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. - التقادم الثلاثي

    Principle 2982An action for unjust enrichment is time-barred upon the lapse of three years from the day on which the person who suffered damage learns of his right to compensation, or upon the lapse of fifteen years from the day on whCommercial and Labour — Volume 9 · Source page ٥١٠
  2. Principle 2983An action for restitution of an undue payment is time-barred after three years from the day on which the claimant learns of his right to restitution, or fifteen years from the day on which that right arises.Commercial and Labour — Volume 9 · Source page ٥١١
  3. Principle 2984An insurer’s recourse action against the responsible third party for the compensation it paid to the injured party. Its basis. Legal subrogation or assignment of the right. - Transfer of the right to the assignee with itCommercial and Labour — Volume 9 · Source page ٥١١
  4. Principle 2986The insured's right to liability compensation for an accident arose. By operation of law from the harmful act is what passes to the insurer who paid the insurance amount to the insured or the injured party. - The subrogaCommercial and Labour — Volume 9 · Source page ٥١١
  5. Principle 2987The period that must elapse for an action for compensation for personal injury not to be heard is a limitation period. The effect thereof. It is subject to suspension where an impediment exists that makes it impossible fCommercial and Labour — Volume 9 · Source page ٥١١
  6. Principle 2988The insurer's action for recourse against the insured for compensation paid to the injured party, based on the insured's breach of the insurance policy conditions. Time-barred upon the lapse of 3 years from the day the iCommercial and Labour — Volume 9 · Source page ٥١١
  7. Principle 2989The content of a contract includes its terms and the legal rules applicable to it, which are considered part of it. - The insurer's recourse against the insured for compensation it has paid in cases specified in Article Commercial and Labour — Volume 9 · Source page ٥١١
  8. Principle 2990The insurer's right of recourse against the insured for compensation paid in the cases specified in Article 76 of the Executive Regulations of the Traffic Law. A statutory rule forming part of the insurance contract. ItsCommercial and Labour — Volume 9 · Source page ٥١٢
  9. Principle 2991The insurer’s recourse action against the responsible third party. Its basis. Subrogation by operation of law or by assignment of a right. The right passes to the assignee subject to extinction by the same period by whicCommercial and Labour — Volume 9 · Source page ٥١٢
  10. Principle 2993A liability action brought by a joint-stock company. Its extinction by its special limitation period. Its restriction to the chairman and members of its board of directors. Absence of that capacity in the person against Commercial and Labour — Volume 9 · Source page ٥١٢
  11. Principle 2994The debtor's taking of the oath provided for in Article 505 of the Commercial Code, or the creditor's refusal when it is referred back to him, causes limitation to produce its effect. The debtor's refusal to take the oatCommercial and Labour — Volume 9 · Source page ٥١٢

  12. - التقادم الثنائي

    Principle 2995The statutes of the Fellowship Fund. A standard-form contract subject in its application to its provisions. Its absence of restrictions or time limits for claiming the assistance prescribed for its members. Its import. RCommercial and Labour — Volume 9 · Source page ٥١٢

  13. - التقادم الحولى

    Principle 2996The right to bring an action for liability arising from a contract of carriage by air. Its extinguishment upon the passage of two years from the day the aircraft reaches its destination, the day on which it should have aCommercial and Labour — Volume 9 · Source page ٥١٢
  14. Principle 2997Rights arising from a commission agency for carriage are not subject to the one-year limitation period provided for in Article 364 of the Civil Code.Commercial and Labour — Volume 9 · Source page ٥١٣
  15. Principle 2998Merchants’ rights becoming time-barred after one year. Its condition. They must concern things supplied to persons who do not trade in them but use them for their own consumption. The rationale therefor.Commercial and Labour — Volume 9 · Source page ٥١٣
  16. Principle 2999The barring of an action for rescission upon the lapse of 1 year from delivery. Its restriction to an action for rescission because of a shortfall or excess in the thing sold. Other rescission actions for breach of obligCommercial and Labour — Volume 9 · Source page ٥١٣
  17. Principle 3000The loading and hatching contractor and the cargo agent have the right to invoke the short limitation period for actions arising from the activities of each of them. The basis thereof.Commercial and Labour — Volume 9 · Source page ٥١٣
  18. Principle 3001An action on the warranty of a stipulated quality in the thing sold, provided for in Article 498 of the Civil Code, is not subject to the one-year limitation period. Basis therefor.Commercial and Labour — Volume 9 · Source page ٥١٣
  19. Principle 3004Actions arising from a loading and unloading contract. Their limitation period. The legislature has unified it at one year, whether the action is brought against or by the contractor. Reason therefor.Commercial and Labour — Volume 9 · Source page ٥١٤
  20. Principle 3005The liability action against a maritime carrier is time-barred upon the expiration of one year from the date the goods were delivered, or should have been delivered, to the consignee.Commercial and Labour — Volume 9 · Source page ٥١٤
  21. Principle 3006Renewal of the date on which the one-year limitation period runs in respect of a liability action arising from a contract of carriage in cases of total or partial loss. Article 162 of the Commercial Code. Failure to specCommercial and Labour — Volume 9 · Source page ٥١٤

  22. - تقادم خاص

    Principle 3008A ruling that the proceedings in an action have lapsed or have expired through the passage of time. Its effect. Extinction of judgments rendered therein ordering evidentiary measures and cancellation of all procedural stCommercial and Labour — Volume 9 · Source page ٥١٤

  23. - مدة سقوط الاتفاقية

    Principle 3010Publication offences. An action for compensation arising therefrom is barred upon the lapse of 3 months from the date of publication, unless compelling circumstances prevented its institution. - 514 - Commercial - The peCommercial and Labour — Volume 9 · Source page ٥١٤

  24. - التقادم الصرفي

    Principle 3011The parties to a sale may agree to modify the period barring an action under the warranty against defects by extending it. The agreed period is the period upon expiry of which it is extinguished. Its nature. A limitationCommercial and Labour — Volume 9 · Source page ٥١٥
  25. Principle 3012Limitation applicable to negotiable instruments is based on a presumption of payment. Completion of this presumption by the supplementary oath. Assessment of whether what emanated from the debtor detracts from this presuCommercial and Labour — Volume 9 · Source page ٥١٥
  26. Principle 3013Limitation applicable to negotiable instruments under the former Commercial Code. Its basis in the presumption of payment.Commercial and Labour — Volume 9 · Source page ٥١٥
  27. Principle 3014The legislature required a commercial instrument to contain certain particulars. Purpose thereof. As a result of the absence of any of these particulars. The instrument loses its character as a negotiable instrument and Commercial and Labour — Volume 9 · Source page ٥١٥

  28. - وقف التقادم

    Principle 3015Limitation of negotiable instruments. Its basis in a presumption of payment of the debt. - The presumption of payment of the debt underlying limitation of negotiable instruments. Incomplete evidence. Its reinforcement byCommercial and Labour — Volume 9 · Source page ٥١٥
  29. Principle 3017Limitation does not run whenever an impediment exists that makes it impossible for the creditor to claim his right. The existence of the impediment whereby limitation is suspended and the right-holder’s claim within the Commercial and Labour — Volume 9 · Source page ٥١٥
  30. Principle 3018Rights arising from representation or agency in favour of the dissolver or principal against the representative or agent. Suspension applies to actions brought in respect thereof. Suspension of the limitation period for Commercial and Labour — Volume 9 · Source page ٥١٦
  31. Principle 3019Ascertaining an understanding of the facts and what constitutes a reason attributable to compelling material circumstances for suspending prescription. Within the authority of the court of the merits.Commercial and Labour — Volume 9 · Source page ٥١٦
  32. Principle 3021Determining the existence or absence of an impediment suspending the running of limitation. A matter of fact. Example: considering the Iraqi invasion of the country a material impediment suspending the running of limitatCommercial and Labour — Volume 9 · Source page ٥١٦
  33. Principle 3022The impediment suspending the running of limitation of an action. Its nature. Determining whether this impediment exists or not is a matter of fact within the independent purview of the trial judge. The condition therefoCommercial and Labour — Volume 9 · Source page ٥١٦
  34. Principle 3023Suspension of the running of limitation. Its criterion. - The defence of limitation. Its implication. The court of merits must examine its legal conditions, including the period and any suspension or interruption affectiCommercial and Labour — Volume 9 · Source page ٥١٦
  35. Principle 3024The Civil Code is the law governing everything for which no provision is made in the Commercial Law and its supplementary legislation. An example concerning the provisions regulating suspension of limitation. - AssessmenCommercial and Labour — Volume 9 · Source page ٥١٦

  36. - قطع التقادم

    Principle 3025The prescriptive period as between the principal and the representative. Does not run as long as the representation remains in existence. Rationale therefor. The representative’s possession of the principal’s property isCommercial and Labour — Volume 9 · Source page ٥١٦
  37. Principle 3029An action brought in respect of a right interrupts limitation only in respect of that right and its accessories. An action seeking the automatic dissolution of a contract does not interrupt limitation. A claim for compenCommercial and Labour — Volume 9 · Source page ٥١٧
  38. Principle 3031Limitation of actions arising from a contract of carriage by sea. It is interrupted by the creditor demanding his right from the debtor by registered letter with acknowledgment of receipt. Every document issued by the deCommercial and Labour — Volume 9 · Source page ٥١٧
  39. Principle 3032The acknowledgment in the presence of which the passage of time is not considered a bar to hearing the action. Its nature. - 517 - CommercialCommercial and Labour — Volume 9 · Source page ٥١٧
  40. Principle 3033Brokerage remuneration. Its limitation period is five years. Interruption of limitation by the debtor's acknowledgment. Non-completion of this period when the new Civil Code entered into force on 25/2/1980. Its effect. ACommercial and Labour — Volume 9 · Source page ٥١٨
  41. Principle 3034Acknowledgment of the debt. Its effect. Interruption of limitation and commencement of a new limitation period equal in duration to the first. Its conversion into a long limitation period if the acknowledgment is embodieCommercial and Labour — Volume 9 · Source page ٥١٨
  42. Principle 3036Determining the existence or absence of the debtor's acknowledgment of the debt as a ground for interrupting prescription. Its assessment lies exclusively with the judge of merits.Commercial and Labour — Volume 9 · Source page ٥١٨
  43. Principle 3037The notice that interrupts prescription. Article 370 of the former Commercial Code. The instrument addressed by the creditor to the debtor demanding the rights owed to him by the latter. A defence unrelated to public polCommercial and Labour — Volume 9 · Source page ٥١٨
  44. Principle 3038Interruption of limitation. The trial court may determine it of its own motion if the existence of its two grounds is established to it.Commercial and Labour — Volume 9 · Source page
  45. Principle 3039Negotiations that interrupt limitation of actions arising from a contract of carriage by sea. Their nature.Commercial and Labour — Volume 9 · Source page
  46. Principle 3040The liability of the carrier and the vessel for loss or damage. Its discharge if the action is not brought within one year after delivery or from the date on which delivery should have occurred. This period is regarded aCommercial and Labour — Volume 9 · Source page
  47. Principle 3041A judicial demand interrupting limitation. Its nature. - Extinctive prescription is interrupted by a judicial demand. What is meant by this demand.Commercial and Labour — Volume 9 · Source page
  48. Principle 3042Actions arising from a contract for the carriage of goods. Their limitation period is one year. - The prescribed period barring the hearing of an action. Its interruption by the debtor's acknowledgment of the right.Commercial and Labour — Volume 9 · Source page
  49. Principle 3043The judicial demand that interrupts prescription. Its nature. Bringing an action to assert the right, even before a court lacking jurisdiction. Merely bringing an action before the judge of urgent matters seeking an urgeCommercial and Labour — Volume 9 · Source page
  50. Principle 3044A judicial claim for part of a right interrupts limitation in respect of the remainder. The condition therefor.Commercial and Labour — Volume 9 · Source page
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