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. - عقد التأمين

    Principle 2486Rights and obligations arising from the insurance contract. Their transfer to the person to whom ownership of the insured thing has passed. The reason therefor.Commercial and Labour — Volume 9 · Source page ٤٢٧
  2. Principle 2487Rescission of a contract. Its effect. Restoring the contracting parties to the position they were in at the time of contracting. A continuing contract is excepted from this. Dissolution is limited to the future, not the Commercial and Labour — Volume 9 · Source page ٤٢٧
  3. Principle 2488The insurer's right of recourse against the insured subject for the amount of compensation it paid in the cases specified in Article - 427 - Commercial 76 of the Executive Regulations of the Traffic Law is a statutory ruCommercial and Labour — Volume 9 · Source page ٤٢٧
  4. Principle 2489An insurance contract is a consensual contract. The criterion for its formation. The insurer’s signature on the insurance policy. Not necessary.Commercial and Labour — Volume 9 · Source page ٤٢٨
  5. Principle 2490Risks covered by the marine insurance policy. - War risks are exceptional risks. Inability to determine whether the damage resulted from a marine risk or a war risk. Its effect. Presumption that the risk is a marine riskCommercial and Labour — Volume 9 · Source page ٤٢٨
  6. Principle 2491The contracting parties’ freedom to modify the rules of contractual liability created by their free will. The condition thereof. - Agreement on the insurer’s right of recourse against the insured to recover compensation Commercial and Labour — Volume 9 · Source page ٤٢٨
  7. Principle 2492Conclusion of the insurance contract. Offer and acceptance. The insured's signature on the insurance application suffices as an offer, and the insurer's delivery of the policy signed by it suffices as acceptance. DeliverCommercial and Labour — Volume 9 · Source page ٤٢٨
  8. Principle 2493The driver of the insured car permitting riding on its exterior door. This is not one of the cases provided for in Article 76 of the Executive Regulations of the Traffic Law. The insurer’s recourse against the insured foCommercial and Labour — Volume 9 · Source page ٤٢٨
  9. Principle 2494The contracting parties' freedom to modify the rules of contractual liability created by their free will, within the limits of the law and rules of public policy. - The insurer may have recourse against the insured for cCommercial and Labour — Volume 9 · Source page ٤٢٩
  10. Principle 2495The insurer’s subrogation to the insured or injured party in recourse against the liable third party for what it has paid, without the need to take procedural steps. - The subrogation action brought by the insurer againsCommercial and Labour — Volume 9 · Source page ٤٢٩
  11. Principle 2496Liability insurance may extend beyond the liability of the party contracting with the insurer alone. It may cover the liability of any person who causes the accident specified in the contract, even if the party contractiCommercial and Labour — Volume 9 · Source page ٤٢٩
  12. Principle 2497Permissibility of invalidating abusive conditions contained in an insurance contract that contradict the essence of the contract, and disregarding them for contravening public order. Example of an abusive condition contrCommercial and Labour — Volume 9 · Source page ٤٢٩
  13. Principle 2498The insurer's recourse action against the responsible third party for compensation paid to the injured party. It is not considered among actions arising from the insurance contract and those based on statutory subrogatioCommercial and Labour — Volume 9 · Source page ٤٢٩
  14. Principle 2499It is void if it is not based on a legitimate economic interest. The necessary consequence thereof. Insurance against risks not sanctioned by law is impermissible. An example concerning the nullity of insurance against rCommercial and Labour — Volume 9 · Source page ٤٢٩
  15. Principle 2501Insurance contract. Its nature. It is a contract under which the insurer undertakes to pay the insured or beneficiary a sum of money, a periodic income or any other financial consideration upon the occurrence of the acciCommercial and Labour — Volume 9 · Source page ٤٢٩
  16. Principle 2502Absence of liability of the driver of the vehicle causing the accident for his personal acts because the element of fault is absent and his liability as the direct actor is not established. Its necessary consequence. AbsCommercial and Labour — Volume 9 · Source page ٤٣٠
  17. Principle 2504Payment of a debt. Its effect. Subrogation of the payer to the creditor’s position. - The insurer and the third party responsible for the car accident. The source of each one’s obligation to compensate differs: the firstCommercial and Labour — Volume 9 · Source page ٤٣٠
  18. Principle 2505The general rule is the contracting parties' freedom to modify the rules of liability. The condition for that. Observance of the limits of the law and the rules of public policy. - Inclusion in the insurance policy, in eCommercial and Labour — Volume 9 · Source page ٤٣٠
  19. Principle 2506The insurer and the third party responsible for the accident being liable for the same debt, although the source of each obligation differs—the first being the insurance contract and the second the wrongful act. Its effeCommercial and Labour — Volume 9 · Source page ٤٣٠
  20. Principle 2507The insured’s obligation, clearly at the time of concluding the contract, all circumstances known to him which it is important for the insurer to know in order to assess the risks it assumes. His silence concerning this Commercial and Labour — Volume 9 · Source page ٤٣٠
  21. Principle 2508Interpretation of contracts, instruments and stipulations to ascertain the intention of their parties. Within the authority of the court of the merits. Its condition. - The judgment's order requiring the insurance companCommercial and Labour — Volume 9 · Source page ٤٣١
  22. Principle 2511Insurance policy. The insurer's exclusion from insurance coverage of any act committed by the insured in violation of regulations and laws. An unspecified exclusion that is disregarded. The insurer's specification of theCommercial and Labour — Volume 9 · Source page ٤٣١
  23. Principle 2512Insurance against occupational injuries. It is insurance of a debt owed by the insured, the subject of which is the risks specified in the insurance contract, thereby conferring an indemnity character upon it. - Terms reCommercial and Labour — Volume 9 · Source page ٤٣١
  24. Principle 2514Interpretation of contractual wording and disputed terms. Within the authority of the trial judge. Its condition. An example concerning an insurance contract.Commercial and Labour — Volume 9 · Source page ٤٣٢
  25. Principle 2515Insurance contract terms relating to nullity, forfeiture or arbitration. The condition for invoking them. Displaying them distinctively. Example.Commercial and Labour — Volume 9 · Source page ٤٣٢
  26. Principle 2516The insurer's coverage. Its scope is determined by the limits stipulated in the insurance policy and what is agreed therein.Commercial and Labour — Volume 9 · Source page ٤٣٢
  27. Principle 2517The condition for invoking against the insured, pursuant to Article 782 of the Civil Code, the conditions relating to nullity, forfeiture, or arbitration contained in the insurance policy. Highlighting them in a distinctCommercial and Labour — Volume 9 · Source page ٤٣٢
  28. Principle 2518Insurance contract. A consensual contract. The insured’s intention is the insurance application submitted to the insurer, constituting an offer. The insurer’s intention is expressed by issuing the insurance policy signedCommercial and Labour — Volume 9 · Source page ٤٣٢
  29. Principle 2519The insurance contract. The insured's obligation to disclose all circumstances known to the insurer upon conclusion of the contract. The insured's failure to do so or provision of an incorrect statement capable of alteriCommercial and Labour — Volume 9 · Source page ٤٣٢
  30. Principle 2520The contracting parties' freedom to define the risk insured against, the cover undertaken by the insurer, and its conditions, within the limits of the law and the rules of public policy. An example concerning insurance cCommercial and Labour — Volume 9 · Source page ٤٣٣
  31. Principle 2523Insurance against damage. It must be based on a legitimate economic interest, such that the risk insured against arises from an activity not contrary to public policy and morals. The reason therefor. Insurance against riCommercial and Labour — Volume 9 · Source page ٤٣٣

  32. - عقد التأمين البحري

    Principle 2526Marine insurance contract. A consensual contract. It is formed merely upon the concurrence of the wills of its parties.Commercial and Labour — Volume 9 · Source page ٤٣٤

  33. - عقد النقل البحري

    Principle 2529A (C and F) sale is a sale upon shipment to which the rules of a CIF cif sale apply, except for the seller's obligation to insure the goods during the sea voyage for the buyer's benefit. The seller thus bears the risk ofCommercial and Labour — Volume 9 · Source page ٤٣٤
  34. Principle 2530Contract of carriage by sea. Its definition and effects. - The carrier’s obligation. An obligation to achieve a result. The carrier’s liability is not discharged unless he proves that the loss of or damage to the goods iCommercial and Labour — Volume 9 · Source page ٤٣٤

  35. - عقد القطر وعقد الإرشاد البحريين

    Principle 2531The sea carrier's obligation. It includes loading, assembling, stowing, carrying, preserving, caring for and unloading the goods. Implication thereof: the contract of carriage by sea addresses liability between its partiCommercial and Labour — Volume 9 · Source page ٤٣٥

  36. - عقد الشحن والتفريغ

    Principle 2532A towage contract. Its nature. Damage caused to the towed vessel by the towing vessel. Its effect. The towage operator's contractual liability for damage occurring to the towed vessel. Proof of fault on the part of the tCommercial and Labour — Volume 9 · Source page ٤٣٥

  37. - عقد الكفالة

    Principle 2533Loading and unloading contract. Its subject matter. The basis is carrying out the physical operations of loading and unloading goods and what this entails. - Suretyship contract:-Commercial and Labour — Volume 9 · Source page ٤٣٥
  38. Principle 2540Suretyship contract. Its nature. What suretyship entails, when the surety is discharged and how he has recourse against the debtor.Commercial and Labour — Volume 9 · Source page ٤٣٦
  39. Principle 2541The guarantor under Law 41 of 1993 concerning the State's purchase of certain debts and the manner of their collection. He is deemed equivalent to the customer and is subject to the rules laid down by its provisions, incCommercial and Labour — Volume 9 · Source page ٤٣٦

  40. - عقد التحكيم

    Principle 2542The suretyship contract. Its nature. - Statutory, joint and several, or commercial suretyship. The sureties therein are jointly and severally liable among themselves and with the debtor. - 436 - Commercial - Suretyship. Commercial and Labour — Volume 9 · Source page ٤٣٦
  41. Principle 2545Agreement to arbitrate. Its implication. Arbitration becomes mandatory in every dispute concerning a claim for the value of what has been performed.Commercial and Labour — Volume 9 · Source page ٤٣٧
  42. Principle 2546Arbitration is a contract concluded by offer and acceptance. Writing is a requirement for proof, not formation. - The consent of the parties to the dispute to submit it to the arbitrator instead of the competent court isCommercial and Labour — Volume 9 · Source page ٤٣٧

  43. - عقد التسهيلات

    Principle 2547Contracts concluded after the entry into force of Laws 11 of 1995 and 26 of 1995. Interested parties and projects established in free zones may agree to settle disputes arising therefrom through arbitration. The arbitratCommercial and Labour — Volume 9 · Source page ٤٣٧

  44. - عقد المدة

    Principle 2548Interest on a commercial loan. 7% where its rate is not specified in the contract. The contracting parties may agree on - 437 - Commercial another rate of interest. The condition therefor: that this rate not exceed the rCommercial and Labour — Volume 9 · Source page ٤٣٧
  45. Principle 2549When the term of a contract for the exploitation . of a property is determined by the period specified for payment of rent. - Contract agency agreement:-Commercial and Labour — Volume 9 · Source page
  46. Principle 2550The former Commercial Code, 2 of 1961. It does not permit the agent to obtain any compensation unless he is dismissed at an inappropriate time and without an acceptable excuse, even if that excuse relates to the principaCommercial and Labour — Volume 9 · Source page
  47. Principle 2551Disputes arising from a contracts agency agreement. Jurisdiction over them. Lies with the court within whose district the place of performance of the contract falls, as an exception to the rules of jurisdiction. The reasCommercial and Labour — Volume 9 · Source page
  48. Principle 2552Disputes arising from a contracts agency agreement. The court within whose district its place of performance lies has jurisdiction to hear them. The parties may agree in the contract to arbitration. - A plea that the couCommercial and Labour — Volume 9 · Source page
  49. Principle 2553Contract agency. Its nature: a contract under which a person undertakes, on a continuing basis within a specified area of activity, to endeavour to solicit and negotiate the conclusion of transactions in the principal's Commercial and Labour — Volume 9 · Source page
  50. Principle 2556Unregistered commercial agency. An action concerning it shall not be heard. Law 36 of 1964 regulating commercial agencies. - Contracts agency. Its nature: a contract under which a person undertakes, on a continuing basisCommercial and Labour — Volume 9 · Source page
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