المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Two

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,806 available principles

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    Principle 724The appearance of a litigant's name in the statement of claim without his capacity does not give rise to a plea of inadmissibility of the action, so long as it is apparent that he is sued in that capacity.Pleadings — Part Two · Source page ١٤٥
  2. Principle 725An heir represents the remaining heirs in actions brought by or against the estate.Pleadings — Part Two · Source page ١٤٥
  3. Principle 726Placing a person under judicial sequestration and prohibiting him from disposing of his assets. Its implication is to divest him of the administration and disposition of those assets. He has no right to litigate concerniPleadings — Part Two · Source page ١٤٥
  4. Principle 727Examination of the evidence and documents submitted in the action. Within the authority of the court of the merits. It may infer standing in the action, provided that its inference is sound. Disputing this before the CouPleadings — Part Two · Source page ١٤٥
  5. Principle 728The ship’s agent is the representative of the maritime carrier. In actions arising from the contract of carriage. The effect of that.Pleadings — Part Two · Source page ١٤٦
  6. Principle 729When standing exists in the defendant. Investigation of that standing and inference or negation of representation are within the authority of the court of merits.Pleadings — Part Two · Source page ١٤٦
  7. Principle 731An heir does not stand as a party on behalf of the estate unless he sues or is sued for the estate itself. If he sues or is sued concerning his share in the estate, he is not considered to stand in the estate’s place in Pleadings — Part Two · Source page ١٤٦
  8. Principle 732Issuance by the arbitral tribunal of an order prohibiting the debtor from disposing of his assets. Effect thereof. That debtor has no right to litigate concerning those assets as plaintiff or defendant.Pleadings — Part Two · Source page ١٤٦
  9. Principle 733Standing in an action. When it exists in the plaintiff. Determining the existence of such standing is within the trial judge’s authority, provided the determination is reasonable.Pleadings — Part Two · Source page ١٤٦
  10. Principle 734An heir stands as a party on behalf of the remaining heirs in actions brought by or against the estate whenever he sues or is sued seeking judgment for the estate for its entire entitlement, or where judgment against thePleadings — Part Two · Source page ١٤٦
  11. Principle 735Nullity of procedures based on the absence of standing of a party to the action or the validity of his representation. Not related to public policy. Raising it for the first time before cassation. Inadmissible. AscertainPleadings — Part Two · Source page ١٤٦
  12. Principle 736The chairman of the board of directors of a cooperative society is its representative before the courts and third parties. Only dispositions made by him may be invoked against the society.Pleadings — Part Two · Source page ١٤٧
  13. Principle 737The party having standing in an action for liability for performance of a contract of carriage is the carrier. Who the carrier is.Pleadings — Part Two · Source page ١٤٧
  14. Principle 738Ascertaining the parties’ standing in the action and inferring representation. A question of fact. The trial court has sole authority to assess it.Pleadings — Part Two · Source page ١٤٧
  15. Principle 739Nullity of proceedings based on the absence of standing of one of the parties to the action is unrelated to public policy. Express or implied waiver thereof extinguishes the right to invoke it.Pleadings — Part Two · Source page ١٤٧
  16. Principle 740Invalidity of procedures owing to the absence of standing of one of the parties to the action. Does not relate to public policy. Raising it for the first time before the Court of Cassation. Impermissible.Pleadings — Part Two · Source page ١٤٧
  17. Principle 741Nullity of a procedural act based on the absence of standing of one of the litigants, as well as that resulting from interruption of the proceedings. Relative. Does not concern public policy.Pleadings — Part Two · Source page ١٤٧
  18. Principle 742Investigating a party's standing in the action. Within the authority of the court of the merits. A sole proprietorship. The person having standing in litigation concerning it is its owner.Pleadings — Part Two · Source page ١٤٧
  19. Principle 743The ship's agent. An agent for the maritime carrier in actions arising from maritime carriage. Suing him suffices for the action to be deemed brought against the person with standing, without needing to sue the carrier. Pleadings — Part Two · Source page ١٤٧
  20. Principle 744Nullity of proceedings based on the absence of a party’s standing or the validity of his representation in the action does not - 147 - Civil Procedure concern public policy. Rather, it is prescribed in the interest of thPleadings — Part Two · Source page ١٤٧
  21. Principle 745Investigation of the litigants’ standing in an action. A question of fact within the trial court’s exclusive purview. For this purpose, it has authority to interpret instruments and assess evidence and presumptions.Pleadings — Part Two · Source page ١٤٨
  22. Principle 746Standing in an action. When it exists in the defendant. Example concerning the Municipality's dispute with a claimant of possession.Pleadings — Part Two · Source page ١٤٨
  23. Principle 747A company has a legal personality independent of that of its representative or its partners. Accordingly, naming it alone suffices validly to make it a party to proceedings. Any error in its representative’s name. No effPleadings — Part Two · Source page ١٤٨
  24. Principle 748The ship's agent. He is deemed the maritime carrier's representative in actions arising from carriage operations. Joining this agent as a party suffices for the action to be considered brought against the party with stanPleadings — Part Two · Source page ١٤٨
  25. Principle 749The ship's agent is deemed a representative of the maritime carrier in actions arising from carriage operations. Joining that agent as a defendant without specifying the carrier's name is sufficient for the action to be Pleadings — Part Two · Source page ١٤٨
  26. Principle 750Ascertaining the parties’ standing and assessing the existence of agency. A question of fact within the sole authority of the trial court.Pleadings — Part Two · Source page ١٤٨
  27. Principle 751Individual activities forming part of a natural person's patrimony. He may sue and be sued in respect thereof without referring to them.Pleadings — Part Two · Source page ١٤٨
  28. Principle 752Placing a company in liquidation does not deprive it of its legal personality. It retains that personality until liquidation is completed. The liquidator is the person with standing in actions brought by or against it duPleadings — Part Two · Source page ١٤٨
  29. Principle 753Liquidation of a company when a ground for its dissolution arises. How this is carried out. Its retention of legal personality throughout liquidation, with the directors’ powers terminating immediately upon its entering Pleadings — Part Two · Source page ١٤٨
  30. Principle 754The Corporation for the Settlement of Forward Transactions in Company Shares. Its appointment as judicial receiver over the assets of the referred debtor. Its acquisition of standing to represent him before the courts.Pleadings — Part Two · Source page ١٤٩
  31. Principle 755A plea of lack of standing. A substantive defence established to protect the person for whose benefit it was instituted. It may be raised at any stage of the proceedings. Raising it for the first time on appeal is permisPleadings — Part Two · Source page ١٤٩
  32. Principle 756The ship's agent is the legal representative of the maritime carrier in actions arising from the contract of carriage. Matters outside these actions. He has no standing therein. Example concerning a recourse action by anPleadings — Part Two · Source page ١٤٩
  33. Principle 757The ship’s agent. A representative of the maritime carrier in actions arising from maritime transport operations in the locality where the agent is located. Making him a party without the carrier is sufficient. His obligPleadings — Part Two · Source page ١٤٩
  34. Principle 758The commission agent is the party with standing to be sued in actions relating to transactions he concludes in his own name.Pleadings — Part Two · Source page ١٤٩
  35. Principle 759Inferring the existence or absence of representative capacity on behalf of a party. Within the authority of the court of the merits, provided that the inference is sound.Pleadings — Part Two · Source page ١٤٩
  36. Principle 760Ascertaining the parties’ standing in the action. A question of fact within the sole authority of the trial court, provided that its assessment is sound. Example. - 149 - ProcedurePleadings — Part Two · Source page ١٤٩
  37. Principle 761When standing exists in an action. Investigation of that standing. Within the authority of the court of merits.Pleadings — Part Two · Source page ١٥٠
  38. Principle 762Standing in an action. When it exists in the defendant. Ascertaining the parties’ standing. Within the trial court’s authority, provided it is reasonable.Pleadings — Part Two · Source page ١٥٠
  39. Principle 763An heir stands as litigant on behalf of the remaining heirs in actions brought by or against the estate whenever he sues or is sued seeking judgment for the estate for its entire entitlement or where judgment against thePleadings — Part Two · Source page ١٥٠
  40. Principle 764Ascertaining the parties' standing and determining the extent of the agency. Within the authority of the court of merits.Pleadings — Part Two · Source page ١٥٠
  41. Principle 765A sole proprietorship is not considered a juridical person with an independent patrimony. The person with standing to litigate on its behalf before the courts is its owner.Pleadings — Part Two · Source page ١٥٠
  42. Principle 766Standing in an action: when it exists in the plaintiff. Ascertaining the existence or absence of such standing. Within the authority of the court of merits.Pleadings — Part Two · Source page ١٥٠
  43. Principle 767Issuance of a judgment imposing judicial receivership. Its effect. Divesting the owner of the thing of its administration and the payment of his debts and obligations, preventing him from litigating concerning it, and thPleadings — Part Two · Source page ١٥٠
  44. Principle 769The independence of the company’s personality from the personality of its partners and its legal representative. The implication of that. Joining the company as a party does not constitute joining its partners or its legPleadings — Part Two · Source page ١٥٠
  45. Principle 770Ascertainment of the litigant's standing in the action. A question of fact that the court of merits independently determines. - 150 - Civil Procedure - A sole proprietorship forms part of its owner's patrimony, and he isPleadings — Part Two · Source page ١٥٠
  46. Principle 771Identification of a litigant. Its criterion. Claims being directed by or against that litigant. A party joined merely to be bound by the proceedings. Not a true litigant. Consequence thereof. That party's appeal against Pleadings — Part Two · Source page ١٥١
  47. Principle 772Standing in an action. When it exists in the defendant. - Ascertaining standing in an action. Within the authority of the trial court.Pleadings — Part Two · Source page ١٥١
  48. Principle 774Determining the existence of standing in an action. A factual matter within the exclusive purview of the trial judge. - The statement of the capacity of the person bringing the action appearing in a particular place in iPleadings — Part Two · Source page ١٥١
  49. Principle 775When an heir stands as a litigant on behalf of the remaining heirs in actions brought by or against the estate.Pleadings — Part Two · Source page ١٥١
  50. Principle 776The administrator of the waqf represents the waqf entity as a legal person. - A judgment rendered outside adversarial proceedings. It has no res judicata effect.Pleadings — Part Two · Source page
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