المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Commercial and Labour — Volume 9

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,069 available principles

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  1. - بوجه عام

    Principle 714Negotiation by full endorsement of a commercial instrument. Its effect. Presumption of the endorsee's good faith. What is meant by bad faith.Commercial and Labour — Volume 9 · Source page ١٣٧
  2. Principle 715Endorsement of the commercial instrument. Its effect. Endorsement of the banking obligation from grounds leading to its rescission or nullity. The condition therefor.Commercial and Labour — Volume 9 · Source page ١٣٧
  3. Principle 716The holder of a commercial instrument. Good faith is presumed on his part. The relevant time for establishing bad faith is the time of endorsement.Commercial and Labour — Volume 9 · Source page ١٣٧
  4. Principle 717The obligation to draw up a protest is not a condition for recourse against the debtor or his aval guarantor. Implication thereof.Commercial and Labour — Volume 9 · Source page ١٣٧
  5. Principle 718A cheque embodies its own cause. - A cheque lacking one of its essential particulars. It loses its character as a cheque. However, it may acquire the character of any other commercial instrument if it contains that instrCommercial and Labour — Volume 9 · Source page ١٣٧
  6. Principle 720When endorsement of a cheque is considered devoid of the endorser’s guarantee of payment of its value. - The seller of real estate is not obliged to guarantee his tenant’s payment to the purchaser of that real estate of Commercial and Labour — Volume 9 · Source page ١٣٧
  7. Principle 721The rule is that the endorser of a cheque guarantees to the endorsee and every subsequent holder the existence of the right established by the cheque and its payment at maturity. However, the endorser may stipulate exempCommercial and Labour — Volume 9 · Source page ١٣٧
  8. Principle 723The statement specifying the place of payment. A promissory note must contain it. The effect of its absence. The note loses its banking character, falls outside the scope of the law of negotiable instruments, and is regaCommercial and Labour — Volume 9 · Source page ١٣٨
  9. Principle 724The drawer of a cheque and its endorsers are liable for its value to its holder. - The cheque holder has the right of recourse against the drawer and endorsers for its value. Bankruptcy of one of them when recourse is soCommercial and Labour — Volume 9 · Source page ١٣٨
  10. Principle 725The legislature's requirement that a commercial instrument contain specified particulars. Its purpose. The sanction for omission of one of these particulars. The instrument loses its negotiable-instrument character and bCommercial and Labour — Volume 9 · Source page ١٣٨
  11. Principle 726A cheque is, as a general rule, an instrument of payment. Whoever alleges otherwise bears the burden of proving his allegation.Commercial and Labour — Volume 9 · Source page ١٣٨
  12. Principle 727The trial court has authority to order production of commercial books and papers for inspection and to draw from them such inferences as it sees fit. The condition for this.Commercial and Labour — Volume 9 · Source page ١٣٨
  13. Principle 728Creation of a commercial instrument as a means of satisfying a prior obligation. Its effect. A new obligation arises, namely the negotiable-instrument obligation, alongside and independently of the original obligation. TCommercial and Labour — Volume 9 · Source page ١٣٨
  14. Principle 729Creation of a commercial instrument. In payment of a prior obligation, it gives rise to a new obligation, namely the obligation under the negotiable instrument, along - 138 - Commercial with the original obligation. The Commercial and Labour — Volume 9 · Source page ١٣٨
  15. Principle 730Documentary credit. Its nature. Its independence from the contract between the seller and purchaser on account of which the credit was opened. The effect of this. The party ordering the opening of the credit may not revoCommercial and Labour — Volume 9 · Source page ١٣٩
  16. Principle 731Current account. The rule is its indivisibility and the impermissibility, while the account is running, of claiming entitlement to any individual entry therein. Exception. The borrower's drawing up an instrument for the Commercial and Labour — Volume 9 · Source page ١٣٩
  17. Principle 732Creation of a commercial instrument as a means of discharging a prior original obligation. Its effect. The creation of an obligation under the instrument alongside the original obligation. The creditor has the choice of Commercial and Labour — Volume 9 · Source page ١٣٩
  18. Principle 733The relationship between the drawer and the beneficiary of a bill of exchange. The drawee has no concern with it. The effect of this. The person with standing to claim the value of the bill of exchange is its physical poCommercial and Labour — Volume 9 · Source page ١٣٩
  19. Principle 734Absence from the bill of exchange of a statement of its place of issue. Does not render it void. It is considered issued at the place indicated beside the drawer's name.Commercial and Labour — Volume 9 · Source page ١٣٩
  20. Principle 737Creation of a commercial instrument as a means of satisfying a prior obligation. This gives rise to a new obligation, namely the negotiable-instrument obligation. Consequence: the creditor may proceed against the debtor Commercial and Labour — Volume 9 · Source page ١٤٠
  21. Principle 738The legislature's authorization of payment of 20% of a share's value upon subscription and payment of the remainder within 5 years, without prescribing forfeiture as a consequence of exceeding that period. Its effect. ThCommercial and Labour — Volume 9 · Source page ١٤٠
  22. Principle 740Commercial paper. Must contain certain particulars that make it self-sufficient and precisely define the obligation evidenced therein, so that it can perform the functions of payment and credit. Absence of one of these pCommercial and Labour — Volume 9 · Source page ١٤٠
  23. Principle 741The aval guarantor. A surety jointly and severally liable with the debtor, and both are liable to the holder for the value of the instrument. The consequence: he may not resist the holder's claim by invoking the benefit Commercial and Labour — Volume 9 · Source page ١٤٠
  24. Principle 742Cheque. Its nature. An instrument of payment. Its cause: an existing debt owed to the person in whose favor it was drawn or to whom it devolved, pursuant to the presumption arising from its delivery to the beneficiary, uCommercial and Labour — Volume 9 · Source page ١٤٠
  25. Principle 743Creation of a commercial instrument as a means of discharging a prior obligation. Its implication. Existence of the negotiable-instrument obligation alongside the ordinary - 140 - Commercial obligation. The creditor has Commercial and Labour — Volume 9 · Source page ١٤٠
  26. Principle 744Claiming a debt evidenced by a commercial instrument where the person against whom the claim is made is the drawer, maker, acceptor, or aval guarantor of any of them. The manner thereof. Following the payment-order proceCommercial and Labour — Volume 9 · Source page ١٤١
  27. Principle 745Papers or instruments submitted to the trial court. They must be given their true description and assigned their correct legal characterization.Commercial and Labour — Volume 9 · Source page ١٤١
  28. Principle 746Signing bills of exchange in blank without a loan for which they would secure the beneficiary's right. Proof that the motive for signing them, in light of the circumstances surrounding their execution, was the withdrawalCommercial and Labour — Volume 9 · Source page ١٤١
  29. Principle 747Acts relating to bills of exchange, promissory notes and cheques. Commercial acts regardless of the capacity or intention of the person undertaking them.Commercial and Labour — Volume 9 · Source page ١٤١

  30. - كمبيالة

    Principle 748The obligation of the court of fact to give the papers and instruments submitted to it their true description and correct legal characterization, without being bound by the parties' characterization. Its subjection in thCommercial and Labour — Volume 9 · Source page ١٤١
  31. Principle 749Endorsement of a commercial instrument, whether a cheque or bill of exchange, cleanses it of matters relating to grounds for rescission or invalidity of the obligation under the negotiable instrument and all defences basCommercial and Labour — Volume 9 · Source page ١٤٢

  32. - شيك

    Principle 750Bill of exchange. Its nature. An order issued by the drawer to the drawee to pay a specified sum of money to the beneficiary on the maturity date stated therein. This order does not create a legal connection between the Commercial and Labour — Volume 9 · Source page ١٤٢
  33. Principle 751Cheque. It embodies its cause in itself, even if the cause is not expressly stated therein. The basis for this. - 142 - CommercialCommercial and Labour — Volume 9 · Source page ١٤٢
  34. Principle 752A cheque. An instrument of payment that takes the place of money in discharging a debt owed to the beneficiary by the drawer, the ordering party or the endorser. It is permissible to prove the contrary and that the chequCommercial and Labour — Volume 9 · Source page ١٤٣
  35. Principle 753Acceptance of a cheque as payment to settle the original debt. Payment conditional upon its value. Non-fulfillment of the condition. Its effect. The creditor regains his right to claim against his debtor. The holder's reCommercial and Labour — Volume 9 · Source page ١٤٣
  36. Principle 754The payee owns the funds for payment of the cheque. He alone, to the exclusion of the drawer, may object to payment to another.Commercial and Labour — Volume 9 · Source page ١٤٣
  37. Principle 755The general rule is that the endorser of a cheque guarantees to the endorsee and every subsequent holder the existence of the right evidenced by the cheque and its payment on the due date. The endorser may stipulate exemCommercial and Labour — Volume 9 · Source page ١٤٣
  38. Principle 756The seller's endorsement to the purchaser of cheques securing the rent of the property sold, issued by the tenant in favour of the seller. Permissibility of treating the seller as an endorser who does not guarantee paymeCommercial and Labour — Volume 9 · Source page ١٤٣
  39. Principle 757Novation of an obligation. Its condition. Both the old and the new obligations must be free of grounds of nullity. Reason therefor. Issuing a cheque for default interest exceeding the maximum limit for default interest. Commercial and Labour — Volume 9 · Source page ١٤٣
  40. Principle 759A cheque is not invalidated by the absence or insufficiency of funds for payment. The beneficiary's receipt of the cheque's value. Taking what is due to him. The implication of this. He may not be required to repay it.Commercial and Labour — Volume 9 · Source page ١٤٣
  41. Principle 760The payee of a cheque. Investigation of his bad faith. Serves no purpose if he is obliged to make restitution. - 143 - CommercialCommercial and Labour — Volume 9 · Source page ١٤٣
  42. Principle 761An agent's failure to disclose his capacity in contracts he concludes with third parties. Does not in itself indicate that his agency is a sham. The offence of issuing a cheque without funds is committed by the drawer evCommercial and Labour — Volume 9 · Source page ١٤٤
  43. Principle 762A cheque bearing the phrase “not to order.” It may be transferred only by following assignment of rights.Commercial and Labour — Volume 9 · Source page ١٤٤
  44. Principle 763A cheque is an instrument of payment until the contrary is proved and it is proved to be an instrument evidencing a debt. The basis thereof is that freedom from liability is presumed until evidence establishes indebtedneCommercial and Labour — Volume 9 · Source page ١٤٤
  45. Principle 764The drawee bank's payment of the value of a cheque bearing a forged signature: as a general rule, the consequences of this payment. They fall upon the bank vis-à-vis its customer, regardless of the degree of skill in forCommercial and Labour — Volume 9 · Source page ١٤٤
  46. Principle 765The bank's payment to the first payee of the value of a cheque bearing a forged signature of the drawer. The consequences of this payment fall upon the bank, whatever the degree of sophistication of the forgery. The condCommercial and Labour — Volume 9 · Source page ١٤٤
  47. Principle 766A cheque is, in principle, an instrument of an existing debt owed by the drawer. Whoever alleges otherwise bears the burden of proving his allegation.Commercial and Labour — Volume 9 · Source page ١٤٤
  48. Principle 767A cheque is, in principle, an instrument for payment of a debt to the beneficiary. Anyone claiming that it is an instrument evidencing a debt owed by the latter must prove this. The reason for this. Freedom from liabilitCommercial and Labour — Volume 9 · Source page ١٤٤
  49. Principle 768The rule concerning a cheque is that it is an instrument for payment of a debt to the person in whose favour it was drawn or to whom it devolved, and its delivery to the beneficiary is a presumption thereof until the conCommercial and Labour — Volume 9 · Source page
  50. Principle 769Delivery of the “shīm” to the beneficiary. Effect. Arising of a presumption that it was drawn as an instrument of payment of a debt due to him until what contradicts that presumption is proved.Commercial and Labour — Volume 9 · Source page
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