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. تقدير قيمة الدعوى

    Principle 944The determining factor in assessing the value of the action for the appeal threshold. Is the final claims therein.Pleadings — Part Two · Source page ١٨٠
  2. Principle 945Judgments issued by the court of first instance as final judgments. The rule is that they may not be appealed unless the law provides otherwise, they were issued contrary to a previous judgment that has not acquired the Pleadings — Part Two · Source page ١٨٠
  3. Principle 946Judgments rendered by the court of first instance as final. The rule is that they may not be appealed. The exception. Nullity in the judgment or nullity in the proceedings that affected the judgment.Pleadings — Part Two · Source page ١٨٠
  4. Principle 947The general rule is that an action has an ascertainable value. - When an action is considered to have an unascertainable value. Example of a claim for wage arrears, monetary compensation for leave, end-of-service gratuitPleadings — Part Two · Source page ١٨٠
  5. Principle 948The general rule is that actions are considered to have an ascertainable value. The exception. Actions brought seeking relief incapable of valuation are considered to have an unascertainable value. The cases thereof. ExaPleadings — Part Two · Source page ١٨٠
  6. Principle 949Rules concerning the impermissibility of appealing judgments issued within the - 180 - Procedure final-jurisdiction threshold of the court of first instance. Their connection with public policy. Exceptions: nullity in thPleadings — Part Two · Source page ١٨٠
  7. Principle 950Valuation of an action in relation to the monetary threshold for appeal. Where the action includes multiple claims arising from a single legal cause, their value is assessed in aggregate. Their arising from different legPleadings — Part Two · Source page ١٨١
  8. Principle 951The Court of First Instance's threshold for final judgments. Its application to labour disputes. The reason: the provisions of Decree-Law 46/1987 establishing a labour circuit at the Court of First Instance contain nothiPleadings — Part Two · Source page ١٨١
  9. Principle 952The general rule is that actions have an ascertainable value, except actions brought for relief not susceptible to valuation. - Rules for assessing the value of an action. Their connection with public policy. The effect Pleadings — Part Two · Source page ١٨١
  10. Principle 953Claims arising from a single cause. The value of the action is assessed by their aggregate value. - Assessment of the value of an action for the appeal threshold. The determining consideration is the litigants’ claims, nPleadings — Part Two · Source page ١٨١
  11. Principle 954The principal claim is the claim taken into account in assessing the value of the action. Its nature and the determining consideration therein. - Amendment of the value of the action before the Court of First Instance toPleadings — Part Two · Source page ١٨٢
  12. Principle 955The monetary jurisdiction of the Summary Court and the Court of First Instance in civil and commercial matters. - Finality of the judgment issued by each. The criterion. The value of the action. - The Court of First InstPleadings — Part Two · Source page ١٨٢
  13. Principle 956Assessment of the value of an action containing multiple claims. The criterion is the aggregate of the claims if they arise from a single cause. Their arising from multiple causes. Its effect. Valuation is based on the vPleadings — Part Two · Source page ١٨٢
  14. Principle 957An action is not considered of indeterminate value unless brought with a claim of unassessed value or one whose value cannot be assessed. Example of an action whose value can be assessed. - Inadmissibility of appeal becaPleadings — Part Two · Source page ١٨٢
  15. Principle 958Assessment of the value of the claim for the purposes of the appeal threshold is based on the litigants' final claims. Example. - The impermissibility of appealing judgments issued within the final monetary jurisdiction Pleadings — Part Two · Source page ١٨٢
  16. Principle 959A judgment issued in disputes relating to maintenance. It may be appealed regardless of the value of the action. - Judgments issued in matters of inheritance, wills, endowments, and dowry are final if their value does noPleadings — Part Two · Source page ١٨٢
  17. Principle 960The final monetary jurisdiction of the Court of First Instance is five thousand dinars. - Assessing the value of an action. The criterion therein. - Actions brought seeking relief incapable of valuation are deemed to excPleadings — Part Two · Source page ١٨٣
  18. Principle 961Valuation of the action in relation to the appeal threshold is based on the parties' final claims. The reason therefor. - The Court of First Instance's final-instance threshold is 5,000 dinars. It encompasses all disputePleadings — Part Two · Source page ١٨٣
  19. Principle 962Actions not susceptible to valuation are by their nature incompatible with the possibility of valuation. They are presumed to exceed in value the final-jurisdiction threshold of the Summary Court. The basis for this. ExaPleadings — Part Two · Source page ١٨٣
  20. Principle 963The final-jurisdiction threshold of the Court of First Instance is 5,000 dinars. - Assessment of the value of the action for purposes of the appeal threshold is based on the parties' final claims. An example.Pleadings — Part Two · Source page ١٨٣
  21. Principle 964Judgments rendered by the court of first instance as final judgments may not be appealed. Judgments affected by procedural nullity that influenced the judgment are excepted from that rule. - The final-jurisdiction monetaPleadings — Part Two · Source page ١٨٣
  22. Principle 965Actions incapable of valuation. They are deemed to exceed in value the threshold for final judgments of the Summary Court. The basis thereof. Their inclusion within the subject-matter jurisdiction of the Court of First IPleadings — Part Two · Source page ١٨٤
  23. Principle 966Assessment of the value of claims in an action. How it is effected. By considering their aggregate value where they arise from a single legal cause, and the value of each separately where they arise from different legal Pleadings — Part Two · Source page ١٨٤
  24. Principle 967The 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 Two · Source page ١٨٤
  25. Principle 968Assessment of the value of the action in relation to the appeal threshold. Its basis. The parties' final claims. Example.Pleadings — Part Two · Source page ١٨٤
  26. Principle 969Impossibility of assessing the value of the action. Its implication. It is deemed to be of unascertained value. The effect of this. Its subjection to a - 184 - Civil Procedure fixed fee. Article 5 of Judicial Fees Law NoPleadings — Part Two · Source page ١٨٤
  27. Principle 970Assessment of the value of an action in relation to the appeal threshold. The determining factor is the parties’ final claims, not the value of what the court awarded. The reason therefor. - A worker’s claim to entitlemePleadings — Part Two · Source page ١٨٥
  28. Principle 971The defendant's submission of an incidental claim. Valuation of the action in relation to the monetary threshold for appeal on the basis of whichever of the original or incidental claims is greater in value. The conditioPleadings — Part Two · Source page ١٨٥
  29. Principle 972The Court of First Instance. Its jurisdiction to adjudicate at first instance all disputes concerning personal status. Its judgment is considered final in inheritance, wills, endowments and dowry if the value of the actiPleadings — Part Two · Source page ١٨٥
  30. Principle 973The scope of the action is determined by the claims made by the plaintiff. The reason therefor. - Assessment of the value of the action. With respect to judicial fees. By what the plaintiff claims in the statement of claPleadings — Part Two · Source page ١٨٥
  31. Principle 974Ruling that an appeal is inadmissible because the monetary threshold is not met, despite the invalidity of the first-instance judgment. An error in the application of the law. Requires cassation of the judgment.Pleadings — Part Two · Source page ١٨٥
  32. Principle 975Assessment of the value of the action for jurisdiction or the appeal threshold. The determining consideration therein. The value of the claims made, not what the court awarded. Multiple undisputed claims arising from a sPleadings — Part Two · Source page ١٨٥
  33. Principle 976A dispute concerning movable or immovable property. Assessment of the value of the action by the value of the disputed property. The plaintiff must assess its value before any measure is taken in the action. The registryPleadings — Part Two · Source page ١٨٦
  34. Principle 978Original claims arising from a single cause. The value of the action is assessed at their aggregate value. Claims arising from multiple causes. The value of the action is assessed at the value of each claim separately, ePleadings — Part Two · Source page ١٨٦
  35. Principle 979Actions brought pursuant to the provisions of Law 33 of 2000 concerning claims of ownership of State-owned real property. Court fees thereon are paid in full on the basis of the property's value. The basis thereof. - ResPleadings — Part Two · Source page ١٨٧
  36. Principle 980Assessment of the value of an action under the provisions of the Code of Procedure. Its difference from assessment under the provisions of Law 17 of 1973 concerning Judicial Fees. The latter contains provisions regulatinPleadings — Part Two · Source page ١٨٧
  37. Principle 981The provisions of the Judicial Fees Law. Among the mandatory rules relating to public order. The court of merits must apply them of its own motion even if none of the parties invokes them, and challenging it does not conPleadings — Part Two · Source page ١٨٧

  38. أهلية التقاضي في الدعوى

    Principle 982The defendant's submission of an incidental claim. Valuation of the action in relation to the monetary threshold for appeal on the basis of whichever of the original or incidental claims is greater in value. The conditioPleadings — Part Two · Source page ١٨٧

  39. منع القاضي من سماع الدعوى – عدم الصلاحية

    Principle 984Non-existence of a judgment. Its condition: its being devoid of its fundamental elements. A defect alleged against a judgment that does not constitute grounds for its non-existence. Its consequence, if established, is thPleadings — Part Two · Source page ١٨٨
  40. Principle 985A judge's previous expression of an opinion on the dispute before him or in previous litigation between the same parties. Its effect. His disqualification from considering the action whenever its determination requires hPleadings — Part Two · Source page ١٨٨
  41. Principle 986The judge’s previous hearing of the action at the same stage has no effect on his qualification to continue hearing it.Pleadings — Part Two · Source page ١٨٩
  42. Principle 987The judge's obligation to refrain from hearing the action. Its basis. His performance of an act that gives him an opinion on it inconsistent with the requirement that his mind be free of its subject matter. - The judge'sPleadings — Part Two · Source page ١٨٩
  43. Principle 988A judge's disqualification from hearing an action previously considered by him as a judge, expert or arbitrator, or in which he has given testimony. The condition therefor. That the subject matter of the action with whicPleadings — Part Two · Source page ١٨٩
  44. Principle 989A judge's disqualification from hearing an action. Its criterion: his having previously heard it and the case presented constituting a continuation of, and a return to, the previous case. The two actions differing in cauPleadings — Part Two · Source page ١٨٩
  45. Principle 990The judge's prior expression of an opinion on the dispute before him, his performance of an act that gives him an opinion on the case, or his taking a measure that reveals his viewpoint. Its effect. - The judge's prior hPleadings — Part Two · Source page ١٨٩
  46. Principle 991The judge’s duty to refrain from hearing an action. Its basis. His having undertaken an act that gives him an opinion on it which conflicts - 189 - Procedure with the requirement that his mind be free of views on its subPleadings — Part Two · Source page ١٨٩
  47. Principle 992The judge's previous expression of an opinion on the dispute before him or in previous litigation between the same parties. Its effect. His disqualification from hearing the action whenever its determination requires himPleadings — Part Two · Source page ١٩٠
  48. Principle 993A judge is disqualified from considering an action and prohibited from hearing it if he has previously considered it as a judge. The basis for this requirement. Its nature. - What is meant by the judge's previous considePleadings — Part Two · Source page ١٩٠
  49. Principle 994When a judge is disqualified from hearing an action even if none of the parties seeks his recusal. Its cases and the reason therefor. Example of the absence of disqualification.Pleadings — Part Two · Source page ١٩٠
  50. Principle 995The circumstances in which a judge is disqualified from considering an action and prohibited from hearing it even if none of the litigants seeks his recusal. Their nature. The judge's acts are void in those circumstancesPleadings — Part Two · Source page
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