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. - الشكلية كركن في بعض العقود

    Principle 2233The contract of a limited liability company. Official form is an essential element thereof, of a contract assigning any partner's share therein, and of the power of attorney issued to a third party to execute it. ContravCommercial and Labour — Volume 9 · Source page ٣٩٠

  2. - سبب العقد

    Principle 2235Cause of the obligation. Its meaning. In contracts binding on both parties. The obligation of one contracting party constitutes the cause of the other's obligation. The existence of the cause at the time the contract is Commercial and Labour — Volume 9 · Source page ٣٩١
  3. Principle 2236The cause of a contract is one of its essential elements. An obligation under the contract without a cause or with an unlawful cause. Its effect. Nullity of the contract. Example concerning the nullity of operating a carCommercial and Labour — Volume 9 · Source page ٣٩١
  4. Principle 2237The issuer's signature on the instrument. Its necessary consequence. His obligation to pay its value even if the cause of the indebtedness is not stated with it. Reason: a lawful cause is presumed for every contract unleCommercial and Labour — Volume 9 · Source page ٣٩١
  5. Principle 2239The cause of a contract is one of its essential elements. An obligation under a contract without a cause or with an unlawful cause. Its effect. Nullity of the contract. An example concerning the nullity of a contract forCommercial and Labour — Volume 9 · Source page ٣٩١

  6. - محل العقد

    Principle 2241Cause in contracting. It is the purpose the contracting party seeks by assuming his obligation. The purpose of contracting need not be stated in the debt instrument. The court may infer it from the facts of the case. - TCommercial and Labour — Volume 9 · Source page ٣٩١
  7. Principle 2242The subject matter of an obligation may be a fungible or non-fungible thing. The nature of a fungible thing and a non-fungible thing. The same thing may be fungible or non-fungible according to its nature, the intention Commercial and Labour — Volume 9 · Source page ٣٩٢
  8. Principle 2243The absence from a contract for the sale of a commercial establishment of a statement of the business's tangible and intangible elements. Does not in itself indicate that the sale does not include them. To regard the conCommercial and Labour — Volume 9 · Source page ٣٩٢

  9. أ- الإكراه

    Principle 2245Assessment of the means of duress. A question of fact within the sole discretion of the judge of merits. The court's finding that no duress affecting consent occurred. It is not obliged to conduct an investigation which Commercial and Labour — Volume 9 · Source page ٣٩٢
  10. Principle 2247Duress invalidating consent. What constitutes it. And its necessary consequence. Assessment of the means of duress, their degree of gravity and their effect on the contracting party's mind. A question of fact.Commercial and Labour — Volume 9 · Source page ٣٩٢
  11. Principle 2248Duress that vitiates consent. Fear unlawfully instilled, under whose sway a person falls through the use of a means of pressure to attain an unlawful purpose. Article 156, Civil Code. - The defence that a blank cheque waCommercial and Labour — Volume 9 · Source page ٣٩٢

  12. ب- التدليس

    Principle 2249Duress vitiating consent. Its condition. The burden of proving it rests upon the person alleging it. b- Fraud:-Commercial and Labour — Volume 9 · Source page ٣٩٣

  13. ج- الغبن

    Principle 2251When a contract may be annulled for fraud. What is meant by mistake and what is meant by fraud. C- Lesion:-Commercial and Labour — Volume 9 · Source page ٣٩٣

  14. د- الغلط

    Principle 2254The mistake leading to avoidance of a contract. It is a mistake shared by the other contracting party, or of which he knew or could have known. A unilateral mistake is insufficient, even if fundamental.Commercial and Labour — Volume 9 · Source page ٣٩٣
  15. Principle 2256Assessing whether a contracting party acted under a mistake or denying that he did. Within the authority of the court of merits, provided it is reasonable.Commercial and Labour — Volume 9 · Source page ٣٩٣
  16. Principle 2257The burden of proving mistake and fraudulent misrepresentation lies upon the party invoking them. Ascertaining their elements and assessing whether they are established. Within the trial court’s authority. - 393 - CommerCommercial and Labour — Volume 9 · Source page ٣٩٣
  17. Principle 2258The occurrence or absence of mistake is a question of fact independently determined by the trial judge. The condition for that. Basing his judgment on what supports that conclusion.Commercial and Labour — Volume 9 · Source page ٣٩٤

  18. - أثر العقد

    Principle 2260The insurer’s right of recourse against the insured for the amount of compensation it paid in the cases specified in Article 76 of the Executive Regulations of the Traffic Law is a statutory rule, even if the policy contCommercial and Labour — Volume 9 · Source page ٣٩٤
  19. Principle 2261All consequences of the contract accrue to the principal. Its conclusion outside the limits of the agency. Its effects. They do not accrue to the principal unless he ratifies it expressly or implicitly.Commercial and Labour — Volume 9 · Source page ٣٩٤
  20. Principle 2262A contract of carriage creates rights for the consignee and imposes obligations upon him, although he was not a party to the contract. The basis thereof. Articles 445 and 459 of the former Commercial Code. The consignee'Commercial and Labour — Volume 9 · Source page ٣٩٤
  21. Principle 2263Successive agencies in each of which the agent is authorized to appoint another agent for what he himself was entrusted with. The contract concluded by the last of the agents. Its effects operate in respect of the originCommercial and Labour — Volume 9 · Source page ٣٩٤
  22. Principle 2264The contract governs the relationship between the contracting parties so long as it does not contravene public policy.Commercial and Labour — Volume 9 · Source page ٣٩٤
  23. Principle 2265Reliance on custom. There is no basis for it if the parties have agreed otherwise. - 394 - CommercialCommercial and Labour — Volume 9 · Source page ٣٩٤
  24. Principle 2266The contract of carriage by sea. Its definition and effects. The carrier's obligation. An obligation to achieve a result. His liability is not discharged unless he proves that the loss of or damage to the goods is attribCommercial and Labour — Volume 9 · Source page ٣٩٥
  25. Principle 2267Applying the rules of tort liability where a contractual relationship exists. Impermissible unless fraud or gross fault is present. - Asserting the existence of a necessary deposit within a contractual relationship. No pCommercial and Labour — Volume 9 · Source page ٣٩٥
  26. Principle 2268The principle that the creditor bears the burden of proving the debt and the debtor bears the burden of proving discharge from it. Its scope of application is when the creditor demands that the debtor perform his obligatCommercial and Labour — Volume 9 · Source page ٣٩٥
  27. Principle 2269A deposit of necessity does not arise so long as a contractual relationship exists. The basis for this.Commercial and Labour — Volume 9 · Source page ٣٩٥
  28. Principle 2270Reliance on an unjust enrichment action to claim compensation for the lost benefit from performing brokerage activities whose practice was adjudged void for contravening public policy. These activities cannot serve as a Commercial and Labour — Volume 9 · Source page ٣٩٥
  29. Principle 2271Existence of a contractual relationship. Its necessary consequence. No action for enrichment cause arises. The reason thereof.Commercial and Labour — Volume 9 · Source page ٣٩٥

  30. - المسئولية العقدية

    Principle 2272The contract is the law of the contracting parties. Neither may unilaterally revoke or amend it. The limits of this. - Contractual liability:-Commercial and Labour — Volume 9 · Source page ٣٩٥
  31. Principle 2273The trial judge's right to infer whether or not a contracting party breached his obligation so as to entail contractual liability. Its condition. The inference must be tenable and derived from elements leading to it. ExaCommercial and Labour — Volume 9 · Source page ٣٩٥
  32. Principle 2274The sea carrier’s obligation to transport the goods from the port of shipment to the port of arrival within the specified time. Occurrence of loss, damage or destruction. Presumption that it occurred during the sea voyagCommercial and Labour — Volume 9 · Source page ٣٩٥
  33. Principle 2276The debtor's obligation. Its extinguishment if, after it arises, something occurs that renders its performance impossible owing to a cause extraneous to him, such as force majeure. It is immaterial whether the impossibilCommercial and Labour — Volume 9 · Source page ٣٩٦
  34. Principle 2277The contracting parties' freedom to modify the rules of contractual liability within the limits of the law and public policy. - The insurance policy's inclusion of reasonable restrictions on the insured in using and drivCommercial and Labour — Volume 9 · Source page ٣٩٦
  35. Principle 2278Compensation in contractual liability is confined to foreseeable direct damage except in the cases of fraud and gross fault. Loss of the opportunity to benefit from the provisions of Law No. 43 of 1993 cancelling car insCommercial and Labour — Volume 9 · Source page ٣٩٦

  36. - اقتصار أثر العقد على طرفيه وخلفهما العام

    Principle 2279Action for the carrier's liability for damage to or partial loss of goods. Subject to one-year prescription. When it begins. Actions subject to it. Action for the carrier's contractual liability. - Limitation of the effeCommercial and Labour — Volume 9 · Source page ٣٩٦
  37. Principle 2280The effect of a contract. Confined to its parties. The rights arising from it and the obligations generated by it extend only to its contracting parties and their universal successors. The parties to a contract may not, Commercial and Labour — Volume 9 · Source page ٣٩٦

  38. - الاشتراط لمصلحة الغير

    Principle 2281Restriction of the effect of a contract to its parties and universal or particular successors or creditors. Its import. The rights and obligations arising therefrom extend only to its contracting parties. - Stipulation fCommercial and Labour — Volume 9 · Source page ٣٩٧
  39. Principle 2282The agreement made between the stipulator and the beneficiary governs their relationship in a stipulation for the benefit of a third party. If the agreement is a gift, the beneficiary is not obliged to render anything toCommercial and Labour — Volume 9 · Source page ٣٩٧
  40. Principle 2283A person who contracts with himself. He may agree with his contracting party that the latter shall assume specific obligations which he undertakes to perform for a third party (the beneficiary). The latter may be a persoCommercial and Labour — Volume 9 · Source page ٣٩٧

  41. - تكملة أحكام العقد بأحكام القانون الذي ينظمه

    Principle 2284Direct recourse by the injured party against the insurer outside compulsory insurance. Its condition. The insurance policy must contain a stipulation for the benefit of a third party pursuant to Articles 205, 206 of the Commercial and Labour — Volume 9 · Source page ٣٩٧

  42. - تكييف العقد

    Principle 2285The absence from the Private Sector Labour Law of a provision regulating the accrual of interest on financial obligations arising from an employment contract. Its effect. Recourse must be had to the provisions of the CivCommercial and Labour — Volume 9 · Source page ٣٩٧
  43. Principle 2286Characterization of contracts. Its criterion is what the contracting parties intended by them. Ascertaining that. A matter of fact. The intention of the contracting parties and what their common intention was directed toCommercial and Labour — Volume 9 · Source page ٣٩٧
  44. Principle 2288Characterization of contracts. The governing criterion. Ascertainment of intent. A matter of fact. It may not be debated before the Court of Cassation. Condition for this.Commercial and Labour — Volume 9 · Source page ٣٩٨
  45. Principle 2289Completion of the contract and its being considered binding evidence against both parties. Its condition. That it be signed by both of them with signatures not mentioned.Commercial and Labour — Volume 9 · Source page
  46. Principle 2290The trial court has full authority to interpret the contract, understand the contracting parties’ intention, and give it the correct legal characterization, without review by the Court of Cassation, provided that it is rCommercial and Labour — Volume 9 · Source page
  47. Principle 2291The criterion for characterizing a contract. The common intention of the contracting parties at the time of its conclusion. Ascertaining it falls within the trial court's authority. Condition thereof.Commercial and Labour — Volume 9 · Source page
  48. Principle 2292The validity of the finding that the contract does not signify the sale of commercial premises but rather their lease, whenever that finding is reasonable in light of the circumstances and context of contracting and the Commercial and Labour — Volume 9 · Source page
  49. Principle 2293Characterizing a contract as a transport commission agency, ordinary agency, or brokerage. Criterion therefor. The authority of the court of the merits to characterize the contract and ascertain the contracting parties’ Commercial and Labour — Volume 9 · Source page
  50. Principle 2294Characterisation of the contract. The determining consideration therein. What the contracting parties intended. Determining this. Within the authority of the court of merits. Subordination and remuneration. The two essenCommercial and Labour — Volume 9 · Source page
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