. Articles 1, 2, 6 of Decree-Law 57 of 1982 and 1, 2 of Law 42 of 1988. Actions concerning transactions that do not fall within forward share tranCivil Matters — Volume 11 · Source page ٨٧
  39. Principle 415Fruits belong to the owner or the person having the right of usufruct over the thing. - Yield is compensation to the owner of usurped real estate for the fruits of which he was deprived. The obligation of the perpetratorCivil Matters — Volume 11 · Source page ٨٧
  40. Principle 416Assessment of the yield due to the owner or usufructuary. A matter of fact. The court may, in forming its conviction, adopt the expert's report. Condition thereof.Civil Matters — Volume 11 · Source page ٨٨

  41. - ماهية الدية ومناطها

    Principle 417A co-owner in undivided ownership has the right to claim the yield of his share in the jointly owned property while undivided ownership subsists, against any co-owner proved to have benefited from that share and in propoCivil Matters — Volume 11 · Source page ٨٨
  42. Principle 418Diya within the meaning of the law of tort. Civil compensation for the damage consisting of the injury itself. Its inclusion within the liability of the perpetrator of the act and the insurance company providing coverageCivil Matters — Volume 11 · Source page ٨٨
  43. Principle 419Sharia diyah is compensation for loss of life, forms part of the deceased's property, and is considered an estate. His heirs may recover it from the insurer even if one of the heirs is the insured.Civil Matters — Volume 11 · Source page ٨٨
  44. Principle 420The burden of damage falls upon its direct perpetrator in accordance with the provisions of Islamic law and the contents of the diyah schedule.Civil Matters — Volume 11 · Source page ٨٨
  45. Principle 422Establishing liability for diya is based not on the direct actor’s fault but merely on the damage. - 88 - ObligationCivil Matters — Volume 11 · Source page ٨٨
  46. Principle 423Diyah. Its nature. Entitlement to it upon the occurrence of personal injury. Compensation therefor is a lump sum determined in advance according to the diyah schedule and is called diyah or arsh according to its designatCivil Matters — Volume 11 · Source page ٨٩
  47. Principle 425Liability for bodily injury requiring diya. Its financial burden falls on the direct actor even if he did not act intentionally or transgress.Civil Matters — Volume 11 · Source page ٨٩
  48. Principle 426Liability for diya for bodily harm. The prerequisite for its establishment. The occurrence of damage, not fault.Civil Matters — Volume 11 · Source page ٨٩
  49. Principle 427The provisions of the Civil Code contained in the chapter on personal injury. Their purpose is to safeguard shed blood so that no blood goes uncompensated in Islam. - The direct actor is liable even if he neither intendeCivil Matters — Volume 11 · Source page ٨٩
  50. Principle 428The direct actor’s liability for bodily harm. Its implication. The sanction is confined to diya alone. - An action for liability for bodily harm. A subsidiary action assisting the injured person where the provisions goveCivil Matters — Volume 11 · Source page
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