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 وكالة العقود

    Principle 2557Contract agent. His obligation to preserve the principal's rights and take all precautionary measures necessary to preserve those rights.Commercial and Labour — Volume 9 · Source page ٤٣٩

  2. - عقد التوزيع

    Principle 2560Contract agency is a form of commercial agency. Its nature. It is a contract whereby a person undertakes, on a continuing basis within a specified area of activity, to endeavour to conclude contracts for the benefit of tCommercial and Labour — Volume 9 · Source page ٤٤٠
  3. Principle 2562Distribution contract. Its nature. A contract under which a trader undertakes to promote the products of an industrial or commercial establishment in a specified area and is their sole distributor. It is treated as a conCommercial and Labour — Volume 9 · Source page ٤٤٠
  4. Principle 2563Law 36 of 1964 concerning the Regulation of Commercial Agencies. Its inclusion of the general provisions governing those agencies. Its effect. The rule that no unregistered agency is recognized and no action concerning iCommercial and Labour — Volume 9 · Source page ٤٤٠
  5. Principle 2564A distribution contract. It need not be evidenced in writing. The reason therefor. - The agreement that the first respondent would undertake distribution of the products of the company, her principal, and the automatic rCommercial and Labour — Volume 9 · Source page ٤٤١

  6. - عقد التوريد

    Principle 2565Distribution contract. Its nature: a contract under which the trader undertakes to promote and distribute the products of an industrial or commercial enterprise in a specified area, on condition that he is its sole distrCommercial and Labour — Volume 9 · Source page ٤٤١

  7. - عقد الحساب الجاري

    Principle 2566Reciprocal obligations. Due for performance at the same time. Example concerning a supply contract. - Current account contract:-Commercial and Labour — Volume 9 · Source page ٤٤١
  8. Principle 2569Closure of the current account. Its effect. Its entries become mere individual items which lose their characteristics and merge, giving rise to a single debt. Transfer of the securities to the final balance debt. The parCommercial and Labour — Volume 9 · Source page ٤٤١
  9. Principle 2570A current account. Its nature: a contract whereby 2 persons agree to enter in an account, through reciprocal and interwoven payments, the debts arising from transactions between them. It is not restricted to banking tranCommercial and Labour — Volume 9 · Source page ٤٤١
  10. Principle 2571Payments entered in a current account. They lose their characteristics and individuality and merge into an indivisible whole. Reason therefor. In application of the principle of the cohesion and indivisibility of the curCommercial and Labour — Volume 9 · Source page ٤٤٢
  11. Principle 2572Payments into a current account. They lose their separate identity in the account, resulting in a single debt ascertained upon closure of the account. This is confined to the relationship between the customer, even if muCommercial and Labour — Volume 9 · Source page ٤٤٢

  12. - عقد الحوالة

    Principle 2573Closure of the current account. Its effect. - Agreement in the loan contract that the bank is entitled to interest of 4% during the term of the contract. Its absence of an agreement on interest on the debt represented byCommercial and Labour — Volume 9 · Source page ٤٤٢

  13. - عقد السمسرة

    Principle 2575Assignment of a right. A contract between the assignor and another whereby the former assigns to the latter a right he holds against his debtor, and the assignment becomes effective against the debtor upon his acceptanceCommercial and Labour — Volume 9 · Source page ٤٤٣
  14. Principle 2582The broker's remuneration. The criterion for entitlement to it. His completion of the transaction regardless of its performance, rescission or nullity for a reason unknown to him or arising after its completion. When theCommercial and Labour — Volume 9 · Source page ٤٤٤
  15. Principle 2584The broker's entitlement to his remuneration. Its criterion: the success of his mediation through completion of the transaction. Assessment of the existence of this mediation. Within the authority of the court of merits.Commercial and Labour — Volume 9 · Source page ٤٤٤
  16. Principle 2585The broker’s remuneration is owed by the person who authorized him to seek to conclude the transaction. - Several persons authorizing a single broker in a joint undertaking. Effect thereof. Their joint and several liabilCommercial and Labour — Volume 9 · Source page ٤٤٤
  17. Principle 2586The broker's remuneration is determined according to law, agreement or custom: its reduction. Within the authority of the trial court. The reason for that. It may assess his remuneration if there is no custom determiningCommercial and Labour — Volume 9 · Source page ٤٤٤
  18. Principle 2587Brokerage. Its nature. - A broker is entitled to remuneration only if their mediation leads to the conclusion of the contract. Inferring the existence of the contract or its selection. A matter of fact. The condition theCommercial and Labour — Volume 9 · Source page ٤٤٤
  19. Principle 2588A broker is an agent whom one contracting party commissions to act as an intermediary with the other contracting party to complete a transaction between them for remuneration due to him under an express or implied agreemCommercial and Labour — Volume 9 · Source page ٤٤٤
  20. Principle 2589The broker's entitlement to remuneration. Its condition. The success of the broker's mediation and the conclusion of the contract as a result of the broker's effort and endeavours. Assessment thereof. A matter for the coCommercial and Labour — Volume 9 · Source page ٤٤٤
  21. Principle 2590A broker is a remunerated agent whom one contracting party engages to mediate with the other contracting party to complete a transaction between them under an express or implied agreement. The broker’s remuneration is duCommercial and Labour — Volume 9 · Source page ٤٤٥

  22. - عقد الشركة

    Principle 2591Brokerage. Its nature. A contract under which the broker undertakes to a person to search for a second party to conclude a particular contract and to mediate its conclusion in return for remuneration, without having any Commercial and Labour — Volume 9 · Source page ٤٤٥
  23. Principle 2593The criterion for the existence of a partnership contract is that the partners have the intention to participate in an activity involving liability. Ascertainment of this intention is exclusively for the court of merits.Commercial and Labour — Volume 9 · Source page ٤٤٥
  24. Principle 2594Conversion of a limited liability company into another company. Its completion. In accordance with the provisions and procedures followed for amending the company's memorandum and articles of association. The necessary cCommercial and Labour — Volume 9 · Source page ٤٤٥
  25. Principle 2596Conversion of a company from one legal form to another. Its requirements. Publication thereof in the Official Gazette and in two daily newspapers, the lapse of sixty days from the date of publication, completion of the lCommercial and Labour — Volume 9 · Source page ٤٤٦
  26. Principle 2597The signature of the chairman of the board of directors is equivalent to the signature of the board of directors in the company's relationship with third parties. The deputy chairman may replace him and sign on behalf ofCommercial and Labour — Volume 9 · Source page ٤٤٦

  27. - عقد الصلح

    Principle 2599Commercial companies - except an undisclosed partnership - possess legal personality from their formation and are independent of the persons of their partners. - A partner signing a loan agreement with the bank in his peCommercial and Labour — Volume 9 · Source page ٤٤٦

  28. - عقد العمل البحري

    Principle 2601Characterisation of an employment contract and its distinction from other contracts, including a contract for work. Its criterion. - Maritime employment contract:-Commercial and Labour — Volume 9 · Source page ٤٤٧

  29. - عقد القرض

    Principle 2602A maritime employment contract for a single voyage. Permissible. Its operation for that period and its termination upon the end thereof. Successive contracts of this kind do not make them complementary to one another, noCommercial and Labour — Volume 9 · Source page ٤٤٧
  30. Principle 2604Ascertaining the intention to novate the loan contract. A matter of fact within the trial judge's exclusive authority. Extinction of the mortgage-secured debt by novation as a result of concluding the loan contract may nCommercial and Labour — Volume 9 · Source page ٤٤٧
  31. Principle 2605A loan is commercial if its purpose is to spend the borrowed sums on commercial activities. The determining consideration is the borrower's apparent intention at the time of contracting, not the ultimate use of the sums.Commercial and Labour — Volume 9 · Source page ٤٤٧
  32. Principle 2607A loan is a commercial act regardless of the borrower's capacity or the purpose for which the loan was allocated. - Suretyship. Its nature. The general rule is that the surety acts gratuitously, not as a speculator. A suCommercial and Labour — Volume 9 · Source page ٤٤٨
  33. Principle 2608Considering a loan commercial. Its condition. The purpose must be to expend the borrowed sums on commercial activities. The determining factor is the borrower’s apparent intention at the time of the contract, not the ultCommercial and Labour — Volume 9 · Source page ٤٤٨
  34. Principle 2609Considering a loan commercial. Its condition. The intention must be to spend the borrowed sums on commercial activities. What matters is the borrower's apparent intention at the time of contracting, not the ultimate use Commercial and Labour — Volume 9 · Source page ٤٤٨

  35. - عقد الممارسة والمناقصة والمزايدة

    Principle 2610A loan contract binds both parties and creates reciprocal obligations on the part of both lender and borrower, requiring the existence of 2 separate patrimonies. The combination of the capacities of lender and borrower iCommercial and Labour — Volume 9 · Source page ٤٤٨

  36. - عقد المقاولة

    Principle 2611The tender validity period determined by the Central Tenders Committee. Prescribed for the benefit of the bidder. - 448 - Commercial - Contract for Works:-Commercial and Labour — Volume 9 · Source page ٤٤٨
  37. Principle 2615An increase or decrease in the costs of the work. It has no effect on the extent of the obligations created by the works contract. The contractor may not demand an increase in the consideration when costs rise, nor may tCommercial and Labour — Volume 9 · Source page ٤٤٩
  38. Principle 2616The contractor’s performance of his obligation in a defective manner or contrary to the contract. Effect thereof. The employer’s right, after giving him notice, to rescind the contract or obtain judicial authorization toCommercial and Labour — Volume 9 · Source page ٤٤٩
  39. Principle 2619The direct action and preferential right established between the subcontractor and the main contractor. Their limits: what is due to the main contractor from the employer. The condition therefor: that the latter owe a deCommercial and Labour — Volume 9 · Source page ٤٤٩
  40. Principle 2620The contractor’s liability for completing the work within the agreed period: when it has no application. - Inferring the employer’s fault that excludes the contractor’s liability for delay in performance, or negating it.Commercial and Labour — Volume 9 · Source page ٤٥٠
  41. Principle 2621The subcontractor's direct action against the employer to claim what is due to him from the main contractor. Its limits. - Payment by the employer discharging his liability towards the main contractor. Its condition: theCommercial and Labour — Volume 9 · Source page ٤٥٠
  42. Principle 2622The contractor may entrust performance of the work in its entirety or in part to a subcontractor if a term in the contract does not prohibit him from doing so or the nature of the work is such that the contractor's identCommercial and Labour — Volume 9 · Source page ٤٥٠
  43. Principle 2623The subcontractor may bring an action against the employer for a judgment ordering him to pay the default interest due to the subcontractor from the principal contractor. The basis thereof. Article 982, Civil Code. The rCommercial and Labour — Volume 9 · Source page ٤٥٠
  44. Principle 2625The subcontractor has a direct action against the employer for what is due to him from the main contractor. Condition therefor. That the employer owes the main contractor a debt arising from the contract for works. - IssCommercial and Labour — Volume 9 · Source page ٤٥٠
  45. Principle 2626Building and construction contracts concluded on the basis of an estimated bill of quantities in which the quantities of the various works are approximately assessed and the consideration for each unit of such works is sCommercial and Labour — Volume 9 · Source page
  46. Principle 2627The employer and the subcontractor. No contractual relationship connects them. The latter may claim from the former what he owes to the main contractor by an indirect action. He also has a direct action and a preferentiaCommercial and Labour — Volume 9 · Source page
  47. Principle 2628The contractor's obligation is an obligation to achieve a result, namely that the building remain sound for ten years after its delivery. Article 692 Civil Code. Breach of this obligation is established merely by provingCommercial and Labour — Volume 9 · Source page
  48. Principle 2629The subcontractor’s workers have a right of direct action against the principal contractor for amounts due to them from the subcontractor. The condition thereof: the principal contractor must owe a debt to the subcontracCommercial and Labour — Volume 9 · Source page
  49. Principle 2633Contract of carriage by sea. Its effect. The carrier's obligation to guarantee that the goods reach the consignee sound—The nature of this obligation. An obligation to achieve a result; its liability is not discharged unCommercial and Labour — Volume 9 · Source page
  50. Principle 2635The maritime carrier's obligation. It ends only upon actual delivery of the shipped goods to the consignee. The reason therefor. His obligation is to achieve a result. His liability is discharged only by proving an extraCommercial and Labour — Volume 9 · Source page
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