المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. المحكمة الدستورية

    Principle 1256The Constitutional Court’s ruling that Article 15/1 of Law 11/1962, as amended by Law 105/1994, concerning passports is unconstitutional insofar as it provides that a wife may not be granted a separate passport without tPleadings — Part One · Source page ٦١٤
  2. Principle 1257Issuance of a judgment by the Constitutional Court declaring unconstitutional the last paragraph of Article (5) of Law 5 of 2007 insofar as it provides that a person is deemed to have resigned from his leadership positioPleadings — Part One · Source page ٦١٤
  3. Principle 1258The jurisdiction of the courts. It encompasses adjudication of all disputes in all their civil, commercial and administrative forms and matters of personal status. Allocation of jurisdiction among these courts according Pleadings — Part One · Source page ٦١٤

  4. - اختصاص لجنة فحص الطعون بالمحكمة الدستورية

    Principle 1259Bringing disputes before the Constitutional Court. The means thereof. Article 4 of Law 14 of 1973 establishing the Constitutional Court. - Courts' rulings that a plea in a dispute concerning the unconstitutionality of laPleadings — Part One · Source page ٦١٤
  5. Principle 1260A ruling of unconstitutionality of laws and decree-laws regulations. Methods of challenging them. Jurisdiction over the challenge. It is vested in the Appeals Examination Committee at the Constitutional Court, to the excPleadings — Part One · Source page ٦١٥
  6. Principle 1261Challenge against a judgment finding a dispute concerning the constitutionality of laws, decree-laws and regulations not serious. Its procedures. The body competent to determine it: the Appeals Examination Committee.Pleadings — Part One · Source page ٦١٥
  7. Principle 1262The Appeals Examination Committee at the Constitutional Court has exclusive jurisdiction, to the exclusion of other judicial bodies, to adjudicate upon judgments issued by courts finding that a challenge to the constitutPleadings — Part One · Source page ٦١٥
  8. Principle 1263Jurisdiction to adjudicate judgments issued by courts finding that a dispute concerning the constitutionality of laws, decree-laws and regulations is not serious. Vested in the Appeals Examination Committee of the ConstiPleadings — Part One · Source page ٦١٥
  9. Principle 1264Judgments issued by courts finding that a challenge to the constitutionality of laws, decree-laws and regulations lacks seriousness. Challenging them. The route therefor. Before the Appeals Examination Committee of the CPleadings — Part One · Source page ٦١٥
  10. Principle 1265Challenges to judgments finding a dispute over the constitutionality of laws to be non-serious. The jurisdiction of the Appeals Examination Committee of the Constitutional Court to adjudicate them, to the exclusion of alPleadings — Part One · Source page ٦١٥

  11. محكمة أول درجة

    Principle 1267A ruling invalidating the arbitral award entails the court hearing the merits determined by that award. - The action must be remitted to the court of first instance whenever the challenged judgment is declared invalid. TPleadings — Part One · Source page ٦١٦
  12. Principle 1268The Court of Cassation ruling to set aside the judgment for its invalidity on a ground unrelated to the filing of the statement of claim. Its effect. It must remit the action to the court of first instance to decide its Pleadings — Part One · Source page ٦١٦
  13. Principle 1269The court of first instance's omission, through error or oversight, to adjudicate one of the claims. It is remedied by returning to the same court to consider it. The judgment may not be challenged by appeal in respect oPleadings — Part One · Source page ٦١٦
  14. Principle 1270The court of first instance exhausts its jurisdiction by deciding the merits of the action. Appeal against that judgment. Its effect: the claims, pleas and grounds of defence contained in the action are deemed submitted Pleadings — Part One · Source page ٦١٦
  15. Principle 1271The court of first instance exhausting its jurisdiction by ruling on the merits of the action. The Court of Appeal's ruling setting aside that judgment. Its effect. It must determine the merits of the action without remiPleadings — Part One · Source page ٦١٦
  16. Principle 1272Appeal. Its scope: not all claims presented before the court of first instance, but those submitted before the Court of Appeal. The court of first instance’s adjudication of the remainder becomes final and conclusive. ItPleadings — Part One · Source page ٦١٧
  17. Principle 1273An appeal transfers the action in its existing state and the entire subject matter of the dispute and resubmits it to the Court of Appeal with its legal grounds and factual evidence, within the limits of what has been apPleadings — Part One · Source page ٦١٧
  18. Principle 1274The plea that the action may not be heard because the distribution contract in dispute was not registered. A plea concerning procedure and not the substance of the right. The challenged judgment being confined to upholdiPleadings — Part One · Source page ٦١٧
  19. Principle 1275The court of first instance’s exhaustion of its jurisdiction by ruling on the merits of the action. Establishment of the invalidity of the judgment. The Court of Appeal must proceed to determine the merits of the action Pleadings — Part One · Source page ٦١٧
  20. Principle 1276Joining on appeal a person who was not a party before the court of first instance. Impermissible. Example.Pleadings — Part One · Source page ٦١٧
  21. Principle 1277The court of first instance's ruling that a grievance against an order assessing judicial fees is inadmissible because it was filed out of time, and the Court of Appeal's merely setting it aside and remitting it to the cPleadings — Part One · Source page ٦١٧
  22. Principle 1279The devolutive effect of the appeal. Its implication. Resubmission of the subject matter of the dispute to which the challenge relates, together with its legal grounds and factual evidence, on the basis of the evidence, Pleadings — Part One · Source page ٦١٨
  23. Principle 1280The Court of Appeal may adopt an approach to assessing maintenance different from that of the court of first instance. Its response to that court's evidence. Not necessary. It suffices that its view have an established bPleadings — Part One · Source page ٦١٨
  24. Principle 1282The court of second instance may adopt the reasons of the judgment of the court of first instance as its own reasons without formulating new reasons. The condition therefor. - 618 - Civil ProcedurePleadings — Part One · Source page ٦١٨
  25. Principle 1283What the court of first instance determined and was not the subject of an appeal. Its acquisition of the force of res judicata upon expiry of the time limit for challenging it. Its implication. It may not be discussed anPleadings — Part One · Source page ٦١٩
  26. Principle 1284The scope of an appeal. Determined by the claims previously advanced before the court of first instance and within the limits of what has been appealed. Neither the court nor the parties may depart from them, whether by Pleadings — Part One · Source page ٦١٩
  27. Principle 1285The court of first instance's ruling invalidating an arbitral award because of the invalidity of the arbitration submission agreement, without adjudicating the remaining grounds of invalidity. The court does not thereby Pleadings — Part One · Source page ٦١٩
  28. Principle 1286Judgments rendered as final by the court of first instance. The condition for appealing them. The occurrence of nullity in the judgment or nullity in the proceedings affecting the judgment. Article 138/2 of the Code of PPleadings — Part One · Source page ٦١٩
  29. Principle 1287The Court of Appeal may assess maintenance differently from the assessment of the court of first instance. The condition for this. An example.Pleadings — Part One · Source page ٦١٩
  30. Principle 1288Appealing judgments issued within the final-instance monetary jurisdiction of courts of first instance. Permissible as an exception to the general rules in circumstances including nullity of the judgment. This includes iPleadings — Part One · Source page ٦١٩
  31. Principle 1289An appeal transfers the action to the court of second instance within the limits of what has been appealed, together with the pleas and grounds of defence previously raised by the respondent before the court of first insPleadings — Part One · Source page ٦٢٠
  32. Principle 1290Determining what part of the first-instance ruling is challenged on appeal. Its criterion. The appellant’s claims stated in the appeal petition, not what the appellant subsequently claims again in his memoranda. - UndersPleadings — Part One · Source page ٦٢٠
  33. Principle 1291Determining the part of the court of first instance’s judgment challenged on appeal. Its criterion: the appellant’s claims set out in the appeal petition, not the grounds relied upon. A request to set aside the appealed Pleadings — Part One · Source page ٦٢٠
  34. Principle 1292The Court of Appeal. Has no jurisdiction to hear an application for approval of a composition to avert bankruptcy for the first time. Its jurisdiction in that regard is limited to its capacity as a court hearing an appeaPleadings — Part One · Source page ٦٢٠
  35. Principle 1293The court of first instance’s omission, by mistake or oversight, to determine one of the claims. It is remedied by returning to the same court for its examination. The judgment may not be challenged by appeal in respect Pleadings — Part One · Source page ٦٢٠
  36. Principle 1294A judgment terminating the proceedings before the Court of Appeal. Its effect. Termination of the proceedings before the court of merits at both levels, representing the final adjudication of the action within the limitsPleadings — Part One · Source page ٦٢١
  37. Principle 1295Advancing any new claim before the Court of Appeal. Inadmissible. Its necessary consequence: the court may rule accordingly of its own motion. The condition thereof. It differs from the claim advanced before the court ofPleadings — Part One · Source page ٦٢١

  38. محكمة ثاني درجة

    Principle 1296The scope of the appeal. Its determination by the claims presented which were previously made before the court of first instance. Those not presented on appeal become conclusive and acquire res judicata effect, which prePleadings — Part One · Source page ٦٢١
  39. Principle 1297The second-instance court finding that the defendant was not served. It must not stop at declaring nullity, but must order that the action be remitted to the first-instance court for determination on its merits after thePleadings — Part One · Source page ٦٢٢

  40. المحكمة الجزئية

    Principle 1298Incidental appeal. Permissible by the respondent until the close of pleadings. Condition thereof. That he has not acquiesced in the judgment after the principal appeal was filed. His acquiescence therein. Its effect. ForPleadings — Part One · Source page ٦٢٢

  41. المحكمة الكلية

    Principle 1300The Summary Court. Its jurisdiction to adjudicate at first instance civil and commercial actions whose value does not exceed five thousand dinars, and its judgment is final if the value does not exceed one thousand dinarPleadings — Part One · Source page ٦٢٣
  42. Principle 1301The final-instance monetary threshold of the Court of First Instance is five thousand dinars. - Assessment of the value of the action. The criterion therein. - Actions brought seeking relief incapable of valuation are dePleadings — Part One · Source page ٦٢٣
  43. Principle 1302Jurisdiction of the Labour Circuit of the Court of First Instance. It extends to include claims connected with the disputes the legislature entrusted it to adjudicate. Example.Pleadings — Part One · Source page ٦٢٣
  44. Principle 1303The final-instance monetary limit of the Court of First Instance is five thousand dinars. - Assessment of the value of an action for purposes of the appeal threshold is based on the parties' final claims. Example.Pleadings — Part One · Source page ٦٢٣
  45. Principle 1304The Administrative Circuit of the Court of General Jurisdiction. Matters within its jurisdiction. Applications to annul decisions seconding and transferring employees. Fall outside this jurisdiction unless they involve aPleadings — Part One · Source page ٦٢٣
  46. Principle 1305Actions incapable of valuation. Their value is deemed to exceed the final-instance monetary limit of the Summary Court. The basis for this. They fall within the subject-matter jurisdiction of the Court of First Instance.Pleadings — Part One · Source page
  47. Principle 1306Qualification of an employee appointed on probation for his position after expiry of the legally prescribed probationary period. Its prerequisite. His suitability to discharge the duties of that position. Absence of thisPleadings — Part One · Source page
  48. Principle 1307The Administrative Circuit of the Court of First Instance. Matters within its jurisdiction. - Law 41/1993. Specified for the administrative authority the controls and criteria pursuant to which debts are purchased, in tePleadings — Part One · Source page
  49. Principle 1309The administrative decision disputes concerning which fall within the jurisdiction of the Administrative Circuit of the Court of First Instance. Its nature.Pleadings — Part One · Source page
  50. Principle 1310The Administrative Circuit of the Court of First Instance. Its exclusive jurisdiction to adjudicate the administrative disputes stipulated in Decree-Law 21 of 1981, as amended.Pleadings — Part One · Source page
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