المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part One

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,422 available principles

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  1. تعلق الدفع بعدم الاختصاص النوعي بالنظام العام

    Principle 767Subject-matter jurisdiction. Its relation to public policy. The consequence thereof. It is deemed to be before the court even if not pleaded before it, and the court rules on it of its own motion. - The criterion for detPleadings — Part One · Source page ٥٠٥
  2. Principle 768Obtaining an order on petition. Its condition: submission to the judge of interim matters at the court having jurisdiction to hear the dispute to which the order relates. Refusal to issue the order. Its effect. The appliPleadings — Part One · Source page ٥٠٥
  3. Principle 769Grounds concerning public order. The Court of Cassation may raise them of its own motion even if they were not included in the petition of appeal. - The connection of the binding authority of a judgment with public orderPleadings — Part One · Source page ٥٠٥

  4. حظر مخالفة قواعد الاختصاص المتعلقة بمبدأ التقاضي على درجتين

    Principle 771The ordinary judiciary possesses general jurisdiction to hear civil and commercial disputes. The implication thereof. - The issue of lack of subject-matter jurisdiction. Its relation to public policy. The effect thereof.Pleadings — Part One · Source page ٥٠٦

  5. العبرة في تحديد الاختصاص النوعي

    Principle 772The proceedings on appeal. Their scope in terms of their parties. - Joining a party for the first time before the appellate court is regarded as commencing a new action before it. This violates the rules of jurisdiction.Pleadings — Part One · Source page ٥٠٦
  6. Principle 774The criterion for determining the jurisdiction of the judicial body is the relief sought by the plaintiff in his action. An example concerning an action falling outside the subject-matter jurisdiction of the Labor CircuiPleadings — Part One · Source page ٥٠٧
  7. Principle 775Subject-matter jurisdiction. Its pertaining to public policy. Effect thereof. It is deemed to be before the court even if not pleaded before it, and the court rules on it of its own motion. - The criterion for determininPleadings — Part One · Source page ٥٠٧
  8. Principle 776The jurisdiction of each judicial body. The determining consideration in establishing it. The relief sought by the plaintiff in his action.Pleadings — Part One · Source page ٥٠٧
  9. Principle 777The subject-matter jurisdiction of each judicial body. It is determined by the relief sought by the plaintiff in his action. - Jurisdiction over an action for nullity of dispositions. Vested in the Civil Circuit. Reason Pleadings — Part One · Source page ٥٠٧
  10. Principle 778The subject-matter jurisdiction of each judicial body. Its determination is governed by the relief sought by the plaintiff. - 507 - ProcedurePleadings — Part One · Source page ٥٠٧
  11. Principle 779Determining the subject-matter jurisdiction of each judicial body. The determining consideration is the relief sought by the plaintiff in his action.Pleadings — Part One · Source page ٥٠٨

  12. اختصاص الدائرة الإدارية بمحكمة التمييز بطلبات رجال القضاء

    Principle 780Determination of subject-matter jurisdiction. Its criterion: the relief sought by the plaintiff. - Types of subject-matter jurisdiction:- 1- Jurisdiction of the administrative circuit of the Court of Cassation over appliPleadings — Part One · Source page ٥٠٨
  13. Principle 781Applications by members of the judiciary and the Public Prosecution before the Cassation Circuit entrusted with hearing them. Its connection with an affair of members of the judiciary and the Public Prosecution. ProcedurPleadings — Part One · Source page ٥٠٨
  14. Principle 782Acts of sovereignty. Their nature. The courts may not examine them. Determining what constitutes an act of sovereignty and falls outside judicial review lies within the authority of the courts. The impossibility of membePleadings — Part One · Source page ٥٠٨
  15. Principle 783The State's right to take the measures necessary to safeguard its supreme interests and ensure its safety. Derived from international law. The implication thereof. It may deport undesirable foreigners or prevent their rePleadings — Part One · Source page ٥٠٨
  16. Principle 784The jurisdiction of the Cassation Circuit entrusted with hearing administrative appeals to determine applications by members of the judiciary and Public Prosecution for annulment of final administrative decisions issued Pleadings — Part One · Source page ٥٠٩

  17. اختصاص الدائرة العمالية بالمحكمة الكلية

    Principle 785The jurisdiction of the Judicial Personnel Applications Circuit of the Court of Cassation to determine applications submitted by members of the judiciary and the Public Prosecution, or their heirs, concerning the challenPleadings — Part One · Source page ٥٠٩
  18. Principle 786The jurisdiction of the labour circuit of the Court of First Instance is confined to adjudicating labour disputes arising from the application of the provisions of the laws on employment in the private sector and the oilPleadings — Part One · Source page ٥٠٩
  19. Principle 787A claim for the expenses of a study mission. Its exclusion from disputes arising from the application of the Labour Law that fall within the jurisdiction of the Labour Circuit.Pleadings — Part One · Source page ٥١٠
  20. Principle 788The subject-matter jurisdiction of the Labour Circuit of the Court of First Instance. The disputes it encompasses. - An action brought on the basis of a principal's liability for the acts of his subordinate. It does not Pleadings — Part One · Source page ٥١٠
  21. Principle 789Assessment of the value of an action in relation to the appeal threshold is based on the litigants’ final requests for relief. The reason thereof. Appeals against judgments issued as final by courts of first instance. ThPleadings — Part One · Source page ٥١٠
  22. Principle 790The monetary threshold for final, non-appealable judgments of the Court of First Instance. Its application to labour disputes. Reason therefor. Decree-Law 46/1987 establishing a Labour Circuit at the Court of First InstaPleadings — Part One · Source page ٥١٠
  23. Principle 791Determination of the subject-matter jurisdiction of each judicial body. The determining consideration therein. - The Labour Division of the Court of First Instance. Its jurisdiction: adjudication of labour disputes arisiPleadings — Part One · Source page ٥١٠
  24. Principle 792The court of merits must ascertain the correct legal rule applicable to the relationship between the parties to the compensation action and apply it to the facts before it. The reason therefor. - Bringing a compensation Pleadings — Part One · Source page ٥١٠
  25. Principle 793The Labour Circuit of the Court of First Instance. The legislature has entrusted it exclusively with determining labour disputes arising from the application of the provisions of laws enacted concerning labour and regulaPleadings — Part One · Source page ٥١١
  26. Principle 794The jurisdiction of the Labor Circuit of the Court of First Instance extends to claims connected with disputes that the legislature entrusted it to determine. Example.Pleadings — Part One · Source page ٥١١
  27. Principle 795A worker injured in an accident because of or during work has the right to compensation. Jurisdiction to determine that matter vests exclusively in the Labour Circuit of the Court of First Instance. Example.Pleadings — Part One · Source page ٥١١
  28. Principle 796The Labour Division of the Court of First Instance has exclusive jurisdiction to adjudicate labour disputes arising from the application of the provisions of laws enacted concerning labour and the regulation of the relatPleadings — Part One · Source page ٥١١
  29. Principle 797The Labor Circuit of the Court of First Instance. Its jurisdiction. Restricted to determining labor disputes arising from the application of the provisions of laws issued concerning labor and regulating the relationship Pleadings — Part One · Source page ٥١١
  30. Principle 798Subject-matter jurisdiction. Is attributed in principle to the court, not to its circuits. Assignment of particular actions to different circuits by a decision of the general assembly. An administrative distribution of wPleadings — Part One · Source page ٥١٢
  31. Principle 799The jurisdiction of the Labour Circuit of the Court of First Instance. Its criterion. - An action for compensation brought on the basis of tort liability. Does not fall within the subject-matter jurisdiction of the LabouPleadings — Part One · Source page ٥١٢
  32. Principle 800Jurisdiction of the Labour Circuit of the Court of First Instance. Its scope. A claim for compensation based on the provisions of tort liability. The Labour Circuit lacks jurisdiction to hear it, and the person bringing Pleadings — Part One · Source page ٥١٢
  33. Principle 801Determination of labour disputes arising from the application of the provisions of laws enacted concerning labour and regulating the relationship between workers and employers in the oil business sector, and claims for cPleadings — Part One · Source page ٥١٢
  34. Principle 804The Labour Division of the Court of First Instance. The scope of its jurisdiction. - A claim by a person having no employment relationship with the employer for his entitlements in the Fellowship Fund pursuant to the rulPleadings — Part One · Source page ٥١٣
  35. Principle 805The jurisdiction of the Labor Circuit of the Court of First Instance. Its nature. A claim for nullity of the extraordinary general assembly meeting of the Union of Employees of the Ministry of Electricity and Water, nullPleadings — Part One · Source page ٥١٣
  36. Principle 806Determination of the subject-matter jurisdiction of each judicial body. The criterion therefor. - The Labour Circuit of the Court of First Instance. Its jurisdiction: determination of labour disputes arising from the appPleadings — Part One · Source page ٥١٣
  37. Principle 808Determination of subject-matter jurisdiction. Its criterion: the relief sought by the claimant. - Jurisdiction of the Labour Circuit of the Court of First Instance. Its nature. A claim for invalidation of the extraordinaPleadings — Part One · Source page ٥١٤
  38. Principle 809Determination of the subject-matter jurisdiction of each judicial body. The determining consideration therein. - The Labour Division of the Court of First Instance. Its jurisdiction: adjudication of labour disputes arisiPleadings — Part One · Source page ٥١٤
  39. Principle 810The Labor Circuit of the Court of First Instance. Its subject-matter jurisdiction to determine labor disputes arising from the application of the provisions of laws issued concerning labor and the regulation of the relatPleadings — Part One · Source page ٥١٤
  40. Principle 811A worker's submission of an application concerning his entitlement to the Ministry of Social Affairs and Labour as the sole procedure initiating a judicial claim in labour actions. An exception to the general rules for bPleadings — Part One · Source page ٥١٤
  41. Principle 812Determining the subject-matter jurisdiction of each judicial body. The determining consideration is what the plaintiff seeks in his action. - A natural obligation. Its capacity to constitute the basis of a civil obligatiPleadings — Part One · Source page ٥١٥
  42. Principle 813The Labour Circuit of the Court of First Instance. Its jurisdiction to adjudicate labour disputes arising from the application of the provisions of laws issued concerning labour and the relationship between workers and ePleadings — Part One · Source page ٥١٥
  43. Principle 814The Labor Circuit of the Court of First Instance. Its jurisdiction: determination of labor disputes arising from the application of the provisions of laws issued concerning labor and the relationship between workers and Pleadings — Part One · Source page ٥١٥

  44. اختصاص دائرة الأحوال الشخصية

    Principle 815The Labour Circuit of the Court of First Instance. It has exclusive jurisdiction to adjudicate labour disputes arising from the application of the provisions of laws issued concerning labour and the regulation of the relPleadings — Part One · Source page ٥١٥
  45. Principle 816The legislature’s making the jurisdiction of the personal status circuit unrestricted in adjudicating all disputes relating to personal status. Its purpose. To make this jurisdiction encompass all disputes relating or coPleadings — Part One · Source page ٥١٦
  46. Principle 817The challenged judgment’s remaining within the subject matter of the action, which falls within the jurisdiction of the Personal Status Court, without encroaching upon the jurisdiction of the committees provided for in APleadings — Part One · Source page
  47. Principle 818The exclusive jurisdiction of the Personal Status Court over actions concerning parentage and correction of names. Disputes concerning personal status. Article 338 of Law 51/1984 AD. - Staying proceedings where the courtPleadings — Part One · Source page
  48. Principle 819Establishing a single circuit composed of one or more chambers to hear personal status matters according to their type is an internal organizational arrangement. Its effect: it does not prevent any chamber of the circuitPleadings — Part One · Source page
  49. Principle 821Actions for correction of names which the Personal Status Circuit has jurisdiction to hear are actions brought where lineage is disputed. Example concerning an action for correction of a name in which there is no disputePleadings — Part One · Source page
  50. Principle 822Subject-matter jurisdiction is, in principle, attributed to the Court of First Instance, not to its circuits. Assignment of particular actions to the various circuits of the court by a resolution of its general assembly.Pleadings — Part One · Source page
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