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
Search this collection- رجوع المؤمن على المؤمن له
Principle 3847The principle is the contracting parties' freedom to modify the rules of liability. The condition for this. Observance of the limits of the law and rules of public policy. - Inclusion in the insurance policy, in express Commercial and Labour — Volume 9 · Source page ٦٤٨- Principle 3848The insurer’s recourse against the insured where another person drives the insured vehicle while intoxicated. Its prerequisite. The insured’s consent to the offender driving his vehicle. Absence of that consent. Its effeCommercial and Labour — Volume 9 · Source page ٦٤٨
- Principle 3849The condition for invoking against the insured, pursuant to Article 782 of the Civil Code, the terms relating to nullity, forfeiture, or arbitration contained in the insurance policy. Making them distinctively prominent.Commercial and Labour — Volume 9 · Source page ٦٤٨
- Principle 3851The insurance company's recourse against the insured for the amount of compensation it may have paid. Cases thereof. His breach of the contractual restrictions specified in the insurance policy or the existence of one ofCommercial and Labour — Volume 9 · Source page ٦٤٩
- رجوع المؤمن على الغير المسئول
Principle 3852The insurer’s recourse action against the insured for compensation paid to the injured party, based on his breach of the insurance policy’s conditions. Is time-barred upon the lapse of three years from the day the insureCommercial and Labour — Volume 9 · Source page ٦٤٩- Principle 3854The insurer under compulsory motor accident insurance and the responsible person are obliged in respect of the same debt despite the difference in its source. The effect of this is their concurrent liability for its paymCommercial and Labour — Volume 9 · Source page ٦٤٩
- Principle 3857The insurer's recourse to recover compensation it may have paid to the insured or to a third party. Its prerequisite.Commercial and Labour — Volume 9 · Source page ٦٥٠
- Principle 3858The insurer’s recourse action against the liable party for compensation paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s rights. The basis of this subrogation. A statutory provision Commercial and Labour — Volume 9 · Source page ٦٥٠
- Principle 3859Subrogation of the payer to the creditor where the payer is liable for the debt on behalf of the debtor or obliged to discharge it on his behalf. - The insurer under compulsory motor accident insurance. Its obligation anCommercial and Labour — Volume 9 · Source page ٦٥٠
- Principle 3860The insurer's action for recourse against the liable third party for the compensation it paid to the injured party. Its basis. The insurer's subrogation to the injured party's rights. Articles 394. 396 Civil, or pursuantCommercial and Labour — Volume 9 · Source page ٦٥٠
- Principle 3863An insurer’s recourse action against the responsible third party for compensation paid to the injured party is not considered an action arising from the insurance contract or one based on statutory subrogation. The basisCommercial and Labour — Volume 9 · Source page ٦٥١
- Principle 3864An insurer’s recourse action against the third party responsible for the damage for the compensation it paid to the injured party, and against the insured in the event of a breach of the conditions agreed upon in the insCommercial and Labour — Volume 9 · Source page ٦٥١
- Principle 3866The insurer’s payment to the insured or the injured party of the amount due. Its effect. Statutory subrogation to that party’s rights of recourse against the liable third party for the amount paid. The insurer may exerciCommercial and Labour — Volume 9 · Source page ٦٥١
- Principle 3867The insurer’s payment to the insured of the insurance amount for damage. Its effect. Its subrogation by operation of law to the insured’s rights against the third party responsible for the damage. This subrogation is limCommercial and Labour — Volume 9 · Source page ٦٥١
والأشخاص المسئول عنهم
Principle 3869The insurer’s recourse action against the liable person for the compensation it paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s rights. The basis of this subrogation. A statutory prCommercial and Labour — Volume 9 · Source page ٦٥٢- شرط الاتفاق على سقوط حق المؤمن له في الرجوع على المؤمن
Principle 3870The insured's combining the insurance sum and compensation. Impermissible. - The insurer's recourse against the liable third party pursuant to a subrogation action. Article 801 Civil. Exceptions to this recourse: the insCommercial and Labour — Volume 9 · Source page ٦٥٢- رجوع المضرور على المؤمن
Principle 3871The insurer’s liability is determined by the insured accidents and risks regulated by the policy terms. - Forfeiture of the insured’s right of recourse against the insurer under the insurance contract. The formal and subCommercial and Labour — Volume 9 · Source page ٦٥٣- Principle 3872The obligation of the owner of motor vehicles to insure against civil liability is stipulated for the benefit of third parties. The injured party’s right of recourse against the insurer is a direct right derived from theCommercial and Labour — Volume 9 · Source page ٦٥٣
- Principle 3873The injured party’s right of recourse against the insurer. Its nature and source, what suffices in respect thereof, and what does not affect it. - Compulsory liability insurance against motor vehicle accidents. Its naturCommercial and Labour — Volume 9 · Source page ٦٥٣
- Principle 3874Insurance of motor vehicles. Compulsory for the benefit of third parties. The insurer's obligation to cover civil liability arising from material damage and bodily injuries caused by vehicle accidents. The injured party Commercial and Labour — Volume 9 · Source page ٦٥٣
- Principle 3875Direct recourse by the injured party against the insurer outside cases of compulsory insurance against liability arising from motor vehicle accidents. Its condition. The insurance policy must contain a stipulation for thCommercial and Labour — Volume 9 · Source page ٦٥٣
- Principle 3876The injured party’s recourse against the insurance company to compensate him for the damage he sustained and covered by the - 653 - Commercial insurance policy. It does not deprive him of his right of recourse against thCommercial and Labour — Volume 9 · Source page ٦٥٣
- Principle 3879The injured party’s direct recourse against the insurer outside the case of compulsory insurance against liability arising from motor vehicle accidents. Its condition. The insurance policy contains a stipulation for the Commercial and Labour — Volume 9 · Source page ٦٥٤
- Principle 3880The provisions of the Civil Code. Their lack of a provision granting the injured party a direct right to claim compensation from the insurer. Consequence thereof. The injured party may not have direct recourse against thCommercial and Labour — Volume 9 · Source page ٦٥٤
- رجوع الدائن على المدين في الالتزام الصرفي
Principle 3881The injured party’s direct recourse against the insurer outside cases of compulsory insurance. Its condition: the insurance policy must contain a stipulation for the benefit of a third party pursuant to Articles 205, 206Commercial and Labour — Volume 9 · Source page ٦٥٤- Principle 3882Drawing up a commercial instrument as a means of discharging a prior obligation. Its effect. The creation of the obligation alongside the original obligation - The creditor has the choice of recourse against the debtor bCommercial and Labour — Volume 9 · Source page ٦٥٤
- Principle 3883Creation of a commercial instrument. Its effect: an obligation under the negotiable instrument arises alongside an original obligation. The creditor may proceed against his debtor by an action on the negotiable instrumenCommercial and Labour — Volume 9 · Source page ٦٥٥
- Principle 3884Creation of a commercial instrument as an instrument of payment. Its effect. A negotiable-instrument obligation arises alongside the original obligation. Its implication. The creditor has the option of proceeding againstCommercial and Labour — Volume 9 · Source page ٦٥٥
- Principle 3886Creation of a commercial instrument as a means of discharging a prior obligation. Its effect. The creation of a new obligation, namely the negotiable-instrument obligation, alongside the ordinary obligation. The creditorCommercial and Labour — Volume 9 · Source page ٦٥٥
- رجوع الدائن على أي من المدينين المتضامنين
Principle 3887The creditor under a negotiable-instrument obligation may have recourse against the debtor by an action on the original debt, without the debtor being entitled to counter that action with defences derived from the negotiCommercial and Labour — Volume 9 · Source page ٦٥٥- Principle 3888The establishment of a debtor’s liability under a joint and several obligation prevents that debtor from benefiting from the other debtor’s liability so long as the former’s own liability has been established. - The obliCommercial and Labour — Volume 9 · Source page ٦٥٥
- رجوع المدين المتضامن على غيره من المدينين
Principle 3889The sources of an obligation may be multiple while its subject matter remains one. Its effect. The existence of multiple creditors for a single debt; the creditor may demand payment from any debtor among them or bring anCommercial and Labour — Volume 9 · Source page ٦٥٥- Principle 3890Damage resulting from multiple faults of numerous persons, each having committed a fault. Their joint and several liability to the injured party for full compensation. In their relationship with one another, the burden oCommercial and Labour — Volume 9 · Source page ٦٥٦
- رجوع المضرور على المسئول
Principle 3892The joint and several debtor who alone has an interest in the debt. Bears the whole of it in relation to the others. The consequence: no entitlement to recourse against another for anything paid. - The injured party's reCommercial and Labour — Volume 9 · Source page ٦٥٦- Principle 3893The injured party’s recourse against the insurance company to recover the compensation prescribed pursuant to the direct right conferred upon him by the Traffic Law does not deprive him of his right of recourse against tCommercial and Labour — Volume 9 · Source page ٦٥٦
- Principle 3894The consignee’s acquisition of rights under the contract of carriage entitling him to direct recourse against the carrier to demand delivery or compensation in cases of loss or damage, although he is not a party to that Commercial and Labour — Volume 9 · Source page ٦٥٦
- رجوع الغير على المؤمن له
Principle 3895The consignee's receipt of the goods from the carrier without reservation. Effect thereof. Forfeiture of his right of recourse against the carrier. What protects this right from forfeiture: recording the condition of theCommercial and Labour — Volume 9 · Source page ٦٥٦- رجوع الدائن على الكفيل
Principle 3896Actions arising from an insurance contract. Their lapse upon the expiration of three years from the occurrence of the event giving rise to those actions. Exception. Where the cause of the insured’s action arises from a tCommercial and Labour — Volume 9 · Source page ٦٥٦- رجوع الكفيل على المدين الأصلي
Principle 3903The jointly and severally liable guarantor. May not plead that recourse must first be had against the debtor or that the debtor's assets must first be exhausted, and if the guarantor pays the debt - 657 - Commercial the Commercial and Labour — Volume 9 · Source page ٦٥٧- Principle 3906The criterion for the guarantor’s recourse against the debtor is that the guarantor has paid the debt to the creditor. The guarantor bears the burden of proving that payment.Commercial and Labour — Volume 9 · Source page ٦٥٨
- رجوع الحامل على الضامن الاحتياطي
Principle 3907Recourse by the surety who paid the debt against the principal debtor. Its manner. By a personal action or a subrogation action. - The holder’s recourse against the aval guarantor:-Commercial and Labour — Volume 9 · Source page ٦٥٨- رجوع كل من الموكل الأصلي ونائب الوكيل على الآخر
Principle 3908The aval guarantor. A surety jointly and severally liable with the debtor, both being liable to the holder for the value of the instrument. Consequence: he cannot oppose the holder’s claim by invoking excussion or divisiCommercial and Labour — Volume 9 · Source page ٦٥٨- Principle 3909Recourse by each of the original principal and the sub-agent against the other: successive agencies in each of which the agent is authorized to appoint another agent for what he himself was appointed to do. The effects oCommercial and Labour — Volume 9 · Source page
- Principle 3910A person other than the debtor may discharge the debtor’s obligation without his knowledge or volition. Its scope, effect and conditions. - Retraction by the person performing such discharge, or release therefrom and recCommercial and Labour — Volume 9 · Source page
- Principle 3911The papers of a limited liability company must include particulars leaving no doubt as to its type, identity, and capital. Omission of these particulars. It does not entail the invalidity of the company, but entails its Commercial and Labour — Volume 9 · Source page
- Principle 3912The documents of a limited liability company must contain the particulars identifying its type, identity and capital. Failure to do so. Its sanction. Its managers’ joint and several liability to third parties out of theiCommercial and Labour — Volume 9 · Source page
- Principle 3913Limited liability companies. All their papers and printed materials must contain particulars leaving no room for doubt as to their type, identifying them and stating their capital. Omission of these particulars. Effect tCommercial and Labour — Volume 9 · Source page
- Principle 3915The subcontractor’s recourse against the employer. Its condition. The employer must be indebted to the main contractor under the original works contract when the subcontractor brings the direct action against him. ExamplCommercial and Labour — Volume 9 · Source page
- Principle 3916The subcontractor may have recourse against the employer for what is due to him from the principal contractor. Condition thereof.Commercial and Labour — Volume 9 · Source page
- Principle 3917Absence of a direct relationship between the employer and the subcontractor. Its effect. The latter has only an indirect action to claim from the employer what the employer owes the main contractor. The legislature's proCommercial and Labour — Volume 9 · Source page