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. منع القاضي من سماع الدعوى – عدم الصلاحية

    Principle 996Prohibiting a judge from hearing an action even if neither party challenges him. Its cases. Article 102, Civil Procedure. - A judgment issued by a judge in whom a ground of disqualification from hearing the action existsPleadings — Part Two · Source page ١٩٠
  2. Principle 997The judge's disqualification from hearing the case, even if none of the litigants challenges him, if he is related to any of them by kinship or affinity. The reason therefor: the existence of a close connection between tPleadings — Part Two · Source page ١٩١

  3. استعمال الدعوى وحق الالتجاء للقضاء

    Principle 998Establishment of an existing dispute between the judge and one of the parties to the case he is hearing. Its effect. Disqualifying him from hearing the case. Article 102 of the Code of Procedure. Such dispute arising aftPleadings — Part Two · Source page ١٩١

  4. - متى تعتبر الدعوى مرفوعة

    Principle 999Exercise of the right of action and recourse to the courts. An established general right. Its condition. That it not be diverted to harming others. 8- Procedures for bringing an action:- - When an action is considered toPleadings — Part Two · Source page ١٩١
  5. Principle 1000The action is deemed brought and produces its effects from the date its statement of claim is deposited with the court registry.Pleadings — Part Two · Source page ١٩١
  6. Principle 1001The labour action. The manner of bringing it. It must be preceded by an application from the worker to the Ministry of Social Affairs and Labour. The application is the legal means by which the court becomes seised of thPleadings — Part Two · Source page ١٩١
  7. Principle 1002Depositing the statement of claim with the court registry institutes the action. Service of the statement on the defendant is a necessary procedure for constituting proceedings between its two parties. Failure of such sePleadings — Part Two · Source page ١٩٢
  8. Principle 1003An action seeking the addition of a period to the period counted toward the pension. Subject to the time limits stipulated in the Social Insurance Law.Pleadings — Part Two · Source page ١٩٢
  9. Principle 1004Constitution of proceedings in an action, appeal or cassation appeal. Its condition is that they be instituted through valid procedures and that the party have capacity to litigate. The nullity resulting from failure to Pleadings — Part Two · Source page ١٩٢
  10. Principle 1005The lawyer's admission that service occurred. Its inclusion within the scope of his authority as litigation agent, as one of the requirements of defending the action. Its effect. Its being regarded as conclusive evidencePleadings — Part Two · Source page ١٩٢
  11. Principle 1006The ordinary route for bringing an action is by depositing its statement with the court registry. Its effect. Commencement of the proceedings. The proceedings remain suspended until the adversarial principle is fulfilledPleadings — Part Two · Source page ١٩٢
  12. Principle 1007A litigant's cancellation of his elected domicile. He must expressly notify his opponent thereof; otherwise, service upon him there is valid. His mere adoption of a new elected domicile. Insufficient evidence of cancellaPleadings — Part Two · Source page ١٩٣
  13. Principle 1008Service of the documents necessary for the progress of the action at the agent's domicile is valid only at the level of litigation for which he is appointed. Service of the statement of claim through the Public ProsecutiPleadings — Part Two · Source page ١٩٣
  14. Principle 1009Proof that service occurred when the opposing party denies its occurrence. The means of doing so. Reference to the original document of service.Pleadings — Part Two · Source page ١٩٣
  15. Principle 1010A person who could properly have been made a party to the action when it was brought may be joined through the ordinary procedures or by his attendance at the hearing and consent to the procedure.Pleadings — Part Two · Source page ١٩٣
  16. Principle 1011The basis of capacity is the establishment of the party’s legal personality as a condition for the validity of procedures in the action. The party’s lack of capacity. Its sanction is nullity.Pleadings — Part Two · Source page ١٩٣
  17. Principle 1012An action is deemed brought and productive of the effects of a judicial demand from the date its statement of claim is submitted to the registry, irrespective of the date of its service. An example that interest runs.Pleadings — Part Two · Source page ١٩٣
  18. Principle 1013Capacity to litigate is a condition for the valid constitution of proceedings and belongs to a natural or legal party. Its absence. Its effect. Nullity of the procedures, a nullity concerning public policy. Example.Pleadings — Part Two · Source page ١٩٣
  19. Principle 1014The worker's submission of an application to the Ministry of Social Affairs and Labour. It is the sole procedure for instituting a labour action. - 193 - Civil ProcedurePleadings — Part Two · Source page ١٩٣
  20. Principle 1016Objection to the seizure of items necessary for the investigation or for adjudicating the incident. Its route. Submitting a grievance to the president of the Court of First Instance or his substitute. Departing from thatPleadings — Part Two · Source page ١٩٤
  21. Principle 1017The proceedings in the action. Their existence begins with the filing of the statement of claim and is conditional upon its valid service. Failure to fulfill this condition up to the delivery of the first-instance judgmePleadings — Part Two · Source page ١٩٤
  22. Principle 1018Submitting an application to the Ministry of Social Affairs. A procedure that the worker must undertake as the legal gateway to the labour action. The action's lacking this application. Its effect: its inadmissibility. TPleadings — Part Two · Source page ١٩٤
  23. Principle 1020The action is deemed brought upon the mere deposit of its statement of claim with the registry. The measure taken by the court where service is invalid. In this regard, the court of second instance does not stop at declaPleadings — Part Two · Source page ١٩٤
  24. Principle 1021The time limit for bringing an annulment action. Only the first grievance counts for interrupting it. The basis thereof. Example.Pleadings — Part Two · Source page ١٩٥
  25. Principle 1022Inadmissibility of a claim to modify the rights prescribed under the Social Insurance Law after the lapse of two years from the date of assessment or payment. Excepted cases. Exclusion of a claim for recalculation of thePleadings — Part Two · Source page ١٩٥
  26. Principle 1023Assessment of a lawyer's fees for non-judicial work where there is no written agreement thereon, or one exists but is void. How it is effected. Bringing an ordinary action in accordance with the rules of the Civil ProcedPleadings — Part Two · Source page ١٩٥
  27. Principle 1024Filing the statement of claim with the court registry. A procedure by which proceedings begin to exist. They remain conditional upon its valid service. Issuance of a judgment despite failure of this condition. Its effectPleadings — Part Two · Source page ١٩٥
  28. Principle 1025Actions instituted pursuant to the provisions of Laws 18/1969 and 8/1980. Their admissibility. Its condition. That they be instituted within a year of the date Law 33 of 2000 took effect. The reason therefor. Provisions Pleadings — Part Two · Source page ١٩٥
  29. Principle 1026Procedures for bringing an action and serving it. The court must observe them. Their purpose: regulating litigation and ensuring the right of defense. Filing the statement of claim with the Registry is the procedure wherPleadings — Part Two · Source page ١٩٥
  30. Principle 1027The date of institution of the action. It is the date of the judicial demand and determines the scope of the claims in the action and their effects. - Judicial demand. Its nature: it is the procedural act by which a persPleadings — Part Two · Source page ١٩٦
  31. Principle 1029Certain acts of a guardian concerning a minor's property. Necessity of court authorization for them. Article 137 of the Civil Code. Example. - The right of recourse to the courts is exercised by way of an action. ExceptiPleadings — Part Two · Source page ١٩٦
  32. Principle 1030The event giving rise to the right to collect court fees. It is the submission of the originating statement of claim or application to the court. - The plaintiff's obligation to pay the fees due on the action he brings oPleadings — Part Two · Source page ١٩٧
  33. Principle 1031The court must—when hearing a challenge to an administrative decision—ascertain the existence of its legal constituent elements. Establishment of its flagrant violation of the law renders it nonexistent and strips it of Pleadings — Part Two · Source page ١٩٧
  34. Principle 1032Recourse to the courts. A general right vested in everyone. The courts possess general judicial jurisdiction. Unless the Constitution or the law exceptionally provides for the jurisdiction of another body. The exception Pleadings — Part Two · Source page ١٩٧
  35. Principle 1033Procedural rules connected with judicial organization, including procedures for bringing and hearing actions before the courts and matters that interrupt the course of proceedings therein. Their subjection to the law of Pleadings — Part Two · Source page ١٩٧

  36. توقيع محام على صحيفة الدعوى

    Principle 1035The ordinary method of bringing an action is by depositing its statement of claim with the registry. Its effect. Commencement of the proceedings. Service of the statement of claim on the defendant. A procedure necessary Pleadings — Part Two · Source page ١٩٨

  37. - أوراق قضائية لا تتطلب توقيع محام عليها

    Principle 1036A lawyer's signature on the statement of claim. The legislature has not required a particular form that clearly reveals his name. - The rule concerning a signature is to presume that it was made by the person to whom it Pleadings — Part Two · Source page ١٩٨

  38. تكييف الدعوى

    Principle 1038What matters in legal characterization is what emerges as the truth from the facts presented to the court, not the characterization the litigants confer upon it.Pleadings — Part Two · Source page ١٩٩
  39. Principle 1039The trial court's obligation to give the action its true description and correct legal characterization without being bound by the parties' characterization of it.Pleadings — Part Two · Source page ١٩٩
  40. Principle 1040The trial judge's authority regarding the true nature of the action and subjecting its facts to the rule of law by giving the relationship between the parties its correct legal characterization, without being bound by thPleadings — Part Two · Source page ١٩٩
  41. Principle 1041The court is not bound by the parties' characterization of the facts and claims in the action. It must give them their correct legal characterization. - 199 - ProcedurePleadings — Part Two · Source page ١٩٩
  42. Principle 1042The obligation of the court of merits to give the action its correct characterization without being bound by the parties' characterization. Its subjection in this regard to review by the Court of Cassation.Pleadings — Part Two · Source page ٢٠٠
  43. Principle 1043Characterization of the action. Within the authority of the court of merits. Subject to adherence to the facts and claims presented to it. Example of an incorrect characterization.Pleadings — Part Two · Source page ٢٠٠
  44. Principle 1044Legal characterization of the claims in an action. A duty of the court of the merits. It is not bound by the litigants’ characterization of them.Pleadings — Part Two · Source page ٢٠٠
  45. Principle 1045An action. Restrictions on its characterization by the trial court. Adherence to the limits of the claims. Exceeding those limits is an error. Example. - A claim for rescission for failure to perform an obligation. CharaPleadings — Part Two · Source page ٢٠٠
  46. Principle 1046Characterization of an action. What binds the court of merits in this regard: the facts and claims presented to it. What does not bind it. The parties' description of it.Pleadings — Part Two · Source page ٢٠٠
  47. Principle 1047Ascertaining the true nature of the action and discerning the meaning of contracts. Within the authority of the court of merits. Provided it is reasonable.Pleadings — Part Two · Source page ٢٠٠
  48. Principle 1048The cause of action. Its nature. Changing it. The court of merits has no power to do so of its own motion. The authority of the court of merits to characterize the action. Conditional upon its remaining within the boundsPleadings — Part Two · Source page ٢٠٠
  49. Principle 1049Ascertaining the true nature of the action from its facts and evidence is a matter of fact within the exclusive competence of the court of merits. - 200 - Civil ProcedurePleadings — Part Two · Source page ٢٠٠
  50. Principle 1050The trial court is bound, in its characterization of the action, by the facts and claims submitted to it. Example of an erroneous characterization: submission of the claim for partition among the claims contained in the Pleadings — Part Two · Source page
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