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
Search this collectionاختصاص دائرة الإفلاس بالمحكمة الكلية
Principle 980The arbitral tribunal's ruling that it lacks jurisdiction to hear the dispute on the ground that it concerns an ordinary debt and does not relate to a forward share transaction. Has res judicata effect as to what it detePleadings — Part One · Source page ٥٥٣- Principle 981An action for nullity of a contract for the sale of shares on deferred payment, the cheque issued in payment of the price having been registered. The arbitration tribunal has jurisdiction over it.Pleadings — Part One · Source page ٥٥٣
- Principle 982Transactions involving company shares concluded on a deferred-payment basis that were not registered. No action, claim or complaint relating thereto is admissible before judicial, arbitration or investigative bodies befoPleadings — Part One · Source page ٥٥٣
- Principle 983A claim for a brokerage fee for intermediation in the purchase of company shares on deferred payment. A claim arising from the transaction in respect of which the intermediation took place. Jurisdiction to hear it is vesPleadings — Part One · Source page ٥٥٣
- Principle 984The jurisdiction of the Share Disputes Circuit of the Court of First Instance is subject-matter jurisdiction concerning public policy and is confined to matters formerly within the jurisdiction of the Arbitration Board. Pleadings — Part One · Source page ٥٥٣
- Principle 985Jurisdiction to hear disputes concerning forward share transactions. Vested in a chamber of the Court of First Instance composed of 3 judges, exercising the powers of the arbitration tribunal. Its judgments are final.Pleadings — Part One · Source page ٥٥٤
- Principle 986Disputes concerning shares traded on deferred-payment terms and debtors referred for declaration of bankruptcy, and related or connected actions concerning debts of their creditors not registered with the Clearing CompanPleadings — Part One · Source page ٥٥٤
- Principle 987The Circuit constituted at the Court of First Instance pursuant to Decree-Law 57/1982 and Decrees 59/1982, 75/1983, 100/1983. Its subject-matter jurisdiction to adjudicate matters formerly adjudicated by the Arbitration Pleadings — Part One · Source page ٥٥٤
- Principle 988The circuit constituted at the Court of First Instance pursuant to Decree-Law No. 42 of 1988 concerning the Liquidation of Situations Arising from Forward Share Transactions. It has jurisdiction only over matters formerlPleadings — Part One · Source page ٥٥٤
الاختصاص بنظر التظلم من أمر المنع من السفر
Principle 989The Deferred-Payment Share Disputes Circuit. Its jurisdiction. Articles 1, 2 and 6 of Decree-Law 57 of 1982 and 1 and 2 of Law 42 of 1988. Actions relating to transactions that do not constitute deferred-payment share trPleadings — Part One · Source page ٥٥٥- Principle 990Issuance of a travel ban order. The person against whom it is issued has the right to lodge a grievance against it either with the judge issuing the order or before the court having jurisdiction over the original action.Pleadings — Part One · Source page ٥٥٥
- Principle 991A travel-ban order issued by the Director of the Enforcement Department or by the person delegated by the general assembly of the Court of First Instance. A grievance against it is permissible in accordance with the rulePleadings — Part One · Source page ٥٥٥
- Principle 992Grievance against a travel ban order. Its manner. Either to the judge issuing the order or before the court having jurisdiction over the original action. Issuance of the ban order by the Director of the Enforcement DeparPleadings — Part One · Source page ٥٥٥
- Principle 993Grievance against travel-ban orders. Its manner. Issuance of the prohibition order by the Director of the Enforcement Department in his capacity as judge of interim matters, and a grievance against it before the Court ofPleadings — Part One · Source page ٥٥٦
- Principle 994A travel ban order. The jurisdiction of the Director of the Enforcement Department or whoever is designated by the General Assembly of the Court of First Instance to issue it. Issuance of an order imposing or refusing a Pleadings — Part One · Source page ٥٥٦
المحكمة المختصة بنظر التظلم من أمر الأداء
Principle 995A person against whom a travel-ban order has been issued may challenge it either before the Court of First Instance, before the same judge who issued the order, or before another judge of interim matters at the Court of Pleadings — Part One · Source page ٥٥٦- Principle 996Jurisdiction to issue a payment order. The person vested with it. The criterion for issuance of a payment order by a competent judge. The 3-day time limit specified in Article 167 of the Civil and Commercial Procedure LaPleadings — Part One · Source page ٥٥٦
الاختصاص بنظر دعاوى التعويض عن الكيد في التقاضي
Principle 997A grievance against a payment order. Constitutes new proceedings in which the complainant is treated as the plaintiff. The court - 556 - Civil Procedure hearing the grievance has jurisdiction over incidental claims in adPleadings — Part One · Source page ٥٥٦العيني عن نزع الملكية
Principle 998An action for compensation for malicious intent. Multiplicity of the malicious actions on which it is based. Its effect: the general rules in the Procedural Law must be consulted to determine the court having jurisdictioPleadings — Part One · Source page ٥٥٧العقود
Principle 999The administrative authority's expression of its will. It is through decisions issued by it on the basis of discretionary power or on the basis of bound power in which it has no freedom of discretion as to granting or wiPleadings — Part One · Source page ٥٥٧- Principle 1000Disputes arising from a contract-agency agreement. Jurisdiction thereover. The court within whose district the place of performance of the contract lies, as an exception to the rules of jurisdiction. The reason for this Pleadings — Part One · Source page ٥٥٨
- Principle 1001Disputes arising from a contract agency agreement. The court within whose district its place of performance lies has jurisdiction to hear them. The parties may agree in the contract to arbitration. - A plea that the courPleadings — Part One · Source page ٥٥٨
- Principle 1002Disputes arising from a contract agency agreement. Jurisdiction of the court within whose district its place of performance lies to hear disputes concerning it, as an exception to the jurisdictional rules contained in thPleadings — Part One · Source page ٥٥٨
المحكمة المختصة بدعوى الحراسة
Principle 1003Disputes arising from a contract agency agreement. Jurisdiction over them. Vested in the court within whose district the place of performance of the contract lies, as an exception to the rules of jurisdiction. The reasonPleadings — Part One · Source page ٥٥٨- Principle 1004An action for receivership. The court competent to hear it. The Court of Urgent Matters. - Bringing an independent action for receivership before the court of merits. Impermissible. Contravention of this. A violation of Pleadings — Part One · Source page ٥٥٩
المحكمة المختصة بطلب تفسير الحكم
Principle 1005The judge of urgent matters. His jurisdiction to assess the receiver's remuneration, guided therein by the value of the property placed under receivership, the importance of the work assigned to him and the receiver's coPleadings — Part One · Source page ٥٥٩- Principle 1006The court having jurisdiction over an application for interpretation is the court that rendered the judgment. Submitting the application to another court. Its effect. - Referral from a lower court to a higher court. ImpePleadings — Part One · Source page ٥٥٩
المحكمة المختصة بطلب تصحيح الخطأ المادي بالحكم
Principle 1007Ambiguity or uncertainty in the operative part of a judgment. Any of the litigants may request its interpretation. The implication thereof. Submission of the application for interpretation by the ordinary procedures for Pleadings — Part One · Source page ٥٥٩المحكمة المختصة ببحث الدفع ببطلان العقد الذي اتفق فيه على التحكيم
Principle 1008Clerical errors in a judgment. Their correction is not exclusively reserved to the court that issued it; the Court of Appeal shares that power as an ancillary jurisdiction vested in it by virtue of an appeal brought befoPleadings — Part One · Source page ٥٦٠المحكمة المختصة بطلب رد المحكم وفقاً لقانون هيئات التحكيم القضائي
Principle 1009The sale of a commercial establishment is concluded only by an official instrument. Absence thereof. Its effect. Nullity. - Jurisdiction to examine the plea of nullity of the contract in which arbitration was agreed is vPleadings — Part One · Source page ٥٦٠- Principle 1010Designation in the Civil Procedure Law of the court having jurisdiction over an application for recusal, without stating the rule governing its withdrawal, while providing that the grounds for seeking recusal of the arbiPleadings — Part One · Source page ٥٦٠
- Principle 1011An application to challenge an arbitrator. Jurisdiction of the Court of Cassation to decide it. Article 6 of Law 11 of 1995. - 560 - Procedure - The time limit for applying to challenge an arbitrator. Its duration and mePleadings — Part One · Source page ٥٦٠
المحكمة المختصة باستئناف الحكم الصادر في دعوى بطلان حكم المحكم
Principle 1012The Court of Cassation. Its jurisdiction to hear an application to disqualify an arbitrator. The applicant for disqualification is not obliged to deposit security. Its effect. No grounds for its forfeiture. 23- The courtPleadings — Part One · Source page ٥٦١- Principle 1013An arbitrator's award may not be appealed unless the litigants agree otherwise. The appeal is then brought before the Court of First Instance sitting as an appellate court. It is subject in this respect to the rules presPleadings — Part One · Source page ٥٦١
المحكمة المختصة بنظر الطلب المستعجل (قاضي الأمور الوقتية)
Principle 1014An action to invalidate an arbitral award. It is brought before the court originally competent to hear the dispute in accordance with the ordinary procedures for bringing an action. That court’s ruling of invalidity. ItsPleadings — Part One · Source page ٥٦١- Principle 1015The judgment issued on a grievance against the order of the judge of provisional matters authorizing attachment of the debtor's property held by third parties and provisionally assessing the attaching creditor's debt. IsPleadings — Part One · Source page ٥٦٢
- Principle 1016The judge of interim matters has jurisdiction to issue an order attaching the debtor's property held by third parties, even if the action concerning the underlying right has been brought before the competent court..Pleadings — Part One · Source page ٥٦٢
- Principle 1017An application to stay enforcement proceedings against real property. An interim enforcement dispute. Competence to hear it. The urgent matters judge and the trial court if brought before it incidentally. The trial courtPleadings — Part One · Source page ٥٦٢
- Principle 1018If the basis of the objection is an interim measure, jurisdiction to hear it lies with the judge of interim matters. Otherwise. Jurisdiction to hear it lies with the competent court in light of the jurisdictional rules pPleadings — Part One · Source page ٥٦٢
- Principle 1019Submission of an urgent application to the court of merits as ancillary to the substantive claim. Its implication. The court must ascertain that the condition for the jurisdiction of the urgent-matters judiciary to deterPleadings — Part One · Source page ٥٦٢
اختصاص الدائرة المدنية بمحكمة الاستئناف بتقدير أتعاب المحاماة
Principle 1020Jurisdiction of the judge of urgent matters to determine the debtor's need for housing. Subject-matter jurisdiction. Its connection with public policy. - 562 - Civil Procedure 25- Jurisdiction of the Civil Circuit at thePleadings — Part One · Source page ٥٦٢- Principle 1021Reduction of lawyers' fees by the court. The two factors that must be followed: the effort expended by the lawyer and the benefit accruing to the client. Procedures for seeking it. An action brought by the client or a dePleadings — Part One · Source page ٥٦٣
- Principle 1022The Civil Circuit sitting as the Court of Appeal. Its jurisdiction to determine the assessment of lawyers’ fees where there is no written agreement thereon or where it is invalid. Its judgment issued in this regard may nPleadings — Part One · Source page ٥٦٣
- Principle 1023The jurisdiction of the Civil Circuit of the Court of Appeal to assess an advocate's fees. Its condition. Absence of a written agreement on the fees, or nullity of that agreement, or that the disputed fees are due for coPleadings — Part One · Source page ٥٦٣
اختصاص قاضي التنفيذ
Principle 1024The jurisdiction of the Civil Circuit of the Court of Appeal where there is no written agreement on lawyers' fees or the agreement is void. A judicial act resolving the dispute between the lawyer and the client over thosPleadings — Part One · Source page ٥٦٣- Principle 1025The enforcement judge. His jurisdiction. Orders issued by him may be challenged by the same procedure prescribed for challenging orders issued by the President of the Court of First Instance.Pleadings — Part One · Source page
- Principle 1026The jurisdiction of the judge of interim matters to hear an objection to enforcement whenever the relief sought therein is an interim measure. Other substantive objections to enforcement or enforcement disputes in which Pleadings — Part One · Source page
- Principle 1027Assignment of particular actions to the various circuits of the Court of First Instance by a decision of the General Assembly. It does not go beyond a matter of subject-matter jurisdiction, but is merely an administrativPleadings — Part One · Source page
- Principle 1028The court's general assembly may establish more than one circuit to hear disputes concerning personal status. Designating some circuits to hear a particular type of these disputes. Does not deprive all Personal Status CiPleadings — Part One · Source page
- Principle 1029Subject-matter jurisdiction in personal status cases. It lies with the Personal Status Circuit at each court. Allocation of one or more circuits to a particular type of personal status case. Its implication. The remaininPleadings — Part One · Source page