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Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. Principle 1Determining the existence or absence of agency. A question of fact within the exclusive province of the trial judge. The condition thereof.Pleadings — Part Three · Source page 7
  2. Principle 3Inferring agency from the documents submitted in the action and the presumptions. Within the authority of the court determining the merits.Pleadings — Part Three · Source page 7
  3. Principle 4An agent may contract with himself in the principal's name within the scope of dispositions requiring registration. The condition for this.Pleadings — Part Three · Source page 7
  4. Principle 6Ascertaining the extent of the agency. It is determined by reference to the wording of the power of attorney, the circumstances in which it was issued and the circumstances of the action.Pleadings — Part Three · Source page 7
  5. Principle 7Inferring the existence or absence of agency. Within the authority of the court of merits. The condition for this.Pleadings — Part Three · Source page 7
  6. Principle 8Inferring the existence of agency and its limits. Within the authority of the court of merits. The condition therefor.Pleadings — Part Three · Source page 7
  7. Principle 9Nullity of the agent's act for exceeding the limits of the agency. Prescribed for the principal's benefit. Its invocation by the agent. Impermissible. - 7 - Civil ProcedurePleadings — Part Three · Source page 7
  8. Principle 10An agency granted in the interest of the agent or a third party. The principal may not dismiss the agent or restrict his agency without the consent of the person in whose interest the agency was granted.Pleadings — Part Three · Source page 8
  9. Principle 12Inferring agency and its limits. Falls within the assessment of facts that is the exclusive province of the judge of merits. The condition therefor.Pleadings — Part Three · Source page 8
  10. Principle 14Inferring the existence or absence of apparent agency. A question of fact. Independently determined by the court of merits so long as its inference is reasonable.Pleadings — Part Three · Source page 8
  11. Principle 16Investigating the litigants’ standing and determining the extent of the agency’s scope are within the authority of the court of merits. Without review. A matter of fact independently determined by the court of merits.Pleadings — Part Three · Source page 8
  12. Principle 17Agency encompasses all necessary dispositions and acts required for its execution. - Inferring the existence and scope of agency. A matter of fact. Determined independently by the court of fact. The condition therefor.Pleadings — Part Three · Source page 8
  13. Principle 18Assessment of the existence or absence of agency and determination of its scope. Within the authority of the court of fact.Pleadings — Part Three · Source page 8
  14. Principle 19Inferring agency and determining its limits. Within the authority of the court of merits, provided it is reasonable. - 8 - ProcedurePleadings — Part Three · Source page 8
  15. Principle 20Inferring the existence or absence of apparent agency falls within the authority of the court of fact.Pleadings — Part Three · Source page 9
  16. Principle 21Inferring the existence of agency, its scope, and the legal acts it encompasses. A matter of fact independently determined by the judge of merits.Pleadings — Part Three · Source page 9
  17. Principle 22Inferring or negating agency and determining its limits. A factual matter exclusively for the judge of merits.Pleadings — Part Three · Source page 9
  18. Principle 23The existence or absence of agency, understanding the facts of the case, and assessing evidence and documents. Their assessment falls exclusively within the authority of the court of merits.Pleadings — Part Three · Source page 9
  19. Principle 24The effects of a contract concluded by an agent exceeding the limits of the agency accruing to the principal. Its condition. Ratification by the latter. - Inferring the principal's ratification of the agent's act exceediPleadings — Part Three · Source page 9
  20. Principle 25Ascertaining an understanding of the facts and inferring and the agency and its limits. Within the authority of the court determining the merits.Pleadings — Part Three · Source page 9
  21. Principle 26The agent's contracting with a third party in the principal's name within the limits of the agency. The contract takes effect in relation to the principal. Ascertaining the extent of the agency's scope. Within the authorPleadings — Part Three · Source page 9
  22. Principle 27The general rule in an agency, whether general or special, is that the agent's capacity is confined to carrying out the acts specified therein. It includes what its performance requires. The judgment's failure to ascertaPleadings — Part Three · Source page 9
  23. Principle 28Inferring the scope of agency from the wording of the power of attorney. Within the authority of the court of merits. Its condition. - 9 - ProcedurePleadings — Part Three · Source page 9
  24. Principle 30Ascertaining capacity and assessing the existence or absence of agency are matters of fact which the judge of merits determines independently, without review, whenever his inference is reasonable.Pleadings — Part Three · Source page 10
  25. Principle 31Addressing the scope of an agency whose existence has been established constitutes interpretation of its content, which is undertaken by the court of merits. It may not be invoked for the first time before the Court of CPleadings — Part Three · Source page 10
  26. Principle 32The agent's contracting with a third party in the principal's name and within the limits of the agency. The effect thereof. - Ascertaining the extent of the agency and the legal acts it encompasses. Within the authority Pleadings — Part Three · Source page 10
  27. Principle 33Dispositions made by the agent. Their effectiveness against the principal and the extension of their effects to him. Its condition. That they fall within the limits of the agency. - Determining the extent of the agency'sPleadings — Part Three · Source page 10
  28. Principle 34Ascertaining the extent of the agency’s scope. A question of fact for the court of merits. Condition thereof. Its interpretation of the wording of the power of attorney must be one that the wording bears without distortiPleadings — Part Three · Source page 10
  29. Principle 35The agent's sale of the land he was authorised to dispose of. Does not exceed the limits of the agency.Pleadings — Part Three · Source page 10
  30. Principle 36Determining the extent of the agency and the legal acts it encompasses that the principal authorized the agent to perform. Within the authority of the court determining the merits, by reference to the wording of the powePleadings — Part Three · Source page 10
  31. Principle 37Understanding the facts of the action, ascertaining the scope of the agency, and interpreting contracts, instruments, and acknowledgments. Within the authority of the court of merits. The condition for this.Pleadings — Part Three · Source page 11
  32. Principle 38The Social Insurance Institution. The Director-General's authorisation of employees working for it to appear before the courts and plead on its behalf. An agency originating in law. Article 8/1, Law 61 of 1976.Pleadings — Part Three · Source page 11
  33. Principle 39Inferring the existence or absence of agency and determining its limits. A matter of fact for the trial judge, whose findings are not subject to review. The condition for this.Pleadings — Part Three · Source page 11

  34. - محل الوكالة

    Principle 40An agent's concession of a fact alleged by the opposing party before the court, with the intention of exempting that party from proving it, does not constitute an admission unless the agent has been specially authorized Pleadings — Part Three · Source page 11
  35. Principle 41The right of recourse to the courts. Its suitability as the subject matter of an agency contract. A dispute over the validity of the agent's representation of his principal. A dispute over standing governed by a plea of Pleadings — Part Three · Source page 11

  36. ارتباط شكل الوكالة بالتصرف القانوني محلها

    Principle 42The subject matter of agency. Its nature. A legal transaction that may entail the performance of material acts regarded as ancillary to it and does not constitute an obligation for a sum of money. The implication of thisPleadings — Part Three · Source page 11
  37. Principle 43The former Commercial Law 2 of 1961. Does not permit the agent to obtain any compensation unless dismissed at an inappropriate time and without an acceptable excuse, even if that excuse relates to the principal and the aPleadings — Part Three · Source page 12
  38. Principle 44The memorandum of association of a joint-stock company and the powers of attorney issued by the founders to those authorized by them to draw up and sign the memorandum must be drawn up in an official instrument. Failure Pleadings — Part Three · Source page 12
  39. Principle 45Both the memorandum of incorporation of a joint-stock company and its articles of association must be drawn up in an authentic instrument. Failure to observe this. Its effect: nullity. An example. - The agency must satisPleadings — Part Three · Source page 12
  40. Principle 46The memorandum of incorporation and articles of association of a joint-stock company must be drawn up in an official instrument. If the founders authorise others to conclude the company’s contract. It is necessary that tPleadings — Part Three · Source page 12
  41. Principle 47The contract of a limited liability company. Authentic form is an essential element thereof, of a contract whereby any partner assigns his share therein, and of a power of attorney issued to another to draw it up. ContraPleadings — Part Three · Source page 12
  42. Principle 48The formation of a limited liability company or any amendment thereto. It must be embodied in an official instrument. The reason for this: it is a matter of public policy. Contravention of this. Non-existence of the contPleadings — Part Three · Source page 13
  43. Principle 49Formation of a limited liability company or any amendment thereto. The requirement that it be embodied in an official instrument. The reason therefor: it is a matter of public order. Contravention thereof. Non-existence Pleadings — Part Three · Source page 13

  44. - تفسير عقد الوكالة

    Principle 50The lawyer's fault in enforcement acts undertaken for his client. He may not be held liable for them by the person against whom enforcement is pursued, since they are undertaken for the principal's account within the prePleadings — Part Three · Source page 13
  45. Principle 51An admission, as an act of disposition, is not binding evidence against the person making it unless made by him personally, by an agent specially authorised, or by the latter in the principal’s presence in court without Pleadings — Part Three · Source page 13
  46. Principle 52Interpretation of the agency contract is determined by reference to the wording of the power of attorney itself and the circumstances in which it was issued, and falls within the authority of the court of merits. The conPleadings — Part Three · Source page 14

  47. آثارها بالنسبة للوكيل – التزامات الوكيل

    Principle 53Agency encompasses all necessary transactions and acts required for its performance, guided in this by the intention of the contracting parties, the nature of the transaction and prevailing custom. - Effects of agency:- Pleadings — Part Three · Source page 14
  48. Principle 54A contract concluded by an agent exceeding the limits of his agency. Voidable solely in the principal's interest. The reason therefor.Pleadings — Part Three · Source page 14
  49. Principle 55The agent's act. Effective against the principal as though it had issued directly from him. Its effect.Pleadings — Part Three · Source page 14
  50. Principle 56An agent may conclude the contract which the agency authorizes him to execute in his capacity as principal, and its effects accrue to the principal and the person with whom the agent contracted.Pleadings — Part Three · Source page 14
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