Judicial principles and studies
Voidness of Promise-to-Sell, Apparent Agency, and Validity of Standing
The study examines the doctrine of apparent agency, its effects between principal and third parties, the conditions for its existence, and a rule limiting the use of a decisive oath on the validity of standing.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
This summary addresses the doctrine of apparent agency, developed by the judiciary and adopted by doctrine to protect third parties who reasonably rely on outward appearances of authority and to promote transactional stability.
Summary
- Apparent agency requires three judicially recognized conditions. - When those conditions—particularly the third—are met, apparent agency produces the same legal effects as a genuine agency between the principal and the third party; the apparent agent is treated as the principal's representative in dealings with third parties. - Applying apparent agency requires the court to examine the case file and evidence to determine whether the outward manifestations that induced the third party's belief were present; this principle is drawn from cassation decision No. 1529/2024. - A settled rule prohibits directing a decisive oath concerning the validity of the standing ("صحة الخصومة"); an appellate court should not inform the plaintiff that she cannot prove her claim and thereby require her to take a decisive oath in such situations. This content is a general educational summary, not a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.