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
Search this collectionآثارها بالنسبة للوكيل – التزامات الوكيل
Principle 57An agent’s contracting with a third party in the principal’s name and within the limits of the agency. Its effect. The contract takes effect in respect of the principal.Pleadings — Part Three · Source page 14- Principle 58The admission being made by the litigant personally. Not necessary for it to produce its effect. It may be made by an agent provided that the agent holds a special power of attorney authorizing it. - 14 - ProcedurePleadings — Part Three · Source page 14
- Principle 59The agent's contracting with a third party in the principal's name and within the limits of the agency. The rights and obligations arising from the contract accrue to the principal. Article 551 of the former Commercial CPleadings — Part Three · Source page 15
- Principle 60Agency through a nominee. Its nature. The contracting party therein has the choice of recourse against the agent or the principal. When recourse must be against the principal.Pleadings — Part Three · Source page 15
- Principle 62The principal’s failure to disclose his capacity in contracts he concludes with third parties. This does not, in itself, render the agency a sham. The reason for this.Pleadings — Part Three · Source page 15
- Principle 63A bank deposit and a deposit earmarked for a particular task. The nature of each. - When the contract ceases to be a bank deposit regarded as a loan under which the bank owns the money, so that it assumes the position ofPleadings — Part Three · Source page 15
- Principle 64Completion of performance of the agency. Its effect. The agent’s obligation to render an account encompassing all acts of the agency. Its lapse. If the principal exempts him therefrom or the nature of the transaction or Pleadings — Part Three · Source page 15
- Principle 65The agent's obligation to submit a statement of account to his principal. It is not extinguished unless the principal exempts him from it. The burden of proving this exemption rests upon the principal.Pleadings — Part Three · Source page 15
- Principle 66Exempting the agent from rendering an account of his agency. A matter of fact that the court determining the merits independently assesses, provided its assessment is reasonable. - 15 - Civil ProcedurePleadings — Part Three · Source page 15
- Principle 67The lawyer's obligation towards the client. An obligation to perform work in which a degree of care is exercised. The general rule concerning that care. - The lawyer's contractual liability towards the client. Arises thrPleadings — Part Three · Source page 16
- Principle 68A remunerated agent. He must exercise ordinary care in safeguarding his principal's interests. The effect thereof: he is liable for his default caused by his act or mere negligence. Assessment thereof. A matter of fact. Pleadings — Part Three · Source page 16
- Principle 69The agent’s performance of the agency. Its implication: the agent must submit a detailed account to the principal and is not exempted from this unless the principal expressly exempts the agent or the nature of the transaPleadings — Part Three · Source page 16
- Principle 70The agent's completion of the performance of the agency. Its effect. He must submit a detailed account to the principal covering all its acts. This obligation lapses upon exemption by the principal or where the nature ofPleadings — Part Three · Source page 16
- Principle 71Agency, general or special. The rule is that it confers standing on the agent only to undertake the matters specified therein. The agent’s obligation to submit a detailed account of all its acts, supported by documents. Pleadings — Part Three · Source page 16
- Principle 72The manager of a simple limited partnership. Liable towards the company for errors committed in management, even if minor. The manager's liability towards the company is contractual and towards third parties is tortious.Pleadings — Part Three · Source page 17
- Principle 73Completion by the agent—or representative—of performance of the agency or representation. Its effect. He must render a detailed account to the principal, supported by documents. This obligation is extinguished only if thPleadings — Part Three · Source page 17
- Principle 74The agent’s obligation to perform the agency within its prescribed limits. The agent’s conclusion of a contract outside the limits of the agency in the principal’s name. The rights and obligations arising therefrom do noPleadings — Part Three · Source page 17
- Principle 75Establishment that the source of one party's liability is personal fault in selecting his substitute and his negligence in performing the agency, and that the source of the second party's liability is the direct action. Pleadings — Part Three · Source page 17
- Principle 76The agency contract. The principal's authorisation of the agent to appoint a substitute without specifying his identity. The agent is liable only for his fault in selecting his substitute, his fault in the instructions hPleadings — Part Three · Source page 18
- Principle 77The agent is obliged to perform what he has undertaken in good faith. His breach of this duty. His intention must be frustrated. His appropriating for himself something he was authorised to do for his principal's accountPleadings — Part Three · Source page 18
- Principle 78The agent's obligation to render an account of the acts of the agency. It does not cease unless the principal clearly and unequivocally exempts the agent from it, or the nature of the transaction or the circumstances so Pleadings — Part Three · Source page 18
- آثارها بالنسبة للموكل أو الأصيل
Principle 79The agent’s contracting with a third party in the principal’s name and within the bounds of the agency. Its effect. The contract takes effect in respect of the principal as if concluded by him, so that he directly acquirPleadings — Part Three · Source page 18- Principle 80The agent's contracting with a third party in the principal's name within the limits of the agency. The transaction takes effect in relation to the principal. Determining the extent of the agency's scope is within the auPleadings — Part Three · Source page 19
- Principle 81The agent’s contracting within the limits of the agency. Its effect. The effects of the contract accrue directly to the principal. His contracting outside the limits of the agency. The contract’s effectiveness against thPleadings — Part Three · Source page 19
- Principle 82Expenses incurred by the agent in performing the agency. The principal's obligation to reimburse them to the agent.Pleadings — Part Three · Source page 19
- Principle 84The sums necessary to meet expenditure on performance of the agency. The principal's obligation to provide them to his agent unless otherwise agreed. - Interpretation of contracts and instruments to ascertain the intentiPleadings — Part Three · Source page 19
- Principle 85The appellant’s female lawyer stating before the appellate court that he does not object to the respondent seeing his mother at any time, pursuant to an official power of attorney permitting acceptance of judgments and aPleadings — Part Three · Source page 19
- Principle 86Legal acts undertaken by the agent before the principal's death within the limits of the agency. They remain subsisting and productive of their effects, so that the principal acquires all rights arising therefrom and beaPleadings — Part Three · Source page 19
- Principle 87The agent's contracting with a third party in the principal's name. Its effect. The contract is regarded as having emanated from the principal, who acquires the rights arising from it and bears the obligations resulting Pleadings — Part Three · Source page 20
- Principle 88A transaction concluded by an agent. Its effects accrue to the principal. Its prerequisite: concluding a legal transaction for the principal's account. His receipt of money for delivery to his principal. He is deemed a tPleadings — Part Three · Source page 20
- Principle 89A lawyer’s appearance as agent for one of the parties and his establishing that agency before the court. Its effect. He represents the person who granted the litigation agency, and consequently the principal is present iPleadings — Part Three · Source page 20
- الإقرار الصادر عن الوكيل وأجازته من الموكل
Principle 90Distribution contract. Its nature: a contract under which a trader undertakes to promote and distribute the products of an industrial or commercial establishment in a specified area, provided that the trader is their solPleadings — Part Three · Source page 20- Principle 91Subsequent ratification is equivalent to prior authorization. - Ratification may be express or implied. The principal's mere silence in not invoking the ineffectiveness of the disposition despite knowing of it does not cPleadings — Part Three · Source page 20
- Principle 92What the agent of a party states in court in the principal’s absence, whenever it includes acceptance of a fact alleged by his opponent, is not deemed an admission by the principal unless the agent has special authorizatPleadings — Part Three · Source page 21
- خروج الوكيل عن حدود الوكالة
Principle 93A judicial admission is conclusive evidence. The judge must give effect to it. The admitting party may not retract it. Its issuance by an agent. Its condition. - The agent's exceeding the limits of the agency:-Pleadings — Part Three · Source page 21- Principle 94An agent's conclusion of a contract in the principal's name. All consequences of the contract accrue to the principal. His conclusion thereof outside the limits of his agency. Its effects do not accrue to the principal uPleadings — Part Three · Source page 21
- Principle 95The agent’s exceeding the limits of the agency and concluding a contract in the principal’s name. Its effect: the rights and obligations arising from the contract are not attributed to the principal except upon the princPleadings — Part Three · Source page 21
- Principle 96An agent's contracting outside the limits of his agency or without any authorization at all. Its effect: the contract is not effective against the principal except upon his ratification or express or implied acknowledgmePleadings — Part Three · Source page 21
- مسئولية الوكيل
Principle 97The agent contracting without representative authority. Its effect: it does not take effect in respect of the principal. The principal’s express or implied ratification of the disposition. Its import. It may not be withdPleadings — Part Three · Source page 21- Principle 98An agent authorised to appoint a substitute without specifying the substitute's identity. His liability is confined to his personal fault, excluding the substitute's acts.Pleadings — Part Three · Source page 22
- Principle 99The agent’s collusion with a third party to prejudice the principal’s rights. Its effect. The transaction is ineffective against the principal.Pleadings — Part Three · Source page 22
- التوكيل الصادر من ممثل الشخص المعنوي
Principle 100The agent's use for his own benefit. Of the principal's property. A fault requiring that the agent be held liable for fair compensation. Assessment of that compensation is within the authority of the trial judge. - PowerPleadings — Part Three · Source page 22- توالي التوكيلات
Principle 101The validity or continuance of a power of attorney issued by the representative of a legal person is not affected by the cessation of that representative's capacity. The reason therefor. It is deemed issued by the legal Pleadings — Part Three · Source page 22- Principle 102The agent’s disclosure of the agent’s capacity as representative of the principal. Its effect. The effects of the transaction attach to the principal. A succession of powers of attorney authorising the agent to appoint aPleadings — Part Three · Source page 22
- Principle 103Successive powers of attorney authorizing the agent to appoint another agent. Their effect. The effects of the contract concluded by the last of the agents accrue to the original principal.Pleadings — Part Three · Source page 22
- Principle 104The agent's contracting with a third party in the principal's name and within the limits of the agency. Its effect. The effects of the contract extend to the principal. - 22 - Civil Procedure - A succession of powers of Pleadings — Part Three · Source page 22
- Principle 105Agency is a contract whereby the principal appoints another person in the principal's place to carry out a legal act. Its effect. The effects of a contract concluded by the agent with a third party within the limits of tPleadings — Part Three · Source page 23
- Principle 106Successive powers of attorney, each authorizing the agent to appoint another as agent in respect of that with which he himself was entrusted. Their effect. The reason therefor.Pleadings — Part Three · Source page 23
- الإعلان في موطن الوكيل
Principle 107A succession of powers of attorney, each authorising the agent to appoint another agent for that with which the agent was entrusted. The effects of the contract concluded by the last of the agents attach to the original Pleadings — Part Three · Source page 23- Principle 108Service of the appeal at the elected domicile. Its criterion. That the party has elected it as his domicile in the document serving the judgment or in the other documents of the action. The reason therefor. - The agent'sPleadings — Part Three · Source page 23