Session on Tuesday, 2 April 2024,
Headed by Judge Shihab Abdulrahman Al-Hammadi, the ‘head of the Department’, and with the membership of Judges Abdullah Boubaker Al-Siri and Sabri Shams Al-Din Mohammed
(1-4) Contract ‘Effects of contract and contractual obligations’. Court ‘Trial Court: Its authority to put forward the evidence presented to it and refer to the expert report’.
1. The determination of contractual obligations is based on the terms of the contract because they are the law. Altering or deviating from them. It is not permissible except by the mutual will of the parties.
2. The court shall disregard evidence submitted to it that affects the rights of the parties. It is impermissible without providing a reason for such exclusion.
3. The trial court's reference to the expert's report that ruled on legal issues without giving separate reasons for it. Unlawful and inadequate.
4. The appellant's objection to the expert report in his commentary note for applying simple interest but not сontractual interest and calculating it until the date of default rather than t...