Cassation principles Personal Status
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 986 available principles
Search this collectionتدخل النيابة العامة في دعاوى الأحوال الشخصية
Principle 1257Intervention by the Public Prosecution in proceedings pursuant to Articles 337 and 338(f) of the Personal Status Law. Its condition. The proceedings must concern personal status and their determination must require appliPersonal Status · Source page ٥٦٤- Principle 1259The opinion of the Public Prosecution in personal status matters. The court of merits is not bound by it. This means: its right to adopt it, discard it, or omit discussing it. The court's failure to discuss the Public PrPersonal Status · Source page ٥٦٥
- Principle 1260Personal status actions which the legislature required the Public Prosecution to bring or intervene in. It is deemed a party to the action with all the rights prescribed for litigants. - The Public Prosecution is indivisPersonal Status · Source page ٥٦٥
اختصام مدير التفليسة في دعاوى الأحوال الشخصية
Principle 1262Intervention by the Public Prosecution in personal status actions. Its criterion. That the action concerns personal status and that its determination requires application of provisions of Islamic Sharia affecting public Personal Status · Source page ٥٦٥تقدير قيمة الدعوى في بعض مسائل الأحوال الشخصية
Principle 1263Issuance of a judgment declaring bankruptcy. Its effect. An action may not be brought by or against the bankrupt. The exception. Personal status actions, unless they involve financial claims, in which case the bankruptcyPersonal Status · Source page ٥٦٦- Principle 1264A judgment issued in disputes concerning maintenance. It may be appealed regardless of the value of the action. - Judgments issued in matters of inheritance, wills, endowments and dower are final if their value does not Personal Status · Source page ٥٦٦
- Principle 1265The legal fact constituting the source of the right in respect of deferred dower is marriage. In respect of the claim for waiting-period maintenance and consolatory compensation, it is divorce. Its implication. Each arisPersonal Status · Source page ٥٦٦
- Principle 1266Judgments rendered in personal status matters. The general rule is that they are regarded as first-instance judgments subject to appeal, whatever the value of the action. The exception. Actions concerning inheritance, wiPersonal Status · Source page ٥٦٦
استئناف الأحكام الصادرة في مسائل الأحوال الشخصية
Principle 1267Judgments rendered in personal status matters. Their susceptibility to appeal as a general rule, regardless of the value of the action. The exception. Matters relating to inheritance, bequests, waqf, and dower. Article 3Personal Status · Source page ٥٦٧- Principle 1268A dispute over the contents of the matrimonial home. A personal status matter. The judgment therein is appealable regardless of the value of the actions.Personal Status · Source page ٥٦٧
- Principle 1269Judgments rendered in personal status matters. The general rule is their susceptibility to appeal regardless of the value of the dispute. The exception. Inheritance, testamentary disposition, endowment, and dower actionsPersonal Status · Source page ٥٦٧
حجية الأحكام الصادرة في بعض مسائل الأحوال الشخصية
Principle 1270The general rule is that all judgments rendered in personal status matters are appealable. The exception. Judgments rendered in actions concerning inheritance, wills, waqf, and dower. Their subjection to the jurisdictionPersonal Status · Source page ٥٦٧- Principle 1271Judgments rendered in personal status matters susceptible to change. Their res judicata effect is temporary. - 567 - Personal StatusPersonal Status · Source page ٥٦٧
- Principle 1272Judgments rendered in personal status matters have temporary res judicata effect. The reason for this. - Res judicata precluding the renewed submission of the dispute. Its criterion. - The judgment's violation of res judPersonal Status · Source page ٥٦٨
- Principle 1273The judgment ruling that the appeal is admissible in form. Its implication. An implicit ruling that the appeal is permissible. Failure to challenge it. Its effect. Its acquisition of the force of res judicata. The prosecPersonal Status · Source page ٥٦٨
- Principle 1275Personal Status Law 51/1984. Its provisions apply only to those to whom the school of Imam Malik applies, and not others. - Establishment of the child's parentage through the marital bed under the Ja'fari school. Its conPersonal Status · Source page ٥٦٨
- Principle 1276Judgments rendered in custody actions. Have temporary res judicata effect. The reason for this. Their susceptibility to change and alteration because of changed circumstances, and to revocation because of changes in theiPersonal Status · Source page ٥٦٨
- Principle 1277Final judgments issued by Personal Status Circuits. Have res judicata effect before the other circuits and other bodies. - First-instance judgments. They acquire finality from the date the time limit for challenging themPersonal Status · Source page ٥٦٨
- Principle 1278The res judicata effect of judgments issued in certain personal status matters. Temporary. They are subject to change and alteration as circumstances change. The criterion therefor. - The res judicata effect of judgmentsPersonal Status · Source page ٥٦٩
- Principle 1279The ruling of a judgment. It is the definitive determination of the action, wherever it appears, whether in the reasons or the operative part. - Inclusion in the reasons of the determination of the aspects of the disputePersonal Status · Source page ٥٦٩
- Principle 1280Judgments rendered in personal status matters susceptible to modification, including maintenance, have temporary binding authority. The reason for this. Their susceptibility to change and modification. Assessment of whetPersonal Status · Source page ٥٦٩
- Principle 1281Custody judgments have temporary res judicata effect. The reason for this. Their susceptibility to change and alteration. Continuation of this effect. So long as their grounds and the circumstances in which they were renPersonal Status · Source page ٥٦٩
- Principle 1282Judgments that have acquired the force of res judicata. Conclusive as to what they have determined. The condition for that. The dispute must be between the same litigants without their capacities changing, and must concePersonal Status · Source page ٥٦٩
- Principle 1283Judgments rendered in certain personal status matters. Their binding effect is temporary. Reason for that. Their susceptibility to amendment and change. - The authority of res judicata precluding the reopening of a dispuPersonal Status · Source page ٥٧٠
- Principle 1284Judgments issued in certain personal status matters susceptible to change and alteration. Have temporary binding effect. The reason. Changing circumstances in those matters. Assessment of changed circumstances. Within thPersonal Status · Source page ٥٧٠
- Principle 1285Judgments that have acquired the force of res judicata are conclusive as to what they have determined. Its implication. The inadmissibility of accepting evidence rebutting this presumption. The exception. Maintenance judPersonal Status · Source page ٥٧٠
- Principle 1286Judgments rendered in certain personal status matters, such as custody, taking a child into one's care, and giving effect to a child's choice to live with either parent or another person. Their res judicata effect is temPersonal Status · Source page ٥٧٠
تقادم دعاوى الأحوال الشخصية
Principle 1288An application to enforce a judgment issued by a foreign state. It is neither a level of litigation nor a challenge to the judgment. - The competent judicial authority in the state requested to enforce may not examine thPersonal Status · Source page ٥٧١- Principle 1290An action for the wife's maintenance for a period preceding years ending on the date the action is filed. It shall not be heard unless the maintenance was fixed by mutual agreement. The basis for this. - 572 -Personal Status · Source page ٥٧٢
PreviousPage 20 of 20