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. - رجوع المؤمن على المؤمن له أو الغير المسئول

    Principle 1051The insurer's recourse to recover any compensation it may have paid to the insured or to a third party. Its criterion.Commercial and Labour — Volume 9 · Source page ١٩١
  2. Principle 1052The trial judge has authority to interpret contracts and draw such inferences as may be drawn from them. An example of interpreting the clauses contained in an insurance contract. - The driver of the insured vehicle alloCommercial and Labour — Volume 9 · Source page ١٩١
  3. Principle 1053The insurance company may have recourse against the company owning the insured vehicle that caused the accident for the compensation it paid, whether the violation was committed by that company, one of its subordinates, Commercial and Labour — Volume 9 · Source page ١٩١
  4. Principle 1054The insurer may have recourse against the insured for compensation it paid if the victim's injury and death resulted from the insured handing over his insured vehicle and his driving it while in a state of manifest intoxCommercial and Labour — Volume 9 · Source page ١٩١
  5. Principle 1055The insurer’s recourse action against the insured for the compensation it paid to the injured party, based on his breach of the insurance policy conditions by driving the car at a speed exceeding the prescribed limit. ItCommercial and Labour — Volume 9 · Source page ١٩٢
  6. Principle 1056The insurance company may have recourse against the insured for the amount of compensation it may have paid in two cases. Their nature: breach of reasonable conditions or the existence of one of the cases provided for inCommercial and Labour — Volume 9 · Source page ١٩٢
  7. Principle 1057Recourse by the insurance company against the insured for the amount of compensation it has paid. Its cases. The insured’s breach of the contractual restrictions specified in the insurance policy, or the existence of oneCommercial and Labour — Volume 9 · Source page ١٩٢
  8. Principle 1058The insurer's recourse against the insured where another person drives the insured vehicle while intoxicated. Its prerequisite. The insured's consent to the offender driving his car. Absence of such consent. Effect thereCommercial and Labour — Volume 9 · Source page ١٩٢
  9. Principle 1059The insured's breach of the duties or restrictions contained in the insurance policy concerning the use and driving of the vehicle. The insurer has the right of recourse against the insured for the compensation paid to tCommercial and Labour — Volume 9 · Source page ١٩٢

  10. - رجوع المضرور على المؤمن

    Principle 1060The insurer's recourse action against the insured for the compensation it paid to the injured person, based on his breach of the conditions of the insurance policy. It is time-barred upon the lapse of three years from thCommercial and Labour — Volume 9 · Source page ١٩٢
  11. Principle 1061The injured party's direct recourse against the insurer in cases other than compulsory motor insurance. Its condition. The insurance policy must contain a stipulation for the benefit of the third party who suffers the haCommercial and Labour — Volume 9 · Source page ١٩٣
  12. Principle 1062An obligation may have multiple sources while its subject matter remains one. Its effect. The existence of multiple creditors for a single debt, the creditor being able to claim against any debtor among them or bring an Commercial and Labour — Volume 9 · Source page ١٩٣
  13. Principle 1063The injured party's right of recourse against the insurer. Its nature and source, what suffices concerning, and what does not affect it. - Compulsory insurance against liability for motor vehicle accidents. Its nature.Commercial and Labour — Volume 9 · Source page ١٩٣
  14. Principle 1064The injured party's recourse against the insurance company for compensation for the damage sustained and covered by the insurance policy. Does not deprive him of his right of recourse against the person who caused the daCommercial and Labour — Volume 9 · Source page ١٩٣
  15. Principle 1065The provisions of the Civil Code. Their lack of a provision establishing a direct right for the injured party to claim compensation from the insurer. Its implication. The injured party may not have direct recourse againsCommercial and Labour — Volume 9 · Source page ١٩٣

  16. - استحقاق الفوائد القانونية عن الديون الناشئة عن التأمين

    Principle 1066The injured party's direct recourse against the insurer outside the case of compulsory insurance. Its condition: that the insurance policy contain a stipulation for the benefit of a third party pursuant to Articles 205, Commercial and Labour — Volume 9 · Source page ١٩٣
  17. Principle 1068Activities relating to insurance of all types. Commercial activities regardless of the capacity or intention of the person undertaking them. The implication thereof. An insurance contract is a commercial transaction subjCommercial and Labour — Volume 9 · Source page ١٩٤

  18. - وكلاء التأمين

    Principle 1069Activities relating to insurance in its various forms are considered commercial activities pursuant to Article 5 of the Commercial Law. Statutory interest of 7% is due for delay in payment of debts arising therefrom, froCommercial and Labour — Volume 9 · Source page ١٩٤
  19. Principle 1070Insurance agent. The requirement that he hold a special agency authorization from an insurance company satisfying the requisite conditions. What is required in this agency authorization.Commercial and Labour — Volume 9 · Source page ١٩٤
  20. Principle 1071The regulation governing insurance agents. Its requirement that the agent be registered in the Commercial Register at the Chamber of Commerce does not preclude the valid formation of an agency actually exercised or the pCommercial and Labour — Volume 9 · Source page ١٩٤

  21. - الحق المقرر قبل مرتكب الفعل الضار هو حق مدني لا ينتج فوائد

    Principle 1072The law’s requirement that insurance agents be registered with the Chamber of Commerce and the Commercial Register. Does not prevent the valid formation of the agency they actually conduct despite the absence of this regCommercial and Labour — Volume 9 · Source page ١٩٤

  22. - تجارية عقد التأمين

    Principle 1074The insured may not receive compensation exceeding the value of the damage. This is not altered by the insured amount exceeding that value. - The commercial character of the insurance contract:-Commercial and Labour — Volume 9 · Source page ١٩٥
  23. Principle 1075Acts relating to insurance of all types. Commercial acts irrespective of the capacity or intention of the person performing them. Consequence thereof. An insurance contract is a commercial act governed by the provisions Commercial and Labour — Volume 9 · Source page ١٩٥

  24. - أحكام التأمين التي تتصل بالنظام العام

    Principle 1076Transactions relating to insurance of its various types are deemed commercial transactions pursuant to Article Five of the Commercial Law. Statutory interest of 7% is payable for delay in discharging debts arising therefCommercial and Labour — Volume 9 · Source page ١٩٥
  25. Principle 1078Insurance against damage is void if not based on a legitimate economic interest. Necessary consequence thereof. Insurance against risks not sanctioned by law is impermissible. Example concerning the invalidity of insuranCommercial and Labour — Volume 9 · Source page ١٩٥

  26. - تقادم الدعاوى الناشئة عن عقد التأمين

    Principle 1079The insured's combining the insurance amount and compensation. Impermissible. - 195 - Commercial - The insured's recourse against the third party responsible for the accident on the basis of tort liability. ImpermissibleCommercial and Labour — Volume 9 · Source page ١٩٥
  27. Principle 1080When actions arising from an insurance contract become time-barred. - Limitation of insurance actions. It relates to the underlying right and is governed, regarding its temporal application, by Article Five of the Civil Commercial and Labour — Volume 9 · Source page ١٩٦
  28. Principle 1081Calculation of the limitation period for the injured party's action against the person liable for his unlawful act from the date of issuance of the final criminal judgment. The effect thereof on the liable insurer's recoCommercial and Labour — Volume 9 · Source page ١٩٦
  29. Principle 1082Actions arising from an insurance contract, including the insurer's recourse action against the insured for the compensation paid to the injured party. Their being subject to the three-year limitation period. The commencCommercial and Labour — Volume 9 · Source page ١٩٦
  30. Principle 1083An insurer's recourse action against the insured for the compensation paid to the injured party, based on the insured's breach of the insurance policy conditions, is time-barred upon the lapse of three years from the dayCommercial and Labour — Volume 9 · Source page ١٩٦
  31. Principle 1084The content of the contract includes its terms and the legal rules applicable to it, which are considered part thereof. - Recourse by the insurer against the insured for the compensation it has paid in the cases set out Commercial and Labour — Volume 9 · Source page ١٩٦
  32. Principle 1085The 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 it paid in the cases specified in Article 76 of the Executive ReguCommercial and Labour — Volume 9 · Source page ١٩٦
  33. Principle 1086Actions arising from an insurance contract. Their limitation period. Three years. This includes the insurer’s action for recourse for compensation paid to the injured party because of a breach of the contract’s conditionCommercial and Labour — Volume 9 · Source page ١٩٧
  34. Principle 1088The injured party’s direct action against the insurer. Its subjection to the three-year limitation period. The basis thereof. Commencement of its period. From the time the unlawful act occurs. Applicability of the generaCommercial and Labour — Volume 9 · Source page ١٩٧
  35. Principle 1089The insurer's recourse action against the insured for compensation paid to the injured party, based on his breach of the insurance policy's terms by driving the vehicle at a speed exceeding the prescribed limit. Barred uCommercial and Labour — Volume 9 · Source page ١٩٧
  36. Principle 1090Actions arising from an insurance contract are time-barred upon the expiry of three years from the occurrence of the event giving rise to those actions, unless the law provides otherwise. Exception: the insured’s action Commercial and Labour — Volume 9 · Source page ١٩٧
  37. Principle 1091The insurer’s recourse action against the liable third party for compensation paid to the injured party is not considered an action arising from the insurance contract. The basis on which it rests and the limitation periCommercial and Labour — Volume 9 · Source page ١٩٧
  38. Principle 1092Extinction of a right by prescription. Unknown in Islamic jurisprudence. Its making the hearing of an action asserting a right barred by - 197 - Commercial the passage of time. The legislature's fixing its period at fiftCommercial and Labour — Volume 9 · Source page ١٩٧

  39. - إبطال عقد التأمين

    Principle 1093Actions arising from an insurance contract. Barred upon the lapse of 3 years from the occurrence of the event giving rise to those actions. Exception. Where the cause of action arises from a third party's recourse againsCommercial and Labour — Volume 9 · Source page ١٩٨
  40. Principle 1094The insured must clearly disclose, at the time of concluding the contract, all circumstances known to the insured which the insurer has an interest in knowing so as to assess the risks it assumes. The insured's silence iCommercial and Labour — Volume 9 · Source page ١٩٨
  41. Principle 1095Insurance contract. The insured must disclose all circumstances known to the insurer at the time the contract is concluded. The insured's failure to act or provision of an incorrect statement capable of changing the subjCommercial and Labour — Volume 9 · Source page ١٩٨

  42. - التأمين في القانون الأردني

    Principle 1097Establishment that the Jordanian vehicle insurance regime covering damage to third parties applies to the facts of the dispute. This regime's limitation of the insurance company's liability for bodily injuries sustained Commercial and Labour — Volume 9 · Source page ١٩٩

  43. التأمين البحري

    Principle 1101The insured's obligation to preserve the insurer's right of recourse against third parties for compensation it pays. Example concerning an insured who omitted to enter a reservation against the carrier. - The insurer's rCommercial and Labour — Volume 9 · Source page ١٩٩
  44. Principle 1102Determining the information that must be disclosed and not concealed. A matter of fact. Example concerning the name of the ship on which the insured goods were shipped, as not being information of significance in relatioCommercial and Labour — Volume 9 · Source page ٢٠٠
  45. Principle 1103The clause exempting from partial loss. Its implication. The scope of the burden of proof resting on the insured.Commercial and Labour — Volume 9 · Source page ٢٠٠
  46. Principle 1104The clause exempting the insurer from particular partial loss. Its scope. Total loss of part of the goods, whatever its proportion. Its treatment as a partial loss outside the scope of coverage unless the goods are in seCommercial and Labour — Volume 9 · Source page ٢٠٠
  47. Principle 1105Inclusion in the insurance policy of a clause exempting from particular partial loss. Its effect. All particular partial loss falls outside the scope of coverage, except that occurring as a result of the vessel's strandiCommercial and Labour — Volume 9 · Source page ٢٠٠
  48. Principle 1107The marine insurance contract. An indemnity contract. The injured party may not receive more than the compensation making good the damage to the maritime consignment. The insured’s inability to enforce the compensation jCommercial and Labour — Volume 9 · Source page
  49. Principle 1108Suspension of the barring limitation period between the principal and the representative is confined to actions arising from the representation, to the exclusion of others. - A judgment is not vitiated by an error in theCommercial and Labour — Volume 9 · Source page
  50. Principle 1110The floating marine insurance policy or subscription policy. Its nature. - 200 - Commercial Sole proprietorshipCommercial and Labour — Volume 9 · Source page
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