المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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

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  1. - الدعوى الفرعية

    Principle 2387Issuance of a judgment declaring bankruptcy. Its effect. Article 597 of the Commercial Code. - Secured creditors holding pledges or mortgages and holders of special preferential rights may bring or continue actions againPleadings — Part Two · Source page ٤٤٨

  2. - الدعوى المباشرة

    Principle 2388The incidental action. Its connection with the original action. It survives as long as the latter survives and ceases when the latter ceases. A judgment in the original action that the court lacks jurisdiction to hear itPleadings — Part Two · Source page ٤٤٨
  3. Principle 2389Insurance against civil liability for motor vehicle accidents is compulsory for the benefit of third parties who suffer injury to their person or property, and confers on the injured party an independent right recoverablPleadings — Part Two · Source page ٤٤٩
  4. Principle 2390The general rule is the absence of a direct relationship between the employer and the subcontractor. The latter may claim from the employer, by an indirect action, what the employer owes the main contractor. The exceptioPleadings — Part Two · Source page ٤٤٩
  5. Principle 2392A person contracting on his own behalf assuming specified obligations which he undertakes to perform for a third party. Permissible. That person may be individually unidentified at the time of the stipulation, provided tPleadings — Part Two · Source page ٤٤٩
  6. Principle 2393The subcontractor has a direct action against the employer for what is due to him from the principal contractor. The condition therefor. That the employer owes a debt to the principal contractor arising from the contractPleadings — Part Two · Source page ٤٥٠
  7. Principle 2394The direct action and preferential right established for the subcontractor against the main contractor. Their limits: what is due to the main contractor from the employer. Condition thereof: the employer must owe a debt Pleadings — Part Two · Source page ٤٥٠
  8. Principle 2395Specifying the condition concerning speed, driving against the direction of traffic, and passing a traffic light, so as to authorize the insurer to have recourse against the insured. Their being regarded as reasonable coPleadings — Part Two · Source page ٤٥٠
  9. Principle 2396The subcontractor's direct action against the employer to claim what is due to him from the main contractor. Its limits.Pleadings — Part Two · Source page ٤٥٠
  10. Principle 2397The creditor may claim the entire debt from any of the debtors where the sources of the obligation are multiple. Basis and implication thereof. - The subcontractor and workers working for the principal contractor in carrPleadings — Part Two · Source page ٤٥٠
  11. Principle 2398A subcontractor's recourse against the employer. Its condition. That the employer be indebted to the main contractor under the original contract for works at the time the subcontractor brings the direct action against hiPleadings — Part Two · Source page ٤٥٠
  12. Principle 2399The subcontractor's workers have the right to bring a direct claim against the main contractor for what is owed to them by the subcontractor. The condition for this: that the main contractor owes a debt to the subcontracPleadings — Part Two · Source page ٤٥١
  13. Principle 2400The injured party’s direct action against the insurer. Its subjection to the three-year limitation period. The basis for this. Commencement of its period. From the time the unlawful act occurs. The general rules concerniPleadings — Part Two · Source page ٤٥١
  14. Principle 2401A stipulation for the benefit of a third party. What it permits a person when contracting on his own behalf and what follows therefrom. - The beneficiary of a contract containing a stipulation. He may be a future person Pleadings — Part Two · Source page ٤٥١
  15. Principle 2402Absence of a direct relationship between the employer and the subcontractor. The reason. The effect thereof. The latter's indirect action against the former. The exception: the direct action and preferential right. TheirPleadings — Part Two · Source page ٤٥١
  16. Principle 2403A person contracting on his own behalf may assume obligations which he undertakes to perform for a third party. The effect thereof. The beneficiary of the stipulation may enforce his right by a direct action.Pleadings — Part Two · Source page ٤٥١
  17. Principle 2404Insurance contract. Its nature. It is a contract whereby the insurer undertakes to pay the insured or beneficiary a sum of money, a regular annuity or any other financial consideration upon the occurrence of the accidentPleadings — Part Two · Source page ٤٥١
  18. Principle 2405Stipulation for the benefit of a third party. Its nature. An agreement by a party contracting on his own behalf with the person with whom he contracts that the latter shall assume specific obligations which he undertakesPleadings — Part Two · Source page ٤٥٢
  19. Principle 2406A person injured in motor vehicle accidents. He has a direct action against the insurer. The source of the latter’s obligation differing from the source of the tortfeasor’s obligation, and their convergence in compensatiPleadings — Part Two · Source page ٤٥٢
  20. Principle 2407The subcontractor has a direct action against the employer for what is due to the subcontractor from the principal contractor. Condition thereof. That the employer owe a debt to the principal contractor arising from the Pleadings — Part Two · Source page ٤٥٢
  21. Principle 2408The provisions of the Civil Code. Their failure to include a provision establishing a direct right for the injured party to claim compensation from the insurer. Its implication. The injured party may not have direct recoPleadings — Part Two · Source page ٤٥٢
  22. Principle 2409A person who contracts on his own behalf. He may agree with the person with whom he contracts that the latter assume specified obligations which he undertakes to perform for a third party, who is the recipient of the benPleadings — Part Two · Source page ٤٥٣
  23. Principle 2410A person contracting on his own behalf. He may agree with the other contracting party that the latter shall assume specified obligations which he undertakes to perform for a third party (the beneficiary). The latter may Pleadings — Part Two · Source page ٤٥٣
  24. Principle 2411Successive powers of attorney, each authorizing the agent to appoint another for that with which he himself was entrusted. The effects of the contract concluded by the last of the agents accrue to the original principal.Pleadings — Part Two · Source page ٤٥٣
  25. Principle 2412The original principal’s authorisation of his agent to sell the real estate to himself and to appoint another agent for that purpose. The agency is deemed a remunerated agency and one in the agent’s interest. Inclusion iPleadings — Part Two · Source page ٤٥٣
  26. Principle 2413The employer and the subcontractor. No contractual relationship links them. The effect thereof. The second may claim from the first what the first owes the main contractor by an indirect action. He also has a direct actiPleadings — Part Two · Source page ٤٥٤

  27. - الدعوى غير المباشرة

    Principle 2414The subcontractor’s direct recourse against the employer. It is limited to what the employer owes the main contractor at the time the action is brought. - The second subcontractor. He may have recourse by direct action aPleadings — Part Two · Source page ٤٥٤
  28. Principle 2415A creditor exercising his debtor’s rights. Is regarded as his representative. Effect thereof. - A creditor claiming for himself a right belonging to his debtor. His action must be dismissed.Pleadings — Part Two · Source page ٤٥٤
  29. Principle 2416The general rule is that no direct relationship exists between the employer and the subcontractor. The latter may claim from the employer what the employer owes to the principal contractor by an indirect action. ExceptioPleadings — Part Two · Source page ٤٥٤

  30. - دعوى الصرف

    Principle 2417The subcontractor’s indirect action against the employer to claim what the latter owes to the main contractor. Protecting the subcontractor from competition by the main contractor and his creditors. The means of this proPleadings — Part Two · Source page ٤٥٥
  31. Principle 2418Creation of a commercial instrument. In discharge of a prior obligation, it gives rise to a new obligation. It is the negotiable-instrument obligation alongside the original obligation. The creditor may have recourse agaPleadings — Part Two · Source page ٤٥٥
  32. Principle 2419Creation of a commercial instrument as a means of discharging a prior original obligation. Its effect. An obligation under the instrument arises alongside the original obligation. The creditor has the choice of recourse Pleadings — Part Two · Source page ٤٥٥
  33. Principle 2420Creation of a commercial instrument as a means of payment. Its effect: the existence of an obligation under the instrument alongside the original obligation. Its implication: the creditor has the choice of recourse againPleadings — Part Two · Source page ٤٥٥
  34. Principle 2421Creation of a negotiable instrument as a means of discharging a prior obligation. Its effect. The creation of a new independent obligation, namely the negotiable-instrument obligation, alongside the original obligation. Pleadings — Part Two · Source page ٤٥٥
  35. Principle 2422Creation of a commercial instrument as a means of discharging a prior obligation gives rise to a new obligation, namely the negotiable-instrument obligation, alongside the ordinary obligation. The creditor has the optionPleadings — Part Two · Source page ٤٥٥

  36. - دعوى إثبات الصلح

    Principle 2423Creation of a commercial instrument as a means of discharging a pre-existing obligation. Results in the creation of a new obligation, namely the obligation under the instrument. The implication thereof: the creditor may Pleadings — Part Two · Source page ٤٥٦

  37. - دعوى تذييل الحُكم الأجنبي بالصيغة التنفيذية

    Principle 2424The effect of settlement: resolution of the disputes it covers, final extinction of the claims relinquished by the settling parties, and preclusion of their renewal or of proceeding with the action brought in respect thePleadings — Part Two · Source page ٤٥٦

  38. - دعوى تعيين المحكمين

    Principle 2426The Paulian action. The disposition is challenged therein in terms of its effect on the debtor’s wealth, not in terms of its genuineness. Its purpose: restoring the disputed property to the creditor’s general security soPleadings — Part Two · Source page ٤٥٧

  39. - دعوى الملكية

    Principle 2427A dispute arising from performance of a contract. The jurisdiction of ordinary arbitration to determine it. Its condition. That the parties expressly agree to adopt arbitration as a means of resolving the dispute and thaPleadings — Part Two · Source page ٤٥٧
  40. Principle 2428The provisions of Articles 13 and 14 of Real Estate Registration Law No. 5/1959 are addressed to the authority entrusted with registering instruments. They have no effect on the courts' right to accept any lawful evidencPleadings — Part Two · Source page ٤٥٧
  41. Principle 2429The criterion for distinguishing an ownership action from a possessory action. It is the right protected by each. - 457 - ProcedurePleadings — Part Two · Source page ٤٥٧
  42. Principle 2430State property within and outside the general planning boundary. The general rule prohibits individuals from taking possession thereof. Departures from this rule are exceptions. - The courts’ right, when hearing actions Pleadings — Part Two · Source page ٤٥٨
  43. Principle 2431The addressee of the provision of Article 14 of Law 5/1959. Is the authority entrusted with registration procedures. The courts’ right to rely on any evidence they find convincing when hearing actions to establish ownersPleadings — Part Two · Source page ٤٥٨
  44. Principle 2432Protection of State property inside and outside the planning boundary, and prohibition of taking possession of it with the intention of acquiring ownership, disposing of it, attaching it, possessing it or benefiting fromPleadings — Part Two · Source page
  45. Principle 2433The direction in Law 5/1959 is 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 actions. - Pleadings — Part Two · Source page
  46. Principle 2434An action to invalidate an authenticated real estate title deed is a dispute concerning ownership of the real estate that encompasses examination of the defendant’s defence that he acquired ownership of the real estate tPleadings — Part Two · Source page
  47. Principle 2435State property within and outside the general planning boundary. The general rule prohibits individuals from taking possession of it. What falls outside this rule. An exception. - The provisions in Articles 14,13 of Law Pleadings — Part Two · Source page
  48. Principle 2436Possession of waqf property with the intention of ownership. Its duration. The consequences thereof concerning the hearing of an action brought by the waqf administrator. - Possession by third parties of property belongiPleadings — Part Two · Source page
  49. Principle 2437The plea 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 plea. Reason therefor. - The State may acquire ownership of indPleadings — Part Two · Source page
  50. Principle 2438An action concerning ownership and real property. It shall not be heard if left for fifteen years. - Leaving the property. Its meaning. Leaving it while another usurps it, encroaches upon it and denies its owner's right.Pleadings — Part Two · Source page
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