المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. - انتهاء الوكالة

    Principle 273Agency. Its termination from the time the agent becomes aware of the cause of termination. Its import. The effects of acts performed by the agent before becoming aware accrue to the principal.Pleadings — Part Three · Source page 53
  2. Principle 275Termination of agency upon the bankruptcy of the agent or the principal. The exception of the principal's bankruptcy where the agent or - 53 - Civil Procedure another person has an interest in its continuation. Article 6Pleadings — Part Three · Source page 53
  3. Principle 276Agency. Its nature. Attribution of the effect of the transaction concluded by the representative for the principal’s account. The principal. The agent has no capacity except in the matters specified therein. When agency Pleadings — Part Three · Source page 54
  4. Principle 277Termination of the lawyer's agency. Its effect. An obligation to return the power of attorney and original documents to his client even if he has not received his fees. He may only retain them until the latter pays him tPleadings — Part Three · Source page 54
  5. Principle 278Agency terminates upon the death of the principal or agent or the loss of capacity of either. - The principal may at any time dismiss his agent or restrict his agency even if an agreement to the contrary exists. - The agPleadings — Part Three · Source page 54
  6. Principle 279Termination of agency upon the death of either party is not a matter of public policy. - 54 - Civil ProcedurePleadings — Part Three · Source page 54
  7. Principle 280Successive grants of agency, each authorizing the agent to appoint another agent for that with which he himself was entrusted. Effect: attribution of the effects of the contract concluded by the last agent to the originaPleadings — Part Three · Source page 55
  8. Principle 281The general rule is that agency terminates upon the death of the principal or agent or the loss of capacity of either. The reason: personal considerations govern the selection of the agent. - Legal acts performed by the Pleadings — Part Three · Source page 55
  9. Principle 282The company’s board of directors. Its competence to manage the company. Its members are agents of the shareholders’ general meeting for carrying out management functions. Termination of the agency upon the expiry of the Pleadings — Part Three · Source page 55
  10. Principle 283Termination of the agency upon the death of either party. It is not a matter of public policy. Agreement in the agency contract itself or in a subsequent contract that the heirs shall replace the agent in the event of hiPleadings — Part Three · Source page 55
  11. Principle 284Termination of agency upon the death of either party. Not a matter of public policy. Implication thereof: it is permissible to agree that the heirs shall replace the agent upon his death. - The court must respond to a dePleadings — Part Three · Source page 55
  12. Principle 285The agent’s completion of performance of the agency. He must submit to the principal a detailed account encompassing all agency activities, supported by documents. This obligation rests upon the agent. Its lapse in the sPleadings — Part Three · Source page 56
  13. Principle 286The general rule is that agency terminates upon the death of the principal or the agent, or upon either losing legal capacity. Article 716, Civil Code. - Termination of agency upon the death of either party. Not a matterPleadings — Part Three · Source page 56

  14. - عزل الوكيل

    Principle 287The principal's exemption of the agent from performing his obligation to render an account of his agency activities. A legal act in which the principal expresses his intention, even implicitly. It applies throughout the Pleadings — Part Three · Source page 56
  15. Principle 288The principal's right to dismiss the agent at any time unless the agency was granted in the interest of the agent or a third party, in which case its termination or restriction is prohibited without the consent of the pePleadings — Part Three · Source page 57
  16. Principle 290State-owned industrial plots are not considered public property. The effect thereof. - Agency is a revocable contract. The principal may dismiss the agent at any time before completion of the entrusted work. He may also Pleadings — Part Three · Source page 57
  17. Principle 291Agency is a non-binding contract. Its import. The principal may dismiss his agent at any time or restrict his agency even if it is for a specified term, unless the agency is in the agent's interest. This concerns public Pleadings — Part Three · Source page 57
  18. Principle 292The principal's right to dismiss his agent at any time. An agreement to the contrary is not permissible. The condition thereof: the dismissal must be justified.Pleadings — Part Three · Source page 57
  19. Principle 293Agency is a revocable contract. Implication thereof. The principal may dismiss his agent at any time and may restrict his agency even before completion of the entrusted work or expiry of its specified term. This concernsPleadings — Part Three · Source page 57
  20. Principle 294Contract agency—and arrangements treated equivalently—is a contract of mutual interest. The principal may not dismiss the agent and terminate the contract without fault on the agent’s part; otherwise, he is obliged to coPleadings — Part Three · Source page 58
  21. Principle 295The agency provisions stipulated in the Civil Code. Their application to the relationship between a lawyer and his client in matters for which no provision exists in the Law Regulating the Legal Profession. - Agency is aPleadings — Part Three · Source page 58
  22. Principle 296The lawyer's relationship with his client. The agency provisions stipulated in the Civil Code apply thereto. - Law 42 of 1964 concerning the regulation of the legal profession does not regulate the modes of termination oPleadings — Part Three · Source page 58

  23. - حظر تصدي المحكمة لعلاقة الخصوم بوكلائهم

    Principle 297Granting an agency in the interest of the agent or a third party. In this case, the principal may not dismiss the agent or restrict his agency without the consent of the person in whose interest the agency was granted. APleadings — Part Three · Source page 59
  24. Principle 299The relationship of litigants with their agents. The court may not address it unless the person concerned denies his agent's authority. No person other than the principal may object that the procedural act undertaken by Pleadings — Part Three · Source page 59
  25. Principle 300The court's examination of the relationship of litigants with their agents. Impermissible. Exception. The person concerned denies his agent's authority.Pleadings — Part Three · Source page 59

  26. - بوجه عام

    Principle 302Definition of mental deficiency under Article 945 of the Majalla and the statements of jurists. Assessment of the existence of mental deficiency is a matter for the court of merits. The act of a mentally deficient personPleadings — Part Three · Source page 63
  27. Principle 303The guardian’s representation of a minor. Statutory representation. Its purpose is to preserve the minor’s assets and not prejudice them. A guardian’s waiver of a right of the child harms the minor’s assets and exceeds tPleadings — Part Three · Source page 63
  28. Principle 304A minor lacking discernment. He is subject to guardianship over the person, beginning with his father. Even if in the custody of his divorced mother. The reason therefor. The father is his legal representative, and that Pleadings — Part Three · Source page 63
  29. Principle 305The upbringing and care of a minor during the first stage of his life belong to his mother. Guardianship over dispositions concerning his person and property, however, belongs to his father. The reason for that.Pleadings — Part Three · Source page 63
  30. Principle 306A sale made by a discerning minor. A disposition capable of both benefit and detriment. Its voidability in the minor’s interest unless subsequently ratified. The person entitled to ratify.Pleadings — Part Three · Source page 63
  31. Principle 307A mother’s custody of her children under the Jordanian Personal Status Law. It extends until they attain puberty if she devotes herself to raising them. - A virgin female minor who reaches womanhood may be taken into thePleadings — Part Three · Source page 63
  32. Principle 308Marriage under the school of Imam Malik. The guardian's consent is necessary for its formation unless it is established that he previously declared his daughter to be of full capacity. Or dismissal is established againstPleadings — Part Three · Source page 64

  33. - الولاية على النفس والمال

    Principle 309The arbitrator's jurisdiction derives from agreement. The effect thereof. The subject matter must be specified in the submission agreement, that specification must be adhered to, and the rule that the judge of the princiPleadings — Part Three · Source page 64
  34. Principle 312The dispositions of a person of impaired intellect are subject to the rules governing the dispositions of a discerning minor. - Dispositions of a discerning minor. When they are valid and when they are void or voidable iPleadings — Part Three · Source page 64
  35. Principle 313Appointment of a curator over the property of a person under interdiction does not preclude appointment of a guardian over his person. The reason therefor. - The general rule is that guardianship over the person belongs Pleadings — Part Three · Source page 64
  36. Principle 314Appointing the grandfather as guardian of the minor after accepting his withdrawal from that guardianship. A question of fact within the exclusive competence of the trial court. The condition for that.Pleadings — Part Three · Source page 65
  37. Principle 317Acts of sovereignty are those undertaken by the government, motivated by considerations relating to the State's high policy, in its capacity as a governing authority rather than an administrative authority. All such actsPleadings — Part Three · Source page 65
  38. Principle 318Acts of sovereignty are those undertaken by the government, motivated by considerations relating to the State's high policy, in its capacity as a governing authority, not an administrative authority. All are outside the Pleadings — Part Three · Source page 65
  39. Principle 319Actions concerning guardianship over the person and custody. The law applicable thereto when the parents’ schools of jurisprudence differ. Law 51 of 1984 concerning Personal Status, given that the father is a Kuwaiti natPleadings — Part Three · Source page 65
  40. Principle 321Women's custody of a male child. When it ends: upon puberty, namely the appearance of the known natural signs, or the male's completion of his 15th year without their appearance. Its effect: guardianship over his person Pleadings — Part Three · Source page 66
  41. Principle 322Reliance on foreign legislation. A mere fact, evidence of which must be adduced by the party asserting it before the court of merits. - The appellant's failure to submit an official copy of Egyptian law despite insistingPleadings — Part Three · Source page 66
  42. Principle 324The minor's interests. Guardianship thereof is vested in his parents. The Lawgiver's allocation of the rights incumbent upon them: the mother is to raise and care for him during the first stage of his life, and the fathePleadings — Part Three · Source page 66
  43. Principle 325Disagreement between the female custodian and the guardian of the child in custody on matters other than attending to the child’s needs. Its implication. The decision rests with the guardian by virtue of his authority toPleadings — Part Three · Source page 66
  44. Principle 326The paternal grandfather. Legal guardian of the minor's property by operation of law in the absence of the father or the guardian - 66 - Civil Procedure appointed by the father. He may not relinquish guardianship except Pleadings — Part Three · Source page 66
  45. Principle 327A guardian's disposition of a minor's immovable property without the court's permission. Its effect: relative nullity of the disposition for the benefit of the minor alone, unless subsequently ratified by the minor afterPleadings — Part Three · Source page 67
  46. Principle 328No marriage without a guardian—in the school of Imam Malik—unless it is established that he previously declared his daughter legally mature or that he has wrongfully obstructed her marriage. Example.Pleadings — Part Three · Source page 67

  47. - ولاية المحاكم

    Principle 329The general rule is that if the female custodian and the ward's guardian disagree on matters other than his care, such as directing him towards a particular type of education or trade, the decision belongs to the guardiaPleadings — Part Three · Source page 67
  48. Principle 330The Court of Appeal. It has full authority to reconsider the action within the limits of what has been appealed. It may differ from the court of first instance in assessing compensation. The condition thereof.Pleadings — Part Three · Source page 67
  49. Principle 331Jurisdiction of the courts. It encompasses adjudication of all disputes in all their civil, commercial and administrative forms and personal status matters. Distribution of jurisdiction among these courts according to thPleadings — Part Three · Source page 67
  50. Principle 332Establishment that the father is a Saudi national. Its implication. Application of the Hanbali school followed under Saudi law. The boy's attainment of the age of seven. Its effect. He is given a choice between his parenPleadings — Part Three · Source page 68
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