Judicial principles and studies
Ministry of Public Works / Equivalence in calculating compensation for street opening due to level lowering
The study addresses a new legal issue: treating equality among co-owners as an exception to the compensation-equivalence rule for street opening caused by level lowering, and explains the effects where a prior final judgment exists.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study examines the impact of the Court of Cassation's decision on the new equivalence for calculating compensation resulting from street opening due to level lowering, and whether the equality principle among co-owners operates as an exception to that decision when a prior final judgment awarded compensation to other co-owners for loss in land value.
Summary
- Where a final judgment previously awarded compensation to other co-owners for diminution in land value caused by street opening/paving, current claimants are to receive compensation equal to the amount fixed in that prior final judgment according to their shares, without requiring a new technical expertise or fresh proof of loss even if the current expert report denies damage. - Applying the equality principle in this situation constitutes an exception to the Court of Cassation's equivalence rule, aimed at preserving the res judicata effect, transaction stability, and preventing conflicting judgments. This summary is for general educational purposes and is not 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.