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. - التأمين في مجال النقل البحري

    Principle 990Marine insurance. Its nature and effect. - An insured who obtains compensation from the insurer for damage to the goods carried may not obtain it again from the carrier. The insurer is subrogated to the insured in claimiCommercial and Labour — Volume 9 · Source page ١٨٢
  2. Principle 991The trial court’s authority to interpret contracts and instruments. Its limits. An example of a defective interpretation of a marine insurance policy. - General or common average in maritime custom. Its definition. A volCommercial and Labour — Volume 9 · Source page ١٨٢
  3. Principle 992Damage to goods from a cause not among the specified insured causes. Not covered by the insurance.Commercial and Labour — Volume 9 · Source page ١٨٢
  4. Principle 993The free-of-particular-average clause in insurance policies. What it excludes from the scope of cover: partial particular-average loss, except that resulting from the vessel's stranding, sinking or burning. The defence rCommercial and Labour — Volume 9 · Source page ١٨٢
  5. Principle 994A marine insurance contract. Its nature. Its scope. Coverage of maritime risk during the sea voyage. The consequence. Exclusion of risks occurring on land unless the insurance policy expressly provides for this.Commercial and Labour — Volume 9 · Source page ١٨٢
  6. Principle 995Marine insurance does not cover risks occurring on land unless the insurance policy expressly provides for this. The reason for this.Commercial and Labour — Volume 9 · Source page ١٨٢
  7. Principle 996The insured in marine insurance. He may not receive compensation exceeding the value of the damage or combine the insurance amount with the compensation owed to him by a third party. The reason and basis for this. ArticlCommercial and Labour — Volume 9 · Source page ١٨٢
  8. Principle 997Rules of liability in a marine insurance contract. Conditions for their modification and restrictions on that modification. Substantive conditions that are not given effect because of their unfairness. Their nature. - 18Commercial and Labour — Volume 9 · Source page ١٨٢
  9. Principle 998Risks covered by the marine insurance policy. - War risks are exceptional risks. Inability to determine whether the damage arose from a maritime risk or a war risk. Its effect. Presumption that the risk is a maritime risCommercial and Labour — Volume 9 · Source page ١٨٣
  10. Principle 999The marine insurance policy. It may be made out in the insured’s name, to his order or to bearer. Its negotiability depends on the form in which it is drawn up. Its transfer by assignment if it bears the insured’s name, Commercial and Labour — Volume 9 · Source page ١٨٣

  11. - التأمين من المسئولية

    Principle 1000Marine insurance. Its nature. A contract whereby the insurer undertakes to cover damage arising during the sea voyage in return for a monetary premium paid by the insured. Its obligation thus arises upon the occurrence oCommercial and Labour — Volume 9 · Source page ١٨٣

  12. - التأمين على الأشخاص

    Principle 1001Liability insurance. Its nature. The permissibility of the insurer's subrogation to the insured in claiming his right against the person responsible for the damage. - The injured person in liability insurance. He is not Commercial and Labour — Volume 9 · Source page ١٨٣

  13. - التأمين من الأضرار

    Principle 1003Insurance of persons does not require an insurable interest. - Insurance against damage:-Commercial and Labour — Volume 9 · Source page ١٨٤
  14. Principle 1005The injured person's direct recourse against the insurer outside the case of compulsory insurance against liability arising from car accidents. Its condition. The insurance policy must contain a stipulation for the benefCommercial and Labour — Volume 9 · Source page ١٨٤
  15. Principle 1006The injured party's direct recourse against the insurer in insurance other than motor accident insurance. Its condition: the insurance policy must contain a stipulation for the benefit of a third party. Example of a judgCommercial and Labour — Volume 9 · Source page ١٨٤

  16. - التضامن والتضامم في مجال التأمين

    Principle 1007Insurance against damage. Its effect. The insurer's obligation to compensate the insured for damage resulting from the insured risk, provided that this does not exceed the insurance amount. - Assessment of compensation. Commercial and Labour — Volume 9 · Source page ١٨٤
  17. Principle 1008The insurer and the third party responsible for the accident are liable for the compensation debt, even though the source of each party’s obligation differs. The difference in this source for each of them. Its effect. ThCommercial and Labour — Volume 9 · Source page ١٨٤
  18. Principle 1009Direct recourse by the injured party against the insurer outside the case of compulsory insurance against civil liability arising from motor vehicle accidents. Its condition. The insurance policy must contain a stipulatiCommercial and Labour — Volume 9 · Source page ١٨٥

  19. - التأمين من الحريق والعواصف

    Principle 1010The insurer and the liable third party being obligated for the same debt, even though the sources of their obligations differ. Its effect. Their patrimonies are concurrently liable for its payment. - Permissibility of thCommercial and Labour — Volume 9 · Source page ١٨٥
  20. Principle 1011Permissibility of invalidating abusive terms contained in an insurance contract that contradict the essence of the contract, and disregarding them for contravening public order. Example of an abusive term contradicting tCommercial and Labour — Volume 9 · Source page ١٨٥

  21. - الاشتراط لمصلحة الغير في مجال التأمين

    Principle 1014Liability insurance is insurance of a debt owed by the insured. Insurance for the account of an interested party. A stipulation for the benefit of a third party that creates a direct personal right for the beneficiary toCommercial and Labour — Volume 9 · Source page ١٨٦
  22. Principle 1015The insurer’s stipulation, when contracting with the insured, that the latter obtain the insurance amount for himself upon liability arising toward the injured party. These are not stipulations for the benefit of a thirdCommercial and Labour — Volume 9 · Source page ١٨٦
  23. Principle 1016An action arising upon the insurance contract. Subject to the three-year limitation period. This includes actions by the insurer, the insured or the beneficiary. Exception: cases of entitlement to blood money or portionsCommercial and Labour — Volume 9 · Source page ١٨٦

  24. - الإبراء في مجال التأمين

    Principle 1017The injured party's direct recourse against the insurer outside the case of compulsory insurance against liability arising from motor vehicle accidents. Its condition. That the insurance policy contain a stipulation for Commercial and Labour — Volume 9 · Source page ١٨٦
  25. Principle 1018The insurer’s right of recourse against the insured to recover any compensation it may have paid. Its condition. The condition must be displayed distinctively. - Conditions relating to nullity or forfeiture. Condition foCommercial and Labour — Volume 9 · Source page ١٨٦

  26. - رجوع المؤمن على المؤمن له أو الغير المسئول

    Principle 1019Release is a purely gratuitous disposition by the creditor. - 186 - Commercial - The insurer's recourse against the insured or the liable third party:-Commercial and Labour — Volume 9 · Source page ١٨٦
  27. Principle 1021The insured’s obligation to preserve his right of recourse against the third party responsible for the damage and to take the measures necessary to safeguard the insurer’s right of recourse against the third party for thCommercial and Labour — Volume 9 · Source page ١٨٧
  28. Principle 1022The insurer’s right of recourse against the insured to recover compensation paid if it proves that was the insured or another person driving it with approval on holding a licence to drive it. The burden of proving the ciCommercial and Labour — Volume 9 · Source page ١٨٧
  29. Principle 1023The insurer's recourse against the insured for compensation paid on his behalf for the occurrence of an accident to which the deterioration of the vehicle's tyres contributed. Its criterion. Proof that the accident occurCommercial and Labour — Volume 9 · Source page ١٨٧
  30. Principle 1024The insurer’s recourse against the insured for the amount of compensation it paid where the accident occurs while the vehicle is being driven by a driver who does not hold a driving licence, with the insured’s consent. ICommercial and Labour — Volume 9 · Source page ١٨٧
  31. Principle 1025The person alleging something contrary to the apparent state of affairs bears the burden of proving the allegation. - The insured’s allegation that the operator of the insured crane holds a licence to operate it. An alleCommercial and Labour — Volume 9 · Source page ١٨٧
  32. Principle 1026The insured leaving the keys to his insured vehicle with his wife, who does not know the principles of driving. Does not imply that he authorized her to drive it. - A judgment based on two grounds. Sufficiency of one of Commercial and Labour — Volume 9 · Source page ١٨٧
  33. Principle 1027An insurance policy containing a condition entitling the insurer to seek recourse against the insured for the amount of compensation it may have paid where the vehicle is used for a purpose other than that stated in its Commercial and Labour — Volume 9 · Source page ١٨٧
  34. Principle 1028The insurer's right of recourse against the insured where the vehicle is loaded beyond its carrying capacity or used for a purpose other than that specified in its licence. Article 76 of the Executive Regulations of the Commercial and Labour — Volume 9 · Source page ١٨٨
  35. Principle 1030The insurance policy’s inclusion of the insurer’s right of recourse against the insured for the amount of compensation it may have paid where a goods vehicle is used for a purpose other than that specified in its licenceCommercial and Labour — Volume 9 · Source page ١٨٨
  36. Principle 1032The insurer’s right of recourse against the insured to recover any compensation it has paid if it is established that the driver, whether the insured or a person permitted to drive the vehicle, caused the accident while Commercial and Labour — Volume 9 · Source page ١٨٨
  37. Principle 1033The contracting parties may include in the insurance policy reasonable restrictions on the insured's freedom to use and drive the vehicle if those restrictions do not conflict with the provisions of the Traffic Law, and Commercial and Labour — Volume 9 · Source page ١٨٨
  38. Principle 1034The insurer's recourse against the insured for the amount of compensation paid where he accepts more passengers than prescribed by the Executive Regulations of the Traffic Law. A relationship between the violation and thCommercial and Labour — Volume 9 · Source page ١٨٩
  39. Principle 1035The insured's breach of the duties or restrictions contained in the policy. Its effect. The insurer's recourse against him for the compensation it paid without proving that the breach contributed to the occurrence of theCommercial and Labour — Volume 9 · Source page ١٨٩
  40. Principle 1036The insurer's recourse against the insured for the amount of compensation it paid, based on Article 76 of the Traffic Regulations. Its criterion. The latter's consent to the vehicle being driven by a driver not holding aCommercial and Labour — Volume 9 · Source page ١٨٩
  41. Principle 1040Amendment of the rules of contractual liability. Within the contracting parties’ authority, within the limits of the law and public order. Effect thereof. Permissibility of including reasonable restrictions on the insureCommercial and Labour — Volume 9 · Source page ١٨٩
  42. Principle 1041The insurer's recourse action against the insured for the latter's breach of the terms of the insurance contract is brought against the insured and no one else. - 189 - CommercialCommercial and Labour — Volume 9 · Source page ١٨٩
  43. Principle 1042The insurer's right of recourse against the insured to recover compensation it paid when he breaches the reasonable restrictions in the policy concerning use of the vehicle, including driving the vehicle at a speed exceeCommercial and Labour — Volume 9 · Source page ١٩٠
  44. Principle 1044Insurance company. Its payment of Sharia-prescribed blood money to the injured party and its obtaining from him a discharge and an assignment of rights. Effect thereof. Its right of recourse against the person responsiblCommercial and Labour — Volume 9 · Source page ١٩٠
  45. Principle 1045The insurer's obligation to compensate the injured party for damage arising from the vehicle. It does not prevent the insurer from having recourse against that party as a liable person, not as an injured party. - The insCommercial and Labour — Volume 9 · Source page ١٩٠
  46. Principle 1046The insurer's right of recourse against the insured for the compensation it paid. The case in which it arises. The latter's breach of one of his obligations imposed by the contract and the law.Commercial and Labour — Volume 9 · Source page ١٩٠
  47. Principle 1047Combining the insurance amount and compensation. Impermissible. Reason therefor. It is impermissible to recover for the damage sustained twice, once from the insurer and again from the liable third party. - The general rCommercial and Labour — Volume 9 · Source page ١٩٠
  48. Principle 1048Recourse by a party to an insurance contract against the car's lessee in respect of a right arising from the insurance contract. Impermissible so long as the lessee has not acquired ownership of the insured car and is noCommercial and Labour — Volume 9 · Source page ١٩١
  49. Principle 1049The insurer's right of recourse against the insured for the amount of compensation it has paid in the cases specified in Article 76 of the Executive Regulations of the Traffic Law is a statutory rule even if the policy cCommercial and Labour — Volume 9 · Source page
  50. Principle 1050Using a vehicle for a purpose other than that stated in its licence booklet, and accepting passengers or placing a load exceeding that prescribed for it. Permits the insurer to seek recourse against the insured for the aCommercial and Labour — Volume 9 · Source page
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