Cassation principles Pleadings — Part Two
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,806 available principles
Search this collection- تسجيل التصرفات المنشئة والأحكام النهائية
Principle 507An unregistered contract of sale concluded under the Real Estate Registration Law does not transfer ownership of the sold property to the purchaser. The basis thereof.Pleadings — Part Two · Source page ١٠٢- Principle 508The validity of a gift depends upon the donor owning the gifted property. An action for the validity and enforceability of a gift contract. The condition for its admissibility. The possibility of transferring ownership aPleadings — Part Two · Source page ١٠٢
- Principle 509The Real Estate Registration Law did not change the nature of the sale contract. Its effect is confined to deferring transfer of ownership of the property sold until after registration.Pleadings — Part Two · Source page ١٠٢
- تسجيل الحقوق العينية العقارية التبعية والأحكام النهائية المثبتة لذلك
Principle 512Ownership of small vessels passes from seller to purchaser by the contract alone. It is not dependent on registration of the contract. - Registration of small vessels is not an obligation of their seller. - 102 - Civil PPleadings — Part Two · Source page ١٠٢- تسجيل صحف الدعاوى
Principle 513Dispositions creating or declaring any accessory real-property right, and final judgments establishing any such matter. They must be registered by entry. Manner thereof. Articles 9 and 18 of Decree 5 of 1959 concerning tPleadings — Part Two · Source page ١٠٣- Principle 514Actions brought under the provisions of Law No. 18 of 1969 and Law No. 5 of 1975, as amended. The condition for their admissibility. They must be brought and registered within one year of the date on which Law No. 33 of Pleadings — Part Two · Source page ١٠٣
- Principle 515Registration of statements of claim submitted to suspend instruments requiring registration or entry for the purpose of challenging their contents. Its effect: the plaintiff's right, if established by an annotated judgmePleadings — Part Two · Source page ١٠٣
- تسجيل طلب الاستفادة من نظام الرعاية السكنية
Principle 516The procedural conditions concerning registration of the statement of claim and publication of its summary do not apply retroactively to actions brought before Law 33 of 2000 came into force. Application of the substantiPleadings — Part Two · Source page ١٠٣- الدعاوى المتعلقة بوكالة العقود وعقد التوزيع – مدى اشتراط التسجيل فيها
Principle 517Conditions and rules that must be satisfied by a person benefiting from the housing welfare system. What they are. - 103 - Civil Procedure. Priority of registration of applications according to the type of welfare, and tPleadings — Part Two · Source page ١٠٣- Principle 518The memorandum of association and articles of association of joint-stock companies and the power of attorney issued by the founders to others must be drawn up in an official instrument. Failure to do so. Its consequence:Pleadings — Part Two · Source page ١٠٤
- Principle 519Law 36 of 1964 concerning the regulation of commercial agencies. Its inclusion of the general provisions governing those agencies. Effect thereof. Application of the rule that no unregistered agency shall be recognized aPleadings — Part Two · Source page ١٠٤
- Principle 520A distribution contract. It need not be proved in writing. The reason therefor. - The agreement that the first respondent undertake distribution of the products of the company that is its principal, and the automatic renPleadings — Part Two · Source page ١٠٤
- Principle 521The legislature’s regulation of contract agency in the Commercial Law in a manner differing from the general provisions on commercial agencies contained in Law 36 of 1964. Its effect. Proof thereof in writing suffices, wPleadings — Part Two · Source page ١٠٥
- Principle 522Unregistered commercial agency. No action concerning it shall be heard. Law 36 of 1964 concerning the regulation of commercial agencies. - Contract agency. Its nature: a contract whereby a person undertakes, on a continuPleadings — Part Two · Source page ١٠٥
- تسجيل الحكم بصحة ونفاذ عقد البيع
Principle 523The defense that the action may not be heard because the disputed distribution contract was not registered. A defense relating to procedure, not to the substantive right. The challenged judgment's confining itself to uphPleadings — Part Two · Source page ١٠٥- Principle 525Transfer of ownership of immovable property. Its deferral until registration has taken place and with effect from its date. Its effect. Registration is decisive. Its import. Priority of the registered contract over the ePleadings — Part Two · Source page ١٠٥
- Principle 526An 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 Pleadings — Part Two · Source page ١٠٦
- التظلم من القرارات الصادرة بشأن التسجيل العقاري
Principle 527An action for the validity and enforceability of a sale. Its nature. An action ultimately for title, intended to enforce the seller's obligations that would transfer ownership of the thing sold to the purchaser and to obPleadings — Part Two · Source page ١٠٦- Principle 528Investment companies being subject to Central Bank supervision. Its import. Prohibiting them from carrying on their activities before registration in its register of companies. It may strike them off in specified circumsPleadings — Part Two · Source page ١٠٦
- تسجيل العلامات التجارية
Principle 529Decisions issued concerning real estate registration by endorsing the application with a requirement to complete a particular statement for which the applicant sees no justification, or determining that the application’sPleadings — Part Two · Source page ١٠٦- Principle 530The Trademark Registry Department. It must suspend applications to register the same trademark or closely resembling or similar trademarks for one category of products if more than one person applies to register them at Pleadings — Part Two · Source page ١٠٧
- Principle 531A decision refusing registration of a trademark or making it conditional. Challenging it before the Court of First Instance within thirty days from the date on which the applicant for registration is notified thereof. ArPleadings — Part Two · Source page ١٠٧
- Principle 532A sole proprietorship. It is not a legal person with a separate patrimony, but rather forms part of its owner's patrimony. Its implication: registration of a trademark in its name is merely registration in its owner's naPleadings — Part Two · Source page ١٠٧
- التسجيل وفقاً لأحكام قانون التأمينات الاجتماعية
Principle 533Registration of a trademark. A rebuttable presumption of ownership of the mark. The consequence thereof. The burden of proving its ownership falls upon whoever disputes the registrant’s ownership of it. - Registration puPleadings — Part Two · Source page ١٠٧- تسجيل طلب الحجز على العقار
Principle 534Registration pursuant to the provisions of Parts 3 and 5 of the Social Insurance Law is undertaken by the Public Institution for Social Security in accordance with the provisions and conditions of that Law. The InstitutiPleadings — Part Two · Source page ١٠٧- انتقال ملكية السفن الصغيرة بمجرد العقد لا على التسجيل
Principle 535Deeming the real property for which the creditor submits an attachment application to be attached. Its condition. That the creditor submit the attachment application and an enforcement officer proceed to the Real Estate Pleadings — Part Two · Source page ١٠٨الترجمة
Principle 537Documents drawn up in a foreign language. The requirement for their official translation into Arabic. Its prerequisite. The existence of a dispute concerning their unofficial translation.Pleadings — Part Two · Source page ١٠٨- Principle 538Submission by a litigant of an instrument in a foreign language. It must be accompanied by an official translation or an unofficial translation to which his opponent does not object. If he objects to it, the court shall Pleadings — Part Two · Source page ١٠٨
- Principle 539The general rule is to accept unofficial translations of documents. A party's dispute thereof requires that the translation be official.Pleadings — Part Two · Source page ١٠٩
التصديق
Principle 541Invoking grounds unrelated to public policy for the first time before the Court of Cassation. Impermissible. Example concerning the contention that the official translation does not correspond to what actually appears inPleadings — Part Two · Source page ١٠٩- Principle 542Failure by the judge to ratify the settlement record does not prevent it from being regarded as an instrument upon which judgment may validly be rendered. - Interpretation of the contract to ascertain the true intention Pleadings — Part Two · Source page ١٠٩
- Principle 543Authentication of the signatures of interested parties on private instruments. Entrusted exclusively to the Notarization Office at the Ministry of Justice. The committee of experts’ refusal to record the appearance of a Pleadings — Part Two · Source page ١٠٩
- Principle 544Official document. Meaning of public official in relation to drawing up commercial company contracts. - 109 - Procedure - Official instrument and private instrument. Nature of each. - Instruments on which the notary authPleadings — Part Two · Source page ١٠٩
- Principle 545A debtor referred to the Transactions Settlement Institution. Must submit to it, within thirty days from publication of the decision referring him, a statement of the names of his creditors and debtors, and the InstitutiPleadings — Part Two · Source page ١١٠
- Principle 546Composition to prevent the bankruptcy of customers whose debts were purchased pursuant to Law 41 of 1993. Its condition. Submission of an application therefor by the customer, as debtor or guarantor, or by the Public InvPleadings — Part Two · Source page ١١٠
- Principle 547Decisions issued by the Municipal Council. The Council of Ministers may object to them within 2 weeks from the date of their issuance and resubmit the decision to the Municipal Council. Approval of the decision by a majoPleadings — Part Two · Source page ١١٠
تعداد
Principle 548An official instrument. Its nature. - Instruments on which the notary authenticates the signatures of the persons concerned. Private instruments. The reason for this. Mere authentication of signatures does not confer offPleadings — Part Two · Source page ١١١إحصاء
Principle 549General population and housing census data. Their purpose: statistical objectives for unifying, coordinating and analysing information. Such data may not be relied upon to impose any financial burden, or taken as evidencPleadings — Part Two · Source page ١١١الاعتراض على القرارات
Principle 550General population and housing census data. Their intended purpose: statistical objectives for standardising, coordinating, and analysing information. Such data may not be relied upon to impose any financial burden, or uPleadings — Part Two · Source page ١١١- Principle 551Resolutions issued by the Municipal Council. The Council of Ministers may object to them within two weeks from the date of their issuance and resubmit the resolution to the Municipal Council. Approval of the resolution bPleadings — Part Two · Source page ١١٢
إعذار المدين
Principle 552Fees assessed on vacant land under Law 50 of 1994. A grievance against them may be lodged with the Ministry of Finance subject to the conditions specified in the Executive Regulations of that Law. Objection is not confinPleadings — Part Two · Source page ١١٢- Principle 553Formal notice to the debtor to perform his obligation. Not a matter of public policy. Consequence thereof. It is permissible to agree expressly or implicitly to dispense with it or amend its period by accepting a longer Pleadings — Part Two · Source page ١١٢
- Principle 554Entitlement to compensation for non-performance of an obligation or delay in its performance. The condition that the creditor formally notify the debtor of the existence of performance of his obligation.Pleadings — Part Two · Source page ١١٢
- Principle 555Breach by one contracting party of its obligation under a contract binding on both parties. Effect thereof. The other contracting party’s right to seek judicial rescission. - Bringing an action seeking rescission. Its inPleadings — Part Two · Source page ١١٢
- Principle 556The debtor's failure to perform his obligation. Its effect. The creditor's right to obtain judicial authorization to perform it at - 112 - Civil Procedure the debtor's expense. - The contractor's performance of his obligPleadings — Part Two · Source page ١١٢
- Principle 557A lease falling outside the provisions of Law 35/1978. Consequence thereof. The Civil Code applies thereto. - A fixed-term contract expires upon expiry of its term unless its extension is agreed upon. - Notice to vacate Pleadings — Part Two · Source page ١١٣
- Principle 558Formal notice. Its nature. Article 98, Civil Code. Failure to embody the notice terminating the contract in an official document, contrary to what its parties agreed. Its effect.Pleadings — Part Two · Source page ١١٣
- Principle 559Exemption from the creditor’s giving formal notice to the debtor. Its case and conditions. Example of exemption therefrom in the case of an unlawful act.Pleadings — Part Two · Source page ١١٣
- Principle 560Delivery transferring the risk of loss of the thing sold to the purchaser occurs only by placing the thing sold at his disposal and after formally notifying him to take delivery. Formal notification shall be by official Pleadings — Part Two · Source page ١١٣
- Principle 561A contract binding on both parties. Failure of one contracting party to perform his obligation. Its effect. The other contracting party may seek its rescission after serving formal notice on him. - An action seeking rescPleadings — Part Two · Source page ١١٣