الفهارس الهجائية
٨٦٨ مدخلة منقولة عن الفهارس المطبوعة في صدور المجلدات وذيولها — مبادئ مصوغة تحت كلمات رأسية أبجدية، بإحالاتها واستشهاداتها كما طُبعت.
٨٦٨ مدخلة
Preemption — 1903
٤ v. Compromise, 1°; Forgery, 2°.
Prejudice — 1903
v. Forgery, 1°.
Prescription (Acquisitive—) — 1903
١ Acquisitive prescription is a defence of which any form of proof is admissible. In particular it may be proved by parol evidence. Further, this defence may be raised at any stage of the proceedings. (App. 16 December 1902; No. 61, p. 54).
٢ The nullity of a contract of sale of an immovable resulting from the want of capacity of the vendor cannot be covered by possession during five years. Such possession only covers the nullity resulting from the fact that the vendor was not the true owner of the immovable sold. Note.—By this judgment the Court seems also to lay down the rule that, prior to the Decree of the 19th of November 1896, concerning the Meglis Hasby, a contract made by an individual during the interval between the decision of the Meglis Hasby interdicting him and the ratification of the decision by the Cadi of the Mehkemeh was void, if the other party to the contract was aware of the interdicted person's true situation. (App. 20 January 1903; No. 74, p. 63).
٣ v. Servitude of view.
Prescription (Extinctive—) — 1903
The action for the recovery of fruits brought by a proprietor against one who has possessed in bad faith is not barred by the quinquennial prescription of Art. 211 C.C. (Trib. App. Kena, 14 April 1903, No. 76, p. 64).
Prescription (Extinctive, interruption of—) — 1903
A payment on account interrupts extinctive prescription, since such payment is equivalent to an acknowledgment of the debt. (Sum. Trib. Dessouk, 29 October 1900; No. 10, p. 4).
Prescription (Interruption of—) — 1903
Prescription is interrupted by a citation to appear even before a court which is incompetent, although the Egyptian Civil Code has not expressly dealt with this point. (Trib. App. Kena, 7 April 1903; No. 106, p. 86).
Prescription of criminal action — 1903
v. Continuing offence.
Privilege of lessor — 1903
v. Lease, 2°.
Probative force — 1903
v. Document (Private—Copies of—).
Proceedings (Annulment of—) — 1903
v. Appeal (Annulment of proceedings).
Proceedings (Cassation of—) — 1903
v. Cassation with order for new trial (Effects).
Procès-verbal of election — 1903
v. Document (Official).
Procès-verbal of reconciliation — 1903
v. Reconciliation (Procès-verbal of—).
Procès-verbal of sitting — 1903
v. Cassation (Substantial nullity of procedure), 7°.
Promissory note to order — 1903
Where a promissory note to order, which is an act of commerce in virtue of Art. 2 of the Commercial Code, is regularly indorsed, the ownership of such note is transferred to the indorsee. The indorsee holds his rights directly against the subscriber of the note and the latter cannot avail himself against the indorsee of grounds of defence, which he could have opposed to the indorser, as, for instance, that he has paid to the latter the amount of the note. (Sum. Trib. Beni-Souef, 12 May 1903; No. 98, p. 78).
Proof — 1903
v. Document (Private—Copies of—); Document (Private—Denial of authenticity of—).
Proof by witnesses — 1903
v. Contract (Civil or Commercial); Gaming; Prescription (Acquisitive), 1°; Tender; Usury.
Prosecution (Reopening of—) — 1903
v. File (Order to).
Protection (Establishment under foreign—) — 1903
v. Jurisdiction of Native Tribunals, 1°.
Provincial Council (Member delegated to Legislative Council—) — 1903
v. Document (Official—); Election (Validity of—).
Public place — 1903
v. Slander.
Public policy — 1903
v. Bar regulations; Cassation (Substantial nullity of judgment), 7°; Gaming; Usury.
Public servant — 1903
v. Cassation (Substantial nullity of judgment), 10°, 13°; Resistance.
Publication of Elam — 1903
v. Interdiction, 1°, I.
Publicity of sitting — 1903
v. Cassation (Grounds), 5°.
Qualification of offence (Change in—) — 1903
v. Cassation (Substantial nullity of procedure), 2°, 11°.
Question of fact — 1903
v. Cassation (Grounds), 6°.
Rape (Attempt to—) — 1903
v. Cassation (Substantial nullity of procedure), 2°.
Ratification of acts — 1903
v. Representative (Legal), 1°.
Ratification of mandate — 1903
v. Juristic personality.
Recall of judgment by default — 1903
v. Judgment by default on opposition.
Receiver (Judicial-Appointment of—) — 1903
An application for the appointment of a judicial receiver of things which are subject to litigation is a provisional application and as such is within the jurisdiction of the Court before which the main action is pending. (App. 5 December 1901; No. 17, p. 11).
Recidive — 1903
١ Complicity in a misdemeanour and the misdemeanour itself are similar offences within the meaning of Art. 18 of the Penal Code as to recidive. (Cass. 17 May 1902; No. 37, II, p. 34).
٢ In the case of a general appeal by the Parquet, the Court of Appeal is at liberty to apply the rules for recidive even though the Parquet has demanded their application for the first time on appeal. (App. 30 October 1901; No. 6, p. 3).
٣ A judgment sentencing a person as recidivist under Art. 18 P.C. must on pain of nullity mention the nature of the former offences, the penalties pronounced and the date of the convictions, these being essential elements of recidive. (Cir. No. 10, 22 May 1902; No. 22, p. 13).
Reconciliation (Procès-verbal of—) — 1903
The procès-verbal of reconciliation drawn up by a summary judge is not a judgment and can be impugned only for certain causes expressly indicated and limited by Art. 535 C.C. (compromise) by means of a separate and principal action. (Trib. App. Tantah, 7 April 1903; No. 87, p. 71).
Recourse by Parquet — 1903
v. Cassation (Grounds), 3°.
Refusal to take oath — 1903
v. Oath (Decisive), 1°.
المدخلات منقولة بإملائها المطبوع حرفيًّا. و«الإحالة» رقمٌ كما ورد في الفهرس الأصلي — وهو في فهارس الصدر العربية رقم الحكم في مسلسل السنة، وفي فهارس الذيل الإنجليزية رقم الصحيفة.