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. - الدعوى المباشرة في نطاق عقد التأمين

    Principle 883Insurance against civil liability for motor vehicle accidents. Compulsory for the benefit of a third party suffering injury to his person or property, whoever is responsible, and confers upon him an independent right recCommercial and Labour — Volume 9 · Source page ١٦٣
  2. Principle 884Cause is an essential element of every voluntary disposition, whether a contract or a unilateral act of will, and is the first direct purpose of the disposition together with the inducing motive. - Absence of the cause oCommercial and Labour — Volume 9 · Source page ١٦٣
  3. Principle 885The injured party’s recourse against the insurer for the compensation due to him because of an accident involving the insured car. Its prerequisite. Establishment of the insured’s liability for the accident. The reason: Commercial and Labour — Volume 9 · Source page ١٦٣
  4. Principle 886Establishment of a direct right for the injured party against the insurer from the occurrence of the insured accident. This right is unaffected by the subsequent failure of the insured to notify the insurer of the accideCommercial and Labour — Volume 9 · Source page ١٦٣

  5. - شروط البطلان والسقوط والتحكيم والرجوع والإعفاء من المسئولية

    Principle 887The person injured in motor accidents. Has a direct action against the insurer. The source of the latter's obligation differs from the source of the obligation of the perpetrator of the harmful act, and both converge in Commercial and Labour — Volume 9 · Source page ١٦٣
  6. Principle 888Printed conditions contained in insurance policies relating to arbitration, nullity, or forfeiture. They are not given effect unless displayed distinctively. Article 782, Civil Code.Commercial and Labour — Volume 9 · Source page ١٦٤
  7. Principle 889An insurance policy may contain reasonable restrictions on the insured regarding use of the vehicle. Condition thereof. They must not conflict with the Traffic Law and its resolutions. Example: agreement on the insured'sCommercial and Labour — Volume 9 · Source page ١٦٤
  8. Principle 890A provision in the insurance contract that the insurance company is not liable for compensation if the insured breaches one of the conditions contained in the Traffic Law. Permissible. Breach of the condition gives the iCommercial and Labour — Volume 9 · Source page ١٦٤
  9. Principle 891The permissibility of including reasonable restrictions on the use and driving of the vehicle in motor insurance policies. The insured's breach of these restrictions. Its effect. The insurer's right of recourse against hCommercial and Labour — Volume 9 · Source page ١٦٤
  10. Principle 892Rules of contractual liability. They may be modified by the will of the contracting parties. An example in an insurance contract. - Agreement between the insurer and the insured on the former's right of recourse against Commercial and Labour — Volume 9 · Source page ١٦٤
  11. Principle 893The insurer's right of recourse against the insured to recover compensation it may have paid. Its condition. The recourse clause must be displayed in a distinctive manner. - Conditions relating to nullity or forfeiture. Commercial and Labour — Volume 9 · Source page ١٦٥
  12. Principle 894The provisions of the Traffic Law and its decisions regulating compulsory motor insurance. They prescribe no special form for writing conditions relating to forfeiture of the insured's right to insurance or permitting thCommercial and Labour — Volume 9 · Source page ١٦٥
  13. Principle 895Conditions relating to nullity, forfeiture or arbitration in the insurance policy. The condition for invoking them against the insured. Displaying them distinctively. Whether they are considered so or not. A matter of faCommercial and Labour — Volume 9 · Source page ١٦٥
  14. Principle 896The trial court has the authority to assess the prominence of terms exempting the insurer from liability. The condition for this. That its decision be based on reasonable grounds. Example.Commercial and Labour — Volume 9 · Source page ١٦٥
  15. Principle 897Conditions entailing forfeiture of the insured's right to insurance and conditions allowing the insurer recourse for compensation it has paid. They may not be invoked against the insured if displayed in a distinctive manCommercial and Labour — Volume 9 · Source page ١٦٥
  16. Principle 898An insurance contract may include a term forfeiting the insured's right of recourse against the insurer as a sanction for his breach of the contract. Its condition. The insurer's compliance with the formal and substantivCommercial and Labour — Volume 9 · Source page ١٦٥
  17. Principle 899Highlighting the terms concerning nullity, forfeiture, or control in the insurance policy. They need not differ from the remaining particulars in more than one feature. - 165 - CommercialCommercial and Labour — Volume 9 · Source page ١٦٥
  18. Principle 900Invoking, on behalf of the insured, conditions relating to nullity, forfeiture, or arbitration. Condition thereof. - Prominence of the insurance policy conditions and their distinction from other conditions. A matter of Commercial and Labour — Volume 9 · Source page ١٦٦
  19. Principle 901The terms of an insurance policy that may be invalidated are the oppressive terms contrary to the essence of the contract and to public policy, not the reasonable ones.Commercial and Labour — Volume 9 · Source page ١٦٦
  20. Principle 903The absence from the insurance policy of a clause forfeiting the insured's right in the event of breach of the obligation to keep commercial books. Invoking this forfeiture. Has no basis. - A forfeiture clause in an insuCommercial and Labour — Volume 9 · Source page ١٦٦
  21. Principle 904Conditions relating to nullity, forfeiture, or arbitration. The condition for invoking them against the insured. They must be displayed distinctively. Whether or not they are considered so. A question of fact subject to Commercial and Labour — Volume 9 · Source page ١٦٦
  22. Principle 905Conditions intended to define the scope of the insurer's liability by expressly excluding situations that would make the insured risk more likely may be invoked against the insured, provided that these conditions are disCommercial and Labour — Volume 9 · Source page ١٦٦
  23. Principle 906The absence of an express and prominent provision in the insurance contract—other than life insurance—stipulating agreement to its extension. Its effect and what does not alter it.Commercial and Labour — Volume 9 · Source page ١٦٦
  24. Principle 907Conditions relating to nullity, forfeiture, or arbitration may not be invoked against the insured unless presented in a distinctive manner. Example of a condition that is disregarded.Commercial and Labour — Volume 9 · Source page ١٦٦
  25. Principle 908The permissibility of invalidating unfair terms contained in an insurance contract that contradict the essence of the contract and disregarding - 166 - Commercial them because they contravene public policy. An example ofCommercial and Labour — Volume 9 · Source page ١٦٦
  26. Principle 909Liability of the custodian of things. Its basis. Fault in custody presumed to have been committed by the custodian, with no proof to the contrary admissible. Proof by the custodian that he committed no fault or exercisedCommercial and Labour — Volume 9 · Source page ١٦٧
  27. Principle 910The insurer's liability is united with the insured accidents and risks governed by the policy terms. - Forfeiture of the insured's right of recourse against the insurer under the insurance contract. The formal and substaCommercial and Labour — Volume 9 · Source page ١٦٧
  28. Principle 911Insurance against damage is void if it is not based on a lawful economic interest. The necessary consequence thereof. Insurance against risks not recognised by law is impermissible. An example concerning the nullity of iCommercial and Labour — Volume 9 · Source page ١٦٧

  29. تحديد التعويض بقيمة الضرر

    Principle 912An insurance contract's inclusion of oppressive conditions inconsistent with the essence of the contract. They may be annulled. The trial court may assess whether or not breach of the condition had an effect on the occurCommercial and Labour — Volume 9 · Source page ١٦٧
  30. Principle 913Facts not necessarily determined by the criminal judgment. Inquiry into them remains open to the civil judge when examining civil liability. An example concerning the criminal judgment not addressing the number of vehiclCommercial and Labour — Volume 9 · Source page ١٦٧
  31. Principle 914The insured may not receive compensation exceeding the value of the damage, even if the sum insured is greater than that value. Example. - The insured's combination of the sum insured and the compensation due to him fromCommercial and Labour — Volume 9 · Source page ١٦٨
  32. Principle 915The purpose of compensation. Making good the damage in a balanced manner. The necessary consequence. Deduction of the excluded value when assessing it.Commercial and Labour — Volume 9 · Source page ١٦٨
  33. Principle 916The right to blood money and compensation. It may not be collected twice. An example concerning the invalidity of claiming this restriction from the insurance company after collecting it from the party liable for the accCommercial and Labour — Volume 9 · Source page ١٦٨

  34. - عدم جواز الجمع بين مبلغ التأمين وبين التعويض

    Principle 917Obliging the insurer to cover civil liability for the amount of compensation awarded. The requirement to pay compensation within ten days from the date of notification to it of the judgment. Does not mean that this compeCommercial and Labour — Volume 9 · Source page ١٦٨

  35. - حلول المؤمن محل المؤمن له أو المضرور قبل المسئول

    Principle 918The insured may not combine the insurance amount with the compensation owed to him by the responsible person. An example in fire insurance. - The insurer's subrogation to the insured or the injured person against the resCommercial and Labour — Volume 9 · Source page ١٦٨
  36. Principle 920The insurer's statutory subrogation to the insured in the actions available to the latter against the person liable for the insured damage. Its condition. The insurer's payment of the insurance amount and to the extent oCommercial and Labour — Volume 9 · Source page ١٦٩
  37. Principle 921An action based on the insurer's statutory subrogation to the insured's rights against the liable person. It is not properly constituted until the date of payment of the insurance amount. The effect thereof on the plea tCommercial and Labour — Volume 9 · Source page ١٦٩
  38. Principle 922The insurer's payment of the insurance amount to the insured under damage insurance. Its effect. Its legal subrogation to his rights against the liable party. The rationale therefor. This subrogation is confined to the cCommercial and Labour — Volume 9 · Source page ١٦٩
  39. Principle 923The insurer's statutory subrogation, to the extent of the compensation it has paid, to the insured's actions against the person legally liable for the damage insured against, unless the other is liable for his acts. The Commercial and Labour — Volume 9 · Source page ١٦٩
  40. Principle 924The insurer's recourse action against the responsible third party for the compensation it paid to the injured party. Its basis. Statutory subrogation or assignment of the right. - Transfer of the right to the assignee wiCommercial and Labour — Volume 9 · Source page ١٦٩
  41. Principle 925The insurer’s payment to the insured or the injured party of his entitlement. Its effect. Its statutory subrogation to his position in recourse against the liable third party for what it paid. The rights it has. It exercCommercial and Labour — Volume 9 · Source page ١٧٠
  42. Principle 926The insured's right to compensation for liability for an accident arising. By operation of law from the harmful act is what passes to the insurer who paid the insurance amount to the insured or the injured party. - A subCommercial and Labour — Volume 9 · Source page ١٧٠
  43. Principle 927The insurer’s payment of the insurance amount to the insured in insurance against damage. Its effect. Its statutory subrogation to the insured’s position against the liable party. The reason for this. The economy of thisCommercial and Labour — Volume 9 · Source page ١٧٠
  44. Principle 928The insurer's recourse action against the liable party for the compensation it paid to the injured party. Its basis. Subrogation of the insurer to the injured party. Basis of this subrogation. A statutory provision or asCommercial and Labour — Volume 9 · Source page ١٧٠
  45. Principle 929Subrogation of the payer to the creditor when the payer is obligated for the debt with the debtor or obligated to discharge it on his behalf. - The insurer under compulsory insurance against motor vehicle accidents. It aCommercial and Labour — Volume 9 · Source page ١٧٠
  46. Principle 930The insurer's subrogation to the insured or the injured party in recourse against the liable third party for what it has paid, without the need to undertake procedures. - The subrogation action brought by the insurer agaCommercial and Labour — Volume 9 · Source page ١٧١
  47. Principle 931The insured combining the insurance amount and compensation. Not permissible. - Recourse by the insured against the third party responsible for the accident on the basis of tort liability. Not permissible. - Recourse by Commercial and Labour — Volume 9 · Source page ١٧١
  48. Principle 932Insurance whose subject matter is property. The injured party may, after receiving the compensation due to him from the insurer, assign to it his right to compensation against the responsible third party. This does not cCommercial and Labour — Volume 9 · Source page ١٧١
  49. Principle 933The insurer’s recourse action against the liable third party for the compensation it paid to the injured party is not considered one of the actions arising from the insurance contract and those based on statutory subrogaCommercial and Labour — Volume 9 · Source page
  50. Principle 934The insurer's recourse action against the third party responsible for the damage for the compensation it paid to the injured party, and against the insured in the event of breach of the terms agreed in the insurance poliCommercial and Labour — Volume 9 · Source page
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