المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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. تكييف الدعوى

    Principle 1051Ascertaining an understanding of the facts and investigating the litigants' standing are matters for the trial judge alone, without review. The condition therefor.Pleadings — Part Two · Source page ٢٠١
  2. Principle 1053The authority of the court of merits to characterize and understand the action and give it its true description without being bound by the parties' characterization of it. The limits thereof. It must not depart from the Pleadings — Part Two · Source page ٢٠١
  3. Principle 1054Determination of the claims presented in the action on the basis of what the parties present. Within the authority of the court of merits. - Giving the facts their correct characterization. Within the authority of the coPleadings — Part Two · Source page ٢٠١
  4. Principle 1056The trial court's authority to characterize the action. Its limits. The necessity of its adherence to the facts and claims presented, and that the claims have been submitted through the legally prescribed procedure.Pleadings — Part Two · Source page ٢٠١
  5. Principle 1057The court's characterization of the action. It is bound by the facts and claims submitted to it.Pleadings — Part Two · Source page ٢٠١
  6. Principle 1058Ascertaining the true nature of the action and discerning the common intention of its two parties. Within the trial court's authority. - 201 - Civil and Commercial Procedure - Characterization of the action. A question oPleadings — Part Two · Source page ٢٠١
  7. Principle 1059Characterization of the action. Within the authority of the court of merits. The condition for this. That it adhere to the parties' claims and the grounds on which they rest. - The parties' claims in statements of claim.Pleadings — Part Two · Source page ٢٠٢
  8. Principle 1060Giving the action its true description and assigning it its correct legal characterization. A duty of the court of merits.Pleadings — Part Two · Source page ٢٠٢
  9. Principle 1061Ascertaining the true nature of the action and interpreting instruments and contracts in the manner most faithful to the intention of their contracting parties, and giving the relationship between the two parties its corPleadings — Part Two · Source page ٢٠٢
  10. Principle 1062Giving the action its correct legal characterization. A duty of the court of merits, which has no power to change its cause.Pleadings — Part Two · Source page ٢٠٢
  11. Principle 1063The obligation of the court of merits to give the action its true and correct legal characterization, without being bound by the plaintiff’s characterization. Example.Pleadings — Part Two · Source page ٢٠٢
  12. Principle 1064Adjudicating the claims submitted in the action on the basis of what the litigants present. Within the power of the court of merits. - The court’s obligation to give the facts and claims their correct legal characterizatPleadings — Part Two · Source page ٢٠٢
  13. Principle 1065The plaintiff's incorrect characterization of his action. Does not bind the judge. An example concerning a claim for payment of consideration for the expropriation of real property and deprivation of the use of the valuePleadings — Part Two · Source page ٢٠٣
  14. Principle 1066Ascertaining the true nature of the relationship between the parties to the proceedings. Within the authority of the court of merits. - Characterization of an employment contract. Its criterion. Fulfilment of the elementPleadings — Part Two · Source page ٢٠٣
  15. Principle 1067The court of merits may ascertain the true nature of the relationship linking the parties to the litigation from its facts and the evidence submitted therein. It may discern the meaning of the statements and investigate Pleadings — Part Two · Source page ٢٠٣
  16. Principle 1068The trial court is bound, in its characterization of the action, by the facts and claims submitted to it. Example of an erroneous characterization.Pleadings — Part Two · Source page ٢٠٣
  17. Principle 1069Characterization of the action is within the trial court's authority. The condition therefor. That it adhere to the litigants' claims and the grounds on which they are based. An example.Pleadings — Part Two · Source page ٢٠٣
  18. Principle 1070Giving the action its correct characterization. A duty of the court of merits in order to determine its jurisdiction. - The litigation whose termination is considered. It is the original litigation. A judgment declining Pleadings — Part Two · Source page ٢٠٣
  19. Principle 1071Giving the action its true description and assigning it its correct legal characterization. A duty of the court of merits. The cause of action. Its nature. - The basis of tort liability is fault. Its forms. An act contraPleadings — Part Two · Source page ٢٠٤
  20. Principle 1072Forming an understanding of the facts in the action. Within the authority of the court of merits. Provided it bases its judgment on sound reasons sufficient to support it. - A new defense not previously presented to the Pleadings — Part Two · Source page ٢٠٤
  21. Principle 1073Characterizing the parties' claims and understanding the action without being bound by those claims. Within the authority of the court of merits, provided it does not depart from its facts, alter the substance of the claPleadings — Part Two · Source page ٢٠٤
  22. Principle 1074The court of merits is obliged to give the action its correct legal characterization without being bound by the parties’ characterization of it.Pleadings — Part Two · Source page ٢٠٤
  23. Principle 1075The Court of Cassation may legally characterize the facts established in the challenged judgment, provided that, in doing so, it relies on nothing other than the facts as found by the court of merits.Pleadings — Part Two · Source page ٢٠٤
  24. Principle 1076Giving the action its true description and correct characterization. Within the power of the court of merits, without being bound by the litigants’ characterization. - The court of merits may adjudicate what the scope ofPleadings — Part Two · Source page ٢٠٤
  25. Principle 1077Understanding the facts of the action, giving it its true description and assigning it the correct legal characterization. Within the power of the court of merits. Its subjection in this regard to review by the Court of Pleadings — Part Two · Source page ٢٠٥
  26. Principle 1078A judicial claim. Its nature and effect in determining the scope of the action and the court's obligation to adhere to it. - Characterization of the action falls within the authority of the court of merits. The limitatioPleadings — Part Two · Source page ٢٠٥
  27. Principle 1079The court of merits' characterization of the claims in the action. Its obligation to adhere to the true facts and claims and the litigants' intent. Its subjection in this respect to review by the Court of Cassation.Pleadings — Part Two · Source page ٢٠٥
  28. Principle 1080The trial court has full authority to ascertain the true nature of the action from the facts, evidence, and indications placed before it.Pleadings — Part Two · Source page ٢٠٥
  29. Principle 1081The litigants' characterization of the action. Does not bind the court or prevent it from understanding the action according to its true nature. Example.Pleadings — Part Two · Source page ٢٠٥
  30. Principle 1082Giving the action its true description and correct legal characterization. Its condition. The obligation to adhere to the litigants' claims and not go beyond them. Example.Pleadings — Part Two · Source page ٢٠٥
  31. Principle 1083The court of the merits may characterize the action according to the facts it ascertains and assign it its correct legal description. This is conditional upon its observing the limits of the cause of action and the scopePleadings — Part Two · Source page ٢٠٥
  32. Principle 1084Understanding the facts of the action, assessing whether the contracting parties suffer from mental infirmity, and giving the facts their correct legal characterization. Within the power of the court of the merits, proviPleadings — Part Two · Source page ٢٠٥
  33. Principle 1085Ascertaining and understanding the facts of the action, legally characterizing it without being bound by the litigants' characterization, and giving it its true description. Within the authority of the court of merits, pPleadings — Part Two · Source page ٢٠٦
  34. Principle 1086Characterising the claims in the action and ascertaining the meaning of agreements. Within the authority of the court of merits. Its condition.Pleadings — Part Two · Source page ٢٠٦
  35. Principle 1087Giving the action its true description and correct legal characterization. Within the purview of the court of merits. Its condition. That it not alter the cause of action and that it adhere to the litigants' requests. ThPleadings — Part Two · Source page ٢٠٦
  36. Principle 1088The court of merits has full authority to characterize the parties' claims, understand the true nature of the action and assign it the correct description without being bound by the parties' characterization. The conditiPleadings — Part Two · Source page ٢٠٦
  37. Principle 1089Ascertaining the true nature of the relationship linking the parties to the litigation. A matter of fact within the authority of the court of merits. It incurs no reproach for accepting any evidence, provided it is amongPleadings — Part Two · Source page ٢٠٦
  38. Principle 1091The trial court is obliged to give the action its correct legal characterization without being bound by the parties' characterization of it. Condition for this: adhering to the limits of the cause of action without addinPleadings — Part Two · Source page ٢٠٦
  39. Principle 1092Characterization of the action and the claims therein. A matter for the trial court. Its condition. That it adhere to the true nature of the facts and claims presented and the litigants' intention therein. Its subjectionPleadings — Part Two · Source page ٢٠٧
  40. Principle 1093Ascertainment of the true relationship binding the parties and inference of the contracting parties' intention and what their agreement encompassed. A matter of fact.Pleadings — Part Two · Source page ٢٠٧
  41. Principle 1094Characterizing the action and assigning it its correct description without being bound by the description the litigants confer upon it. Within the authority of the court of merits. Its condition. Its adherence to the limPleadings — Part Two · Source page ٢٠٧
  42. Principle 1095Contractual liability and tortious liability. The legislature has assigned each provisions independent of the other and defined the scope of each. - The existence of a legal relationship defined as to its parties and scoPleadings — Part Two · Source page ٢٠٧
  43. Principle 1097The court of merits may characterize the action and give it its correct legal description in accordance with the claims presented to it without altering their substance. - What counts in the parties' claims. What they exPleadings — Part Two · Source page ٢٠٨
  44. Principle 1098Characterizing the action, investigating the litigants' claims therein, and discerning their aims. Within the authority of the court of merits. Its not being bound in this respect by the litigants' characterization. Its Pleadings — Part Two · Source page ٢٠٨
  45. Principle 1099The parties' characterization of the action. Does not bind the court or prevent it from understanding the action in its true nature and giving it the correct characterization in light of the facts it ascertains and applyPleadings — Part Two · Source page ٢٠٨
  46. Principle 1100Characterization of the action. A matter for the trial court in light of the facts it ascertains, and it may apply to it its true description. The condition therefor: that it adhere to the cause of action and the scope oPleadings — Part Two · Source page ٢٠٩
  47. Principle 1101An adjustment action in which an employee claims his entitlement derived directly from the law. The claim therein is not subject to the time limits for an annulment action. The Administrative Circuit has jurisdiction to Pleadings — Part Two · Source page ٢٠٩
  48. Principle 1102Characterization of the parties’ claims falls within the trial court’s authority. Its necessary implication: it is not bound by the parties’ description of those claims.Pleadings — Part Two · Source page ٢٠٩
  49. Principle 1103Characterization of the parties' claims. Within the authority of the court of merits. The condition thereof. What matters is the true intent and purpose of the claims, not the words in which they are formulated.Pleadings — Part Two · Source page
  50. Principle 1104Characterizing the relationship governing the two parties to the action from its facts and without being bound by the description the parties give it. Within the trial court's authority. - The court's reliance on a crimiPleadings — Part Two · Source page
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