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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  1. الصفة في الدعوى:

    Principle 777Assessing evidence, including presumptions, and ascertaining a litigant’s capacity. Within the trial court’s authority.Pleadings — Part Two · Source page ١٥١
  2. Principle 778Issuance of a receivership judgment. Its effect. The receiver becomes the person entitled to administer the property placed under receivership, safeguard its rights, and litigate concerning it. - 151 - Civil ProcedurePleadings — Part Two · Source page ١٥١
  3. Principle 779Prohibiting a person from disposing of his assets. Its implication. Depriving him of their management and disposition. He has no right to litigate concerning them. The receiver has standing to represent him before the coPleadings — Part Two · Source page ١٥٢
  4. Principle 780Constitution of proceedings. The condition for its validity. That they be instituted through valid procedures and that the party have capacity to litigate. This must obtain at all their stages. The rationale therefor. NuPleadings — Part Two · Source page ١٥٢
  5. Principle 781Standing in an action. When it exists in the defendant. - Ascertainment of the litigants' standing. A question of fact. The court of merits determines it independently, provided its determination is reasonable.Pleadings — Part Two · Source page ١٥٢
  6. Principle 782A plea of inadmissibility may be raised at any stage of the action, even before the Court of Appeal. - Standing as a condition in an action. Its criterion. That the action be attributed to the holder of the right thereinPleadings — Part Two · Source page ١٥٢
  7. Principle 783The minor's attainment of majority after the Public Authority for Minors Affairs has brought the action in its capacity as guardian. Its effect. The cessation of its standing in the dispute and the inadmissibility of itsPleadings — Part Two · Source page ١٥٢
  8. Principle 784An heir stands as a party representing the estate in actions brought by or against it. If the dispute concerns the heir's share in the estate, the heir acts only for himself, as claimant or in defence, and within the limPleadings — Part Two · Source page ١٥٢
  9. Principle 785A letter of guarantee. It gives rise to three relationships that do not overlap and do not affect one another. - Once the bank pays the value of the letter of guarantee to the beneficiary, it may have recourse against itPleadings — Part Two · Source page ١٥٣
  10. Principle 786An heir stands as litigant on behalf of the remaining heirs in an action brought by or against the estate.Pleadings — Part Two · Source page ١٥٣
  11. Principle 787Acquisition of standing to bring an action while it is being heard. Its effect. The proceedings become effective from the removal of this defect, and the interest in maintaining a plea of lack of standing ceases. The opePleadings — Part Two · Source page ١٥٣
  12. Principle 788The Public Institution for Social Security is the body entrusted with paying the value of the more favourable benefit, rather than the employer. This is not conditional upon the latter’s performance of its obligation towPleadings — Part Two · Source page ١٥٣
  13. Principle 789A judgment rendered in an action is binding only upon those who were parties thereto. The criterion for identifying a party is his capacity, not his person. - Ascertaining the parties' capacity in the action and negatingPleadings — Part Two · Source page ١٥٣
  14. Principle 790Interruption of the proceedings. Its purpose. Avoiding procedural steps being taken without the parties’ knowledge. Achievement of - 153 - Civil Procedure that purpose by serving notice on the party in his personal capacPleadings — Part Two · Source page ١٥٣
  15. Principle 791A new ground unrelated to public policy. Raising it for the first time before the Court of Cassation is impermissible. Example concerning a challenge alleging nullity of a procedure based on the absence of standing of onPleadings — Part Two · Source page ١٥٤
  16. Principle 792The Public Institution for Social Security is the entity entrusted with payment of the value of the better benefit from the date the Social Security Law entered into force. The judgment ruling that the action claiming itPleadings — Part Two · Source page ١٥٤
  17. Principle 793The person having standing to represent the person placed under judicial receivership is the judicial receiver.Pleadings — Part Two · Source page ١٥٤
  18. Principle 794The devolutive effect of an appeal. What it encompasses. The Court of Appeal may not address a matter not submitted to it. Example of a plea of inadmissibility of an action for having been brought against a person withouPleadings — Part Two · Source page ١٥٤
  19. Principle 795The relationship between the drawer and the payee of a bill of exchange. The drawee has no concern with it. Effect thereof. The person having standing to claim the amount of the bill of exchange. Its physical holder, whePleadings — Part Two · Source page ١٥٤
  20. Principle 796A sole proprietorship has no capacity to acquire rights and assume obligations and has no personality to be a party to proceedings. It is an element of its owner's patrimony; he has standing to litigate on its behalf befPleadings — Part Two · Source page ١٥٤
  21. Principle 798Nullity of a procedural act based on the absence of standing of a party or invalidity of his representation in the action. It has no connection with public policy. It may not be raised for the first time before the CourtPleadings — Part Two · Source page ١٥٥
  22. Principle 799Standing to appeal. It belongs to the litigant, not his representative, since the action is the litigant's action and not his representative's. Example: issuance of the first-instance judgment against the Minister of EduPleadings — Part Two · Source page ١٥٥
  23. Principle 801The appellant’s contention for the first time before the Court of Cassation that the action should have been brought against the minor girl instead of against him. Impermissible.Pleadings — Part Two · Source page ١٥٥
  24. Principle 802A judgment ordering restitution. What is meant thereby. Civil compensation. It is awarded to the victim without any need for him to bring a civil claim in the criminal proceedings. - The victim has an interest and standiPleadings — Part Two · Source page ١٥٥
  25. Principle 804An error in the appellant’s name in the statement of claim and the first-instance judgment is not such as to cast doubt on his capacity. No nullity. - 155 - ProcedurePleadings — Part Two · Source page ١٥٥
  26. Principle 805Nullity of proceedings based on the parties’ lack of standing in the action. It does not concern public policy. Raising a challenge concerning it for the first time before the Court of Cassation. A new, inadmissible grouPleadings — Part Two · Source page ١٥٦
  27. Principle 806Investigating the capacity of the parties to the action. A matter of fact. Its determination falls within the authority of the trial court. Restrictions on that. Example.Pleadings — Part Two · Source page ١٥٦
  28. Principle 807Nullity of procedures owing to the litigants’ lack of standing in the action. It does not concern public policy. The rationale thereof. - A litigant’s failure to plead his lack of standing. A judgment ruling that he lackPleadings — Part Two · Source page ١٥٦
  29. Principle 808Women's custody of a male. When it ends: upon puberty, namely the appearance of the known natural signs, or upon the male completing his fifteenth year without their appearance. Effect thereof. Guardianship over his persPleadings — Part Two · Source page ١٥٦
  30. Principle 809Inferring the existence of standing in the action and assessing the existence of an employment relationship are questions of fact within the sole authority of the trial court, provided that its assessment is sound.Pleadings — Part Two · Source page ١٥٦
  31. Principle 810A representative's dealing in his own name negates representation, and the effects of the contract attach to him. - Investigation of the litigants' standing in the action and inference or negation of representation in coPleadings — Part Two · Source page ١٥٦
  32. Principle 812Stating the existence of standing in the action at a particular place in the statement of claim is unnecessary. It suffices to state it at any place therein that conveys it. Example. - 156 - Civil ProcedurePleadings — Part Two · Source page ١٥٦
  33. Principle 813Requirement of standing in the defendant or respondent in actions to annul administrative decisions. Its connection with public policy. Effect thereof. The court may examine and determine it of its own motion when applyiPleadings — Part Two · Source page ١٥٧
  34. Principle 815Ascertaining standing and assessing the existence or absence of agency are matters of fact which the trial judge independently determines without review, provided his inference is reasonable.Pleadings — Part Two · Source page ١٥٧
  35. Principle 816Standing in an action exists in the defendant whenever the right claimed therein exists against him. Example.Pleadings — Part Two · Source page ١٥٧
  36. Principle 817Ascertaining the litigants' standing in the action, assessing whether or not an agreement has been reached between the litigants, ascertaining an understanding of the facts of the action, and assessing the evidence. WithPleadings — Part Two · Source page ١٥٧
  37. Principle 818The defendant has standing in the action whenever the right sought therein exists against him. - Determining a party's standing in the action. A question of fact that the court of the merits has exclusive authority to dePleadings — Part Two · Source page ١٥٧
  38. Principle 819The plea that a litigant lacks standing in the action. Established for the litigant for whose protection it was instituted, and it is not admissible - 157 - Procedure for anyone else to raise it. - Ascertaining standing Pleadings — Part Two · Source page ١٥٧
  39. Principle 820Standing in the action attaches to the defendant whenever the right sought therein exists against him, as the person concerned with it and responsible for it should the plaintiff's entitlement thereto be established. - APleadings — Part Two · Source page ١٥٨
  40. Principle 821Investigating standing and determining its existence or absence. A factual matter whose assessment lies exclusively with the court of fact, provided that it bases its ruling on reasonable grounds.Pleadings — Part Two · Source page ١٥٨
  41. Principle 823Standing to bring an action. It becomes valid whenever the party acquires it during the hearing of the action. Its implication. Removal of the defect affecting it when brought. Example.Pleadings — Part Two · Source page ١٥٨
  42. Principle 824The female custodian's entitlement to receive the minor's maintenance. Its prerequisite. His being in her care. The reason: authority to expend maintenance depends on actual custody and ceases upon its cessation. ExamplePleadings — Part Two · Source page ١٥٨
  43. Principle 825A plea that the plaintiff lacks standing. A substantive defence that the person concerned may raise even on appeal.Pleadings — Part Two · Source page ١٥٨
  44. Principle 826Standing in an action exists in the plaintiff where he is the holder of the right sought therein if the defendant's obligation and responsibility therefor are established. It attaches to the litigant himself, not his repPleadings — Part Two · Source page ١٥٨
  45. Principle 827Ascertaining the parties’ standing in the action. A matter of fact for the trial court; in doing so, it may interpret instruments, ascertain their intended meaning, and assess evidence and documents. Its conditionPleadings — Part Two · Source page ١٥٩
  46. Principle 829Standing in an action. Its existence in the plaintiff whenever he holds the right sought therein, if the obligation alleged against the defendant is established. Its ascertainment. A question of fact. Condition thereof.Pleadings — Part Two · Source page ١٥٩
  47. Principle 830Standing in proceedings. It is established for the person who was a party, not for his representative in the proceedings in which the judgment was rendered. The reason thereof. The action is not his own but that of the pPleadings — Part Two · Source page ١٥٩
  48. Principle 831Ascertainment of the parties’ standing and inference of the existence of an employment relationship are matters solely for the court of merits. The court of second instance has general jurisdiction to hear the action andPleadings — Part Two · Source page ١٥٩
  49. Principle 832Standing in an action. It exists in the plaintiff when he is the holder of the right sought therein, and in the defendant when the right sought from him exists against him. - 159 - Civil Procedure - Ascertainment of the Pleadings — Part Two · Source page ١٥٩
  50. Principle 833The existence of standing for the defendant to be sued. Does not mean that he is liable for the right claimed.Pleadings — Part Two · Source page
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