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. - الشرط الفاسخ الصريح والشرط الفاسخ الضمني

    Principle 2401Termination of the contract for works owing to impossibility of performance for a cause in which neither party had any part. Effect thereof. The obligations of both parties are extinguished, the contract for works is resCommercial and Labour — Volume 9 · Source page ٤١٤
  2. Principle 2402An implied resolutory condition and an express resolutory condition. The rule governing each. The court's authority in relation to them.Commercial and Labour — Volume 9 · Source page ٤١٤
  3. Principle 2403A request for rescission of the contract pursuant to Article 172 of the former Commercial Code No. 2/1962. Granting or not granting it is within the authority of the trial court so long as its conclusion is reasonable.Commercial and Labour — Volume 9 · Source page ٤١٤
  4. Principle 2404The cause of the obligation in a bilateral contract is the obligation of the other contracting party. - The general rules governing reciprocal obligations in bilateral contracts entitle the party obliged to perform a speCommercial and Labour — Volume 9 · Source page ٤١٤

  5. - تحول العقد

    Principle 2405The challenged judgment, affirming the first-instance judgment, concluding that the contract underlying the dispute is a contract for the sale of a vehicle by instalments and applying the express resolutory condition. A Commercial and Labour — Volume 9 · Source page ٤١٥

  6. - العقد الإداري

    Principle 2406Conversion of a void contract. Its condition. That it contain the constituent elements of another valid contract and that evidence establish that the contracting parties would have intended to be bound by the new contracCommercial and Labour — Volume 9 · Source page ٤١٥
  7. Principle 2407Applicability of the provisions of the Commercial Code to the administrative authority’s obligations arising from an administrative contract whenever it is regarded as commercial in relation to the other party. The basisCommercial and Labour — Volume 9 · Source page ٤١٥
  8. Principle 2408The Administrative Circuit's jurisdiction concerning contracts. Its limitation to administrative contracts. - Administrative contract. Its nature. Lease contracts concluded by administrative bodies with third parties conCommercial and Labour — Volume 9 · Source page ٤١٥

  9. - العقد الشكلي

    Principle 2410Form is not an essential element of a contract unless the law or the contracting parties stipulate it. - This applies to agreements arranged by the contract, whether prior or subsequent. Absence of form. Its effect. NullCommercial and Labour — Volume 9 · Source page ٤١٦
  10. Principle 2412Official form is an essential element in the creation of a mortgage over a business. The sanction for failure to observe it. Nullity of the mortgage.Commercial and Labour — Volume 9 · Source page ٤١٦
  11. Principle 2413The legislature’s imposition of a particular form for a contract or its amendment. Its aim of serving a public interest connected with public policy. Absence of the formality. Its effect. Non-existence of the contract orCommercial and Labour — Volume 9 · Source page ٤١٦
  12. Principle 2417Memorandum of association of a limited liability company. Its conclusion or amendment, or assignment of the partners' shares. These may be in a single official instrument. Condition for this.Commercial and Labour — Volume 9 · Source page ٤١٧
  13. Principle 2418Both the memorandum of incorporation of a joint-stock company and its articles of association must be drawn up in an official instrument. Failure to observe this. Its effect: nullity. Example. - The agency must satisfy tCommercial and Labour — Volume 9 · Source page ٤١٧
  14. Principle 2419A contract containing a sale of a commercial establishment. Failure to embody it in an official instrument. The sale is void. Extension of the nullity to the establishment's licence so long as it was effected through priCommercial and Labour — Volume 9 · Source page ٤١٧
  15. Principle 2420An authentic instrument is necessary for the formation of limited liability companies and for any partner’s assignment of his share therein. Failure to complete this. Its effect: nullity. - A void contract does not, of iCommercial and Labour — Volume 9 · Source page ٤١٧

  16. - عقد بيع المتجر

    Principle 2421The memorandum of association of a limited liability company, its amendment agreement, or an agreement transferring partners' shares therein. It must be written in an official instrument for the disposition to be constitCommercial and Labour — Volume 9 · Source page ٤١٧

  17. - عقد بيع السيارة والشاحنة

    Principle 2422A contract containing a sale of a commercial establishment. Failure to embody it in an official instrument. The sale is void - Extension of nullity to the establishment’s licence as long as it was effected through prior Commercial and Labour — Volume 9 · Source page ٤١٨

  18. - العقد الزمني

    Principle 2424Business undertaking. Its inclusion of tangible and intangible elements. Their nature. Restriction of the sale of a business undertaking to some of these elements. Its being regarded as a sale of the commercial establishCommercial and Labour — Volume 9 · Source page ٤١٨
  19. Principle 2425The effect of nullity does not extend to the past in contracts of successive performance. The reason therefor. What has been performed cannot be restored. - 418 - CommercialCommercial and Labour — Volume 9 · Source page ٤١٨

  20. - العقد المستمر

    Principle 2426Granting a contract to operate commercial premises to someone other than those to whom the legislature reserved the right to operate them individually. Effect. Absolute nullity. Implication of this nullity. The contract Commercial and Labour — Volume 9 · Source page ٤١٩

  21. - عقد الاتفاق على شرط التحكيم

    Principle 2428The statutes of the fellowship fund. A standard-form contract governed in its application by its provisions. Its absence of restrictions or time limits for claiming the assistance prescribed for its members. Its consequeCommercial and Labour — Volume 9 · Source page ٤١٩

  22. - عقد الاستثمار من الباطن

    Principle 2429Jurisdiction to determine all disputes belongs to the courts. The exception. An agreement between the litigants to refer any dispute arising between them concerning performance of a specified contract to an arbitrator orCommercial and Labour — Volume 9 · Source page ٤١٩

  23. - عقد الاشتراط

    Principle 2430State-owned industrial plots. They are not considered public property but rather part of the State's private property. The effect thereof: the State's approval of the allottee's assignment of the industrial plot creates Commercial and Labour — Volume 9 · Source page ٤٢٠
  24. Principle 2431Stipulation for the benefit of a third party. What it permits a person to do when contracting on their own behalf and the consequences thereof. - The beneficiary under a stipulation contract may be a person not individuaCommercial and Labour — Volume 9 · Source page ٤٢٠
  25. Principle 2432Stipulation for the benefit of a third party. Its nature. An agreement by a person contracting on his own behalf with the person with whom he contracts that the latter shall assume certain obligations which he undertakesCommercial and Labour — Volume 9 · Source page ٤٢٠

  26. - عقد الاعتماد المستندي

    Principle 2433A person who contracts on his own behalf. He may agree with the person with whom he contracts that the latter shall assume specific obligations which he undertakes to perform for a third party, the recipient of the benefCommercial and Labour — Volume 9 · Source page ٤٢٠
  27. Principle 2436Documentary credit. Its nature. Its independence from the contract for which it was opened. The bank remains a stranger to that contract. Independence of the bank-beneficiary relationship from the relationship between thCommercial and Labour — Volume 9 · Source page ٤٢١

  28. - عقد البيع

    Principle 2438A documentary credit is a contract under which the bank undertakes to open a credit at the request of one of its customers in favour of another person, the beneficiary, against documents representing goods being transporCommercial and Labour — Volume 9 · Source page ٤٢١
  29. Principle 2440Difference in the kind of goods agreed upon with the seller. The reference in this respect is the agreement concluded between the parties or commercial custom. - The Commercial Code's provisions on commercial sales contaCommercial and Labour — Volume 9 · Source page ٤٢١

  30. - عقد البيع بالتقسيط

    Principle 2442A contract for the sale of a commercial establishment need not include all its necessary elements or be made by the owner of the real estate or the operator of the plot. It suffices that it includes the essential elementCommercial and Labour — Volume 9 · Source page ٤٢٢

  31. - عقد بيع الوفاء

    Principle 2443An agreement to conceal an installment sale contract under the guise of a lease, describing the price as rent, upon full payment of which the contract becomes a sale contract. The legislature's disregarding this, adoptinCommercial and Labour — Volume 9 · Source page ٤٢٢

  32. - عقد الإيجار

    Principle 2444A sale with a right of redemption is the seller's reservation, at the time of sale, of the right to recover the property sold in return for repayment of the price and expenses. Its import. The contract is deemed a loan sCommercial and Labour — Volume 9 · Source page ٤٢٢
  33. Principle 2447Law 78/35 concerning the leasing of real estate. What falls outside its scope of application: lease contracts containing essential terms that are unusual in ordinary leases.Commercial and Labour — Volume 9 · Source page ٤٢٣

  34. - عقد التأمين

    Principle 2456The insurance policy conditions which may be invalidated are the abusive conditions contrary to the essence of the contract and to public order, not the reasonable ones.Commercial and Labour — Volume 9 · Source page ٤٢٤
  35. Principle 2462An insurance contract is concluded by submission of an application by the insured and acceptance of the application by the insurer, without the need for the insured to sign the policy and its terms.Commercial and Labour — Volume 9 · Source page ٤٢٥
  36. Principle 2463An insurance contract may include a clause forfeiting the insured’s right of recourse against the insurer as a penalty for breach of the contract - Its condition - The insurer’s compliance with the formal and substantiveCommercial and Labour — Volume 9 · Source page ٤٢٥
  37. Principle 2469Interpretation of contracts and disputed conditions. Within the authority of the court of merits. It is not bound by what a particular expression therein states. It must adopt what the entirety of the contract's expressiCommercial and Labour — Volume 9 · Source page ٤٢٦
  38. Principle 2470The terms contained in the insurance policy. The scope of their application. Their restriction to the relationship between its two parties.Commercial and Labour — Volume 9 · Source page ٤٢٦
  39. Principle 2472The insurer's recourse action against the insured for the latter's breach of the terms of the insurance contract. Brought against the insured and no one else.Commercial and Labour — Volume 9 · Source page ٤٢٦
  40. Principle 2473Assessment of whether or not the risk giving rise to coverage has materialised in accordance with the terms of the insurance policy. A matter of fact independently assessed by the trial court. Condition therefor.Commercial and Labour — Volume 9 · Source page ٤٢٦
  41. Principle 2474The marine insurance contract. Its nature. Its scope. Coverage of marine risk during the sea voyage. The consequence thereof is the exclusion of risks occurring in the cold unless the insurance policy expressly provides Commercial and Labour — Volume 9 · Source page ٤٢٦
  42. Principle 2475The contract is the law of the contracting parties. Neither may unilaterally diminish or amend it except within the limits permitted by the agreement or prescribed by law. Example. Insurance contract.Commercial and Labour — Volume 9 · Source page ٤٢٦
  43. Principle 2476A defence involving facts that was not previously raised before the trial court. It may not be invoked for the first time before the Court of Cassation. Example. Dissolution of the insurance contract because of the IraqiCommercial and Labour — Volume 9 · Source page ٤٢٦
  44. Principle 2477Activities relating to insurance of all kinds are commercial activities. The effect thereof. The provisions of the Commercial Code apply to them.Commercial and Labour — Volume 9 · Source page ٤٢٦
  45. Principle 2480The insurer may have recourse against the insured for the amount of compensation it may have paid in several cases set out in Article 76 of the Executive Regulations of the Traffic Law.Commercial and Labour — Volume 9 · Source page
  46. Principle 2481The insured's relationship with the person he designates as beneficiary in the insurance contract. Governed by the rules of stipulation for the benefit of a third party. The effect thereof.Commercial and Labour — Volume 9 · Source page
  47. Principle 2482The insured in marine insurance. He may not receive compensation exceeding the value of the damage or combine the insurance amount with compensation owed to him by a third party. Reason therefor: its basis. Articles 267/Commercial and Labour — Volume 9 · Source page
  48. Principle 2483Absence of an express and conspicuous provision in an insurance contract, other than life insurance, agreeing to its extension; its effect and what does not alter it.Commercial and Labour — Volume 9 · Source page
  49. Principle 2484Rules of liability in a marine insurance contract. Conditions for their amendment. Restrictions on such amendment. Substantive terms disregarded for being abusive. Their nature.Commercial and Labour — Volume 9 · Source page
  50. Principle 2485The insurer's recourse action against the insured for the compensation it paid to the injured party. It is time-barred upon the expiry of three years from the day the insurer paid the compensation amount. Example.Commercial and Labour — Volume 9 · Source page
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