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. - شيك

    Principle 770The offense of issuing a check without funds. When is it established? The accused's issuance of the check as agent for another person does not prevent commission of the offense when his knowledge of the absence or insuffCommercial and Labour — Volume 9 · Source page ١٤٥
  2. Principle 771Issuing a cheque is considered a commercial act by its nature in all circumstances, The effect of that. Interest is due on the debt, and the Commercial Circuit of the Court of First Instance has jurisdiction to hear the Commercial and Labour — Volume 9 · Source page ١٤٥
  3. Principle 772The drawer's negligence in safeguarding the cheque book delivered to him by the bank entails his liability, rather than that of the drawee bank, towards the endorser not the injured parties. The drawer's obligation to saCommercial and Labour — Volume 9 · Source page ١٤٥
  4. Principle 774The general rule is that a cheque is an instrument for payment of a debt due to the person in whose favor it was drawn and embodies its cause unless the contrary is established.Commercial and Labour — Volume 9 · Source page ١٤٥
  5. Principle 775A cheque is, in principle, an instrument of payment for discharge of an existing debt. The drawer's allegation otherwise. He must prove his allegation. - The beneficiary's good faith is presumed. Whoever alleges his bad Commercial and Labour — Volume 9 · Source page ١٤٥
  6. Principle 776The value of the cheque is not compensation for the offence of issuing it without funds. Its nature: a debt predating the occurrence of the offence and not arising from it.Commercial and Labour — Volume 9 · Source page ١٤٥
  7. Principle 777Acceptance of cheques in satisfaction of a debt despite knowledge that they have no covering funds, and exemption from guarantee liability. Its effect. Extinction of the debt and discharge therefrom without being contingCommercial and Labour — Volume 9 · Source page ١٤٥
  8. Principle 778The criminal judgment for the offense of issuing a cheque without sufficient funds does not permit any binding effect regarding the beneficiary's entitlement to the value of the cheque, the reason for its issuance, or itCommercial and Labour — Volume 9 · Source page ١٤٦
  9. Principle 780A cheque's negotiability by endorsement. Does not preclude disposition of the right under it by assignment. Example.Commercial and Labour — Volume 9 · Source page ١٤٦
  10. Principle 781The negotiable-instrument obligation and the underlying obligation in commercial instruments. They have a single source. Defences arising from the underlying obligation pass, as between the debtor and his immediate crediCommercial and Labour — Volume 9 · Source page ١٤٦
  11. Principle 782The drawee bank is not discharged as against its customer, the drawer, where it pays a cheque on which the drawer's signature has been forged, regardless of how skillfully the forgery was executed. The reason for this. TCommercial and Labour — Volume 9 · Source page ١٤٦
  12. Principle 783Appointing the bank as agent to collect the value of a cheque. Subject to the agency provisions of the Civil Code, supplemented by banking custom. - An agent's appointment of a substitute. Impermissible except with the pCommercial and Labour — Volume 9 · Source page ١٤٦
  13. Principle 785The cheque's date differing from what is stated concerning it in other papers. Does not concern public policy. Effect thereof.Commercial and Labour — Volume 9 · Source page ١٤٧
  14. Principle 786Appointing a bank as agent to collect the value of a cheque is governed by the agency provisions of the Civil Code, supplemented by banking custom. - An agent authorized to appoint a substitute without a specified substiCommercial and Labour — Volume 9 · Source page ١٤٧
  15. Principle 787Criminal intent in the offence of issuing a cheque without funds. General intent. The extent of the beneficiary's entitlement to the cheque or the reason for its issuance. Has no effect on criminal liability and the judgCommercial and Labour — Volume 9 · Source page ١٤٧
  16. Principle 788A cheque is an instrument of payment and embodies its cause in itself. Its delivery to the beneficiary. A legal presumption that its cause is payment. Proof that delivery of the cheque was as security for performance of Commercial and Labour — Volume 9 · Source page ١٤٧
  17. Principle 789The cheque drawer's obligation. Is extinguished by the drawee's receipt of the value of the cheque. An instrument drawn by a bank on itself for payment of a specified amount at the customer's request for presentation to Commercial and Labour — Volume 9 · Source page ١٤٧
  18. Principle 791A cheque stipulated to be payable to a named person. Its transferability by endorsement and other commercial methods such as assignment. - Assignment. Proof thereof. No special form is required for its conclusion. ExamplCommercial and Labour — Volume 9 · Source page ١٤٧
  19. Principle 792Issuing a cheque is considered a commercial act by its nature in all circumstances. - 147 - CommercialCommercial and Labour — Volume 9 · Source page ١٤٧
  20. Principle 793The civil claimant’s demand before the criminal court for the value of the cheque and supplementary compensation - Permissible under Article 554 of the Commercial Code.Commercial and Labour — Volume 9 · Source page ١٤٨
  21. Principle 794Prescription of an action claiming payment of a cheque. Does not prevent the holder or the person liable for its value from having recourse against the drawer. The basis of this is unjust enrichment.Commercial and Labour — Volume 9 · Source page ١٤٨
  22. Principle 795Payment by the drawee bank of the value of a cheque bearing a forged signature attributed to its customer. Does not discharge its liability toward the customer, however skillfully the signature was forged. The bank bearsCommercial and Labour — Volume 9 · Source page ١٤٨
  23. Principle 797The general rule is that a cheque is an instrument of payment. Unless someone alleges otherwise. In that event, he bears the burden of proving what he alleges.Commercial and Labour — Volume 9 · Source page ١٤٨
  24. Principle 798The cheque. Its nature. An instrument of payment. Its cause is an existing debt owed to the person in whose favor it was drawn or to whom it passed, pursuant to the presumption arising from its delivery to the payee, unlCommercial and Labour — Volume 9 · Source page ١٤٨
  25. Principle 799A cheque is an instrument of payment. Drawing it does not discharge its drawer, and his obligation is not extinguished until its value is paid. The reason for this. It is payment conditional upon collection. - Material fCommercial and Labour — Volume 9 · Source page ١٤٨
  26. Principle 800Cheque. Its nature. An instrument of payment whose cause is the discharge of a debt due to the person in whose favour it was drawn or to whom it devolved, unless the drawer alleges otherwise and proves that the cause is Commercial and Labour — Volume 9 · Source page ١٤٨
  27. Principle 801A cheque is an instrument of payment. Drawing it does not discharge its owner, and his obligation is extinguished only upon payment of its value. Reason therefor. It is payment conditional upon collection. - Material facCommercial and Labour — Volume 9 · Source page ١٤٩
  28. Principle 802Payment by the drawee bank of the amount of a cheque to its first beneficiary where that cheque originally bore a forged signature. Does not discharge the bank’s liability towards its customer. Reason therefor: this instCommercial and Labour — Volume 9 · Source page ١٤٩
  29. Principle 803The cheque. It embodies its cause in itself, even if not expressly stated therein. The reason therefor. The rule is that its cause is payment of a debt due to the person in whose favour it was drawn or from the debtor toCommercial and Labour — Volume 9 · Source page ١٤٩
  30. Principle 804The rule regarding a cheque is that it is an instrument of payment, pursuant to the presumption arising from its delivery to the beneficiary. The drawer's allegation to the contrary. Effect. He bears the burden of provinCommercial and Labour — Volume 9 · Source page ١٤٩
  31. Principle 806The offense of issuing a check without funds. The criminal judgment of conviction therein. It has no binding effect concerning the extent of the beneficiary's entitlement to the value of the check, the reason for its issCommercial and Labour — Volume 9 · Source page ١٥٠
  32. Principle 807The criminal judgment. Its binding effect in the civil action before the civil court. Its scope. - The criminal judgment in the offence of issuing a cheque without funds. Criminal liability therein. It arises from the acCommercial and Labour — Volume 9 · Source page ١٥٠

  33. - تظهير الأوراق التجارية

    Principle 808Payment by the drawee bank of the value of a cheque bearing a forged signature attributed to the customer, however skilful the forgery. Entails the bank's liability. The reason for that and its condition. - Determining wCommercial and Labour — Volume 9 · Source page ١٥٠
  34. Principle 809The good faith of the holder of a commercial instrument is presumed. Whoever alleges bad faith must prove it. The relevant time for proving bad faith is the time when the commercial instrument was endorsed.Commercial and Labour — Volume 9 · Source page ١٥٠
  35. Principle 810Endorsement of commercial instruments purges them of defenses, provided that the holder acts in good faith. Good faith is presumed, and whoever alleges bad faith must prove it. The meaning of bad faith in this context.Commercial and Labour — Volume 9 · Source page ١٥٠
  36. Principle 811Assigning a legal characterization to papers and documents. Within the authority of the trial court. Its subjection in this respect to the supervision of the Court of Cassation. - 150 - Commercial - Bill of exchange. ItsCommercial and Labour — Volume 9 · Source page ١٥٠

  37. - بروتستو عدم الدفع

    Principle 812A marine insurance policy. It may be in the insured’s name, to his order or to bearer. Its negotiability depends on the form in which it is drawn up. It transfers by assignment if it bears the insured’s name, by endorsemCommercial and Labour — Volume 9 · Source page ١٥١

  38. - ماهية عقد التأمين وطبيعته

    Principle 814The provisions governing insurance contracts in the Civil Code. Their application to all types of insurance, subject to matters regulated by special legislation. - An insurance contract is an appurtenance of the insured Commercial and Labour — Volume 9 · Source page ١٥٣
  39. Principle 815The content of a contract includes its terms and the legal rules applicable to it. - The insurer’s right of recourse against the insured for compensation paid in the cases specified in Article 76 of the Executive RegulatCommercial and Labour — Volume 9 · Source page ١٥٣
  40. Principle 816The provision of the law applicable to the contract is considered part of it even if the contracting parties omitted to agree upon its rule. The insurer's right of recourse against the insured in the cases authorized by Commercial and Labour — Volume 9 · Source page ١٥٤
  41. Principle 817The direct cause of the insured's obligation for the amount paid by the insurer to the injured party is not the injured party's fault, but the insurance contract. Effect thereof. The insured cannot claim that he sufferedCommercial and Labour — Volume 9 · Source page ١٥٤
  42. Principle 818The contract is the law of the contracting parties. Neither may unilaterally revoke or amend it except within the limits permitted by the agreement or prescribed by law. An example in an insurance contract.Commercial and Labour — Volume 9 · Source page ١٥٤
  43. Principle 820The contracting parties may amend the rules of contractual liability whenever the amendment is within the bounds of the law and public policy: an example concerning a provision in an insurance contract permitting the insCommercial and Labour — Volume 9 · Source page ١٥٤
  44. Principle 821The relationship of the insured with the person he designates as a document in the insurance contract is governed by the rules of stipulation for the benefit of a third party. The effect thereof.Commercial and Labour — Volume 9 · Source page ١٥٤
  45. Principle 822Rights and obligations arising from an insurance contract. Their transfer to the person to whom ownership of the insured thing has passed. The rationale therefor.Commercial and Labour — Volume 9 · Source page ١٥٤
  46. Principle 823Rescission of a contract. Its effect. Restoring the contracting parties to the position they were in at the time of contracting. An exception is a continuing contract, in which dissolution is confined to the future and nCommercial and Labour — Volume 9 · Source page ١٥٤
  47. Principle 824Insurance contract. Consensual. The criterion for its conclusion. The insured's signature on the insurance policy. Not necessary.Commercial and Labour — Volume 9 · Source page ١٥٥
  48. Principle 825The contracting parties' freedom to modify the rules of contractual liability created by their free will. The condition for this. - Agreement on the insurer's right of recourse against the insured to recover compensationCommercial and Labour — Volume 9 · Source page ١٥٥
  49. Principle 826Conclusion of an insurance contract. Offer and acceptance. The insured's signature on the insurance application suffices as an offer, and the insurer's delivery of the policy signed by it suffices as acceptance. DeliveryCommercial and Labour — Volume 9 · Source page
  50. Principle 828Stipulation for the benefit of a third party. Its nature. Articles 205, 206 of the Civil Code. An example of what does not constitute a stipulation for the benefit of a third party in an insurance contract.Commercial and Labour — Volume 9 · Source page
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