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. قاضي الأمور الوقتية

    Principle 1480The judge of temporary matters has jurisdiction to issue the 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 ٦٥٣
  2. Principle 1481A judicial claim that interrupts prescription. Its nature: bringing an action asserting the right, even before a court lacking jurisdiction. Merely bringing an action before the judge of urgent matters for an urgent intePleadings — Part One · Source page ٦٥٣
  3. Principle 1482Levying attachment on the debtor's assets pursuant to an order of the judge of interim matters. It derives its existence from that order. Revocation of that order. Its effect. Nullity of the attachment. - A final judgmenPleadings — Part One · Source page ٦٥٤
  4. Principle 1483The order issued by the President of the Court of First Instance pursuant to which the arbitrator's award is deemed enforceable. Its purpose: supervision of the arbitrator's work by verifying the existence of the arbitraPleadings — Part One · Source page ٦٥٤
  5. Principle 1484The creditor's right to attach the debtor's assets in satisfaction of his rights. Arises fundamentally from those rights. Cases in which obtaining an order from the judge of interim matters is required for attachment to Pleadings — Part One · Source page ٦٥٤
  6. Principle 1485Orders on petitions. They are orders issued by judges of interim matters, pursuant to their non-contentious authority, on petitions submitted to them by interested parties. Their issuance without reasons for an interim oPleadings — Part One · Source page ٦٥٤
  7. Principle 1486The judicial demand that interrupts prescription. Its nature: bringing an action to enforce the right, even before a court lacking jurisdiction. The reason: this course of conduct reveals the creditor’s definite intentioPleadings — Part One · Source page ٦٥٥

  8. قاضي التنفيذ

    Principle 1488Travel-ban orders. The person against whom the order was issued may lodge a grievance against it either before the Plenary Court, before the same judge who issued the order, or before another judge of interim matters at Pleadings — Part One · Source page ٦٥٥

  9. المحكمة التأديبية

    Principle 1491Judgments issued by the Juvenile Court imposing reprimand, placement in custody, judicial probation, and placement in a therapeutic shelter. They may not be challenged by any means of challenge, including opposition and Pleadings — Part One · Source page ٦٥٦

  10. العمل القضائي

    Principle 1492The person concerned must be notified of the disciplinary measure and given sufficient time to prepare his defence. This is mandatory even where there is no provision to that effect. Failure to complete that service. ItsPleadings — Part One · Source page ٦٥٦

  11. التنظيم القضائي

    Principle 1494The judge’s non-contentious acts. The legislature specified them exhaustively. - Orders on petitions. They may not be issued in cases where no special provision authorizes their issuance. The absence of a provision in thPleadings — Part One · Source page ٦٥٦
  12. Principle 1495Jurisdiction of the courts. It encompasses determination of all disputes in all their civil, commercial and administrative forms and matters of personal status. Distribution of competence among these courts according to Pleadings — Part One · Source page ٦٥٧
  13. Principle 1497Litigation at two levels. A fundamental principle of the judicial system. Its relation to public policy. The effect thereof. The parties may not waive it, nor may the judgment contravene it.Pleadings — Part One · Source page ٦٥٧
  14. Principle 1500Judgments subject to appeal. They may not be compulsorily enforced unless expedited enforcement is provided for by law or ordered in the judgment. The challenged judgment's contravention thereof. A violation of law and aPleadings — Part One · Source page ٦٥٧
  15. Principle 1501The administrative judiciary. Its jurisdiction over administrative contracts derives from the relationships they contain that fall within the domains of public law. - Not all contracts concluded by the administration arePleadings — Part One · Source page ٦٥٨
  16. Principle 1503The provision in Article 32 of Law 42/1964 concerning the regulation of the legal profession conferring upon the judge authority to assess lawyers' fees if the client disputes them. Its amendment by Law 62/1996 and the ePleadings — Part One · Source page ٦٥٩
  17. Principle 1505The arbitral tribunal. How it is constituted: of three members of the judiciary and two arbitrators registered with the Arbitration Department at the Court of Appeal, each party to the dispute selecting one of them. FailPleadings — Part One · Source page ٦٥٩

  18. صلاحية القاضي للحكم

    Principle 1509A judge’s disqualification from hearing the action: having previously expressed an opinion in the action, performed an act that gives the judge an opinion therein, or taken a measure revealing the judge’s viewpoint. The Pleadings — Part One · Source page ٦٦١
  19. Principle 1510Disqualification of a judge. Its cases. What does not constitute grounds for disqualification. Example. Reversing the appealed judgment insofar as it deemed the action as if it had never been filed, and remitting it to tPleadings — Part One · Source page ٦٦١
  20. Principle 1511The judges who participated in deliberating on the judgment. They must attend its reading. Failure to state the names of the judges who heard the oral argument, participated in the judgment, and attended its pronouncemenPleadings — Part One · Source page ٦٦٢
  21. Principle 1512Issuance of a judgment, whether by deliberating upon it or signing its draft. Permissible only for the judges who heard the pleadings. The occurrence of an impediment preventing any of them from attending the hearing at Pleadings — Part One · Source page ٦٦٢
  22. Principle 1513Signing the draft judgment. Inability of the judge or the presiding judge of the chamber, as applicable, to sign the original copy of the judgment. It may be signed by the President of the Court. Article 117, Civil ProcePleadings — Part One · Source page ٦٦٢
  23. Principle 1514The judge's prior hearing of the action at the same level or stage. Does not affect his qualification or continued hearing thereof. Example. - 662 - Civil ProcedurePleadings — Part One · Source page ٦٦٢
  24. Principle 1515The appellant’s failure to provide evidence of a kinship between the presiding judge of the circuit that issued the challenged judgment and the respondent which precludes hearing the action. An inadmissible ground of chaPleadings — Part One · Source page ٦٦٣
  25. Principle 1517The signing of the draft by the judge who was a member of the panel that heard the pleadings, and the recording of that fact at the conclusion of the judgment. He is not required to state the impediment that prevented hiPleadings — Part One · Source page ٦٦٣
  26. Principle 1518The judges who heard oral argument. Participation by others in rendering the judgment, whether by deliberating on it or signing its draft. Impermissible. An impediment affecting one of the judges who rendered the judgmenPleadings — Part One · Source page ٦٦٣
  27. Principle 1519The draft judgment. It must be signed by all members of the panel that issued it. Failure to do so. Its effect. Nullity of the judgment. This is not averted by signing the sheet containing only the operative part or a poPleadings — Part One · Source page ٦٦٣

  28. عدم صلاحية القاضي للحكم

    Principle 1520Failure of one of the judges who rendered the judgment to attend the hearing at which it is pronounced. Its necessary consequence. His signature on the draft judgment containing its reasons and operative part must be estPleadings — Part One · Source page ٦٦٤
  29. Principle 1521Judgments of the Court of Cassation cannot be impugned in any manner whatsoever. The exception. The existence of a ground of disqualification in respect of one of its counsellors results in the nullity of the judgment isPleadings — Part One · Source page ٦٦٤
  30. Principle 1522The judge's obligation to refrain from hearing the action. Its basis. His performance of an act that gives him an opinion on it, conflicting with the requirement that his mind be free of its subject matter. - A judge's pPleadings — Part One · Source page ٦٦٤
  31. Principle 1523The judge's prior expression of an opinion in the dispute before him or in previous litigation between the same litigation. Its effect. His disqualification from hearing the action whenever adjudicating it requires exprePleadings — Part One · Source page ٦٦٤
  32. Principle 1524A judge's disqualification from hearing an action. Its cases. His prior expression of an opinion in the same dispute before him or in previous litigation between the same parties of which the pending case constitutes a cPleadings — Part One · Source page ٦٦٤
  33. Principle 1525A judge’s non-participation in the panel constituted at the court of first instance in deliberating upon and issuing the judgment, with the judge’s role confined to pronouncing it. Subsequently being a member of the CourPleadings — Part One · Source page ٦٦٥
  34. Principle 1526A judge's disqualification from hearing the action. Its cases. Article 102 of the Law of Procedure. - The judge's previous expression of an opinion in the same dispute before him or in previous litigation between the samPleadings — Part One · Source page ٦٦٥
  35. Principle 1527Personal status actions that the legislature requires the Public Prosecution to institute or intervene in. It is considered a party to the action, possessing all the rights accorded to parties. - The Public Prosecution iPleadings — Part One · Source page ٦٦٥
  36. Principle 1528Disqualification of a judge from hearing an action that he previously heard as a judge, expert or arbitrator, or in which he gave testimony. Its condition. The subject matter of the action with which he was involved in tPleadings — Part One · Source page ٦٦٥
  37. Principle 1529The judge's prior expression of an opinion in the dispute before him or in previous litigation conducted between the same parties. Its effect. His disqualification from hearing the action. - The judge's previous hearing Pleadings — Part One · Source page ٦٦٦
  38. Principle 1530The existence of kinship up to the second degree between the judge and counsel for a litigant. Bars him from hearing the action even if no litigant challenges him. The judge's act or judgment is void by a nullity relatinPleadings — Part One · Source page ٦٦٦
  39. Principle 1531A judge’s disqualification from hearing the action. Its criterion. Having previously heard it and the case presented constituting a continuation of and return to the previous case. The judge’s issuance of a judgment in tPleadings — Part One · Source page ٦٦٦
  40. Principle 1532The Court of Cassation is the final destination in the stages of litigation. Its judgment may not be challenged on any ground whatsoever. The exception: the existence, in respect of one of the counsellors who issued the Pleadings — Part One · Source page ٦٦٦
  41. Principle 1533A judge expressing an opinion on the very dispute before him, or in previous litigation between the same litigants of which the case before him constitutes a continuation and a return to it. Its consequence. His disqualiPleadings — Part One · Source page ٦٦٦
  42. Principle 1534Appealing judgments rendered within the final monetary jurisdiction of courts of first instance. Permissible as an exception to the general rules in cases including nullity in the judgment. Among these is rendition of thPleadings — Part One · Source page ٦٦٧
  43. Principle 1535A judge's disqualification from deciding an action he previously heard as a judge. Its reason is the apprehension that he may adhere to the opinion disclosed by his earlier work. The basis of his duty to refrain. Its conPleadings — Part One · Source page ٦٦٧
  44. Principle 1536Issuance of a judicial judgment validly and producing its effects. Its effect. The grounds of defect affecting it may not be examined except by challenging it through the appropriate avenues. There is no means of settingPleadings — Part One · Source page ٦٦٧
  45. Principle 1537A judge's disqualification from hearing the action. Its cases. Article 102, Civil Procedure. - The judge's prior expression of an opinion in the same dispute before him or in previous litigation between the same parties.Pleadings — Part One · Source page
  46. Principle 1538The judge's prior expression of an opinion in the same dispute before him or in previous litigation between the same parties such that the pending case constitutes a continuation thereof. A ground of disqualification. A Pleadings — Part One · Source page
  47. Principle 1539A judge is disqualified from hearing the action, even if none of the litigants seeks his recusal, if he is related to any of them by blood or marriage. The reason: the existence of a close relationship between them requiPleadings — Part One · Source page
  48. Principle 1540Judgments of the Court of Cassation. They may not be challenged by any means of challenge. Article 156/2 of the Law of Procedure. The reason for that. They are the final stage in the levels of litigation. Exception: nullPleadings — Part One · Source page
  49. Principle 1541Establishment that a dispute exists between the judge and one of the litigants in the action he is hearing. Its effect. His being barred from hearing the action. Article 102 of the Civil Procedure Law. The arising of thiPleadings — Part One · Source page
  50. Principle 1542Designation in the Civil Procedure Law of the court competent to hear a recusal application without stating the rule governing its withdrawal, while providing that the grounds for requesting the recusal of an arbitrator Pleadings — Part One · Source page
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