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. المصلحة في الدعوى

    Principle 890Interest is a condition for the admissibility of an action, claim, or plea. The interest that is taken into account is a legal interest. Definition of legal interest. Assessment of its existence is a matter of fact.Pleadings — Part Two · Source page ١٧٠
  2. Principle 891The requirement of a direct personal interest necessary for admissibility of an annulment action. Its breadth encompasses every serious interest affected by the challenged administrative decision. - Determining interest Pleadings — Part Two · Source page ١٧٠
  3. Principle 892A claim or plea in which its proponent has no existing legal interest is inadmissible. - A ground of challenge which, even if correct and requiring cassation of the judgment, would bring no benefit to the appellant. The Pleadings — Part Two · Source page ١٧١
  4. Principle 893An application or plea that serves no legal interest. Inadmissible. - Interest in an appeal. When it exists. Example concerning an inadmissible appeal.Pleadings — Part Two · Source page ١٧١
  5. Principle 894The requirement of interest is the basis for the admissibility of an appeal. Its absence in a ground of challenge. Its implication. That it is unproductive and inadmissible. Example concerning a challenge yielding no intPleadings — Part Two · Source page ١٧١
  6. Principle 895A claim or plea in which its maker has no interest. Inadmissible. When interest exists. Example.Pleadings — Part Two · Source page ١٧١
  7. Principle 897Interest in an action. It is sufficient for its existence that the plaintiff merely seek confirmation of a right or status protected by law which the defendant disputes, such that he benefits from bringing his action to Pleadings — Part Two · Source page ١٧١
  8. Principle 899The rule that interest is the criterion for admissibility of an action. Its application to cassation appeals. A ground of challenge that serves no interest. Inadmissible. - 171 - Civil ProcedurePleadings — Part Two · Source page ١٧١
  9. Principle 901A ruling dismissing the action. The contention that it should have been ruled inadmissible serves only a purely theoretical interest. Ineffective.Pleadings — Part Two · Source page ١٧٢
  10. Principle 902The person having an interest in requesting the affixing of the executory formula to a criminal judgment containing a ruling on a civil matter or for restitution, compensation or costs. What is and is not required of thaPleadings — Part Two · Source page ١٧٢
  11. Principle 903A claim or plea. The condition for its admissibility. Interest. - Interest in an appeal. Its criterion. Its absence where the appeal is based on an ineffective ground or on a reason which, even if valid and requiring casPleadings — Part Two · Source page ١٧٢
  12. Principle 904Interest in an action to annul an administrative decision passing a person over for promotion. For its existence, it suffices that the decision affects the financial and moral interests of the person passed over. His leaPleadings — Part Two · Source page ١٧٢
  13. Principle 905An application to impose interdiction on an insane person, a person of impaired intellect, a gullible person or a spendthrift. The party having an interest therein. The Department of Minors Affairs and every interested pPleadings — Part Two · Source page ١٧٢
  14. Principle 906Inadmissibility of any claim or plea in which its proponent has no existing interest recognized by law. Example concerning a request to disqualify an arbitrator.Pleadings — Part Two · Source page ١٧٢
  15. Principle 907An application or plea in which its maker has no existing interest recognized by law. Its inadmissibility. - 172 - Civil Procedure - Basing an appeal on an ineffectual ground or one that brings no benefit to the appellanPleadings — Part Two · Source page ١٧٢
  16. Principle 908Concerning a person joined as a respondent in an appeal. He must have an interest in defending the judgment when it is issued. Otherwise, the appeal is ruled inadmissible as regards him.Pleadings — Part Two · Source page ١٧٣
  17. Principle 909A person who was not a party to the proceedings before the court that issued the challenged judgment. An appeal by that person is inadmissible.Pleadings — Part Two · Source page ١٧٣
  18. Principle 910A claim or plea in which its maker has no legally recognized interest. Inadmissible. - Interest in a cassation appeal. It does not exist if the appeal rests on an unproductive contention or on a ground which, even if corPleadings — Part Two · Source page ١٧٣
  19. Principle 911An annulment action. An action of an objective nature directed at challenging an administrative decision. It is not confined to the existence of a right which the decision sought to be annulled has defeated or affected. Pleadings — Part Two · Source page ١٧٣
  20. Principle 912A claim or plea in which the person advancing it has no existing interest recognized by law. Inadmissible.Pleadings — Part Two · Source page ١٧٣
  21. Principle 913Interest is the basis of an action. What is meant by it. The practical benefit accruing to the person bringing the action from a judgment granting his claims. The effect of this: an action is inadmissible if the litigantPleadings — Part Two · Source page ١٧٣
  22. Principle 914The rule that interest is the basis of an action. Its application upon bringing the action and upon challenging by appeal or cassation. - Admissibility of proceedings. Its condition. The existence of a dispute between thPleadings — Part Two · Source page ١٧٤
  23. Principle 915An annulment action. It is an action aimed at challenging the administrative decision itself and exposing its flaws and defects. Its bringer must have a personal interest directly affected by that decision; otherwise, itPleadings — Part Two · Source page ١٧٤
  24. Principle 916Interest is the practical benefit accruing to the person bringing the action from a judgment granting his claims. Example.Pleadings — Part Two · Source page ١٧٤
  25. Principle 917An existing interest recognized by law. A condition for the admissibility of a claim or plea. An appeal based on an unproductive contention or one yielding no benefit to the appellant. Does not provide an interest thereiPleadings — Part Two · Source page ١٧٤
  26. Principle 918The interest requirement necessary for admissibility of an action to annul an administrative decision. What suffices for it. The claimant must occupy a particular legal position in relation to the challenged decision conPleadings — Part Two · Source page ١٧٤
  27. Principle 919Every interested person and the owner of the trademark may obtain an order from the competent judge to take - 174 - Civil Procedure conservatory measures over any machinery or tools used in affixing the trademark, as welPleadings — Part Two · Source page ١٧٤
  28. Principle 920The rule that there is no estate until debts have been paid. Its import. Upon death, the estate remains encumbered by an accessory right in rem in favor of the deceased's creditors, enabling them to recover their debts fPleadings — Part Two · Source page ١٧٥
  29. Principle 921The interest required for the admissibility of an action or application. Its nature. It makes no difference whether the interest is material, moral or serious. A potential interest suffices, even if it is a semblance of Pleadings — Part Two · Source page ١٧٥
  30. Principle 922Severance of the employment relationship between the appellant and the institution by his retirement. Does not - 175 - Procedure bring to an end the dispute brought by him. The reason for that.Pleadings — Part Two · Source page ١٧٥
  31. Principle 923A public employee. His performance is evaluated at least once a year, and the report submitted concerning him is presented to the Personnel Affairs Committee for approval. An employee reported as weak must be notified byPleadings — Part Two · Source page ١٧٦
  32. Principle 924The requirement of interest in an action. It must exist at the outset and continue to exist until a final judgment is rendered in the action. - Investigating the conditions for admissibility of an administrative action, Pleadings — Part Two · Source page ١٧٦
  33. Principle 925The requirement of interest in an action to annul an administrative decision. When it is satisfied. - A union is considered legally established upon depositing the complete founding documents required by law with the MinPleadings — Part Two · Source page ١٧٦
  34. Principle 926Interest in an appeal. It does not exist if the appeal is based on an ineffectual ground. Example. - 176 - Civil ProcedurePleadings — Part Two · Source page ١٧٦
  35. Principle 927Interest in an action. It is the practical benefit accruing to the person bringing the action from a judgment granting his claims. The action is inadmissible if the party or the legal position sought to be protected has Pleadings — Part Two · Source page ١٧٧
  36. Principle 928The 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 hPleadings — Part Two · Source page ١٧٧
  37. Principle 929A claim or plea in which its proponent has no legally recognized interest. Inadmissible. - Interest in an appeal in cassation. Absent where it is based on an ineffective argument or a ground which, even if valid, would cPleadings — Part Two · Source page ١٧٧
  38. Principle 930The heir’s patrimony is independent of the deceased’s patrimony. - The rule that there is no estate until the debt has been paid. Its import: the estate remains encumbered, immediately upon death, by an accessory right iPleadings — Part Two · Source page ١٧٧
  39. Principle 931A claim or plea in which its proponent has no existing interest recognized by law. Its inadmissibility. - Interest in an appeal. It does not exist if the appeal is based on an unproductive contention or on a ground whichPleadings — Part Two · Source page ١٧٧

  40. تقدير قيمة الدعوى

    Principle 932A purely theoretical interest. Cannot serve as a basis for an appeal in cassation. The condition for this: that the appellant derive no benefit from it and that the judgment achieve his objective and accord with the legaPleadings — Part Two · Source page ١٧٨
  41. Principle 933The presumption concerning actions is that their value is ascertainable. An action for the validity, avoidance, or rescission of a contract is valued at the value of its subject matter. An action for rescission of a contPleadings — Part Two · Source page ١٧٨
  42. Principle 935The ordinary monetary threshold of the jurisdiction of the Court of First Instance. 5,000 dinars. The value of the action not exceeding that amount: its effect is that its judgment becomes final. - The determining factorPleadings — Part Two · Source page ١٧٨
  43. Principle 936Assessment of the value of the action in relation to the appeal threshold. The criterion is the final claims. Example.Pleadings — Part Two · Source page ١٧٨
  44. Principle 937When an action is considered incapable of valuation. - 178 - Civil Procedure - Valuation of the action in relation to the appeal threshold. The determining factor is the litigants’ final claims.Pleadings — Part Two · Source page ١٧٨
  45. Principle 938The jurisdiction of the Court of First Instance is general jurisdiction. Consequence thereof. This jurisdiction extends to any connected claims falling within the monetary or subject-matter jurisdiction of the summary juPleadings — Part Two · Source page ١٧٩
  46. Principle 939The general rule is that an action has an ascertainable value. The exception. - When an action is considered to have an unascertainable value. - End-of-service gratuity. How it is calculated. An action claiming it is amoPleadings — Part Two · Source page ١٧٩
  47. Principle 940Judgments issued by the court of first instance as final judgments. Appeal against them. Impermissible. Exception. Example of a final judgment not open to appeal because of the low monetary amount. - The Court of First IPleadings — Part Two · Source page ١٧٩
  48. Principle 941An agreement to arbitrate. Its consequence. Arbitration becomes mandatory in every dispute concerning a claim for the value of what has been performed.Pleadings — Part Two · Source page ١٧٩
  49. Principle 942The rule is that an action has an ascertainable value. What falls outside this rule. - Assessment of the monetary threshold for appeal. The decisive consideration therein. Example concerning the impermissibility of an apPleadings — Part Two · Source page ١٧٩
  50. Principle 943The ordinary monetary threshold for the jurisdiction of the Court of First Instance. More than five thousand dinars. The value of - 179 - Civil Procedure the action not exceeding that amount. Its effect: its judgment is Pleadings — Part Two · Source page
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