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. تكييف الدعوى

    Principle 1105The trial court may give the action its true description and correct legal characterization without changing the cause of action or the true nature of the litigants' claims therein. Its subjection in this respect to reviPleadings — Part Two · Source page ٢٠٩
  2. Principle 1106Characterization of the parties' claims. Within the authority of the court of merits. Its condition. What matters is the true intention and objective of the claims, not the words in which they are formulated. An example Pleadings — Part Two · Source page ٢٠٩
  3. Principle 1107Ascertaining an understanding of the facts in the action and giving it its true description and correct legal characterization. Within the trial court's authority. The condition therefor.Pleadings — Part Two · Source page ٢١٠
  4. Principle 1108Characterization of an action. What matters is not the literal wording of its expressions but what the claimant intended by them, taking into account the facts and justifications he presents. - Ascertaining what the contPleadings — Part Two · Source page ٢١٠
  5. Principle 1109Giving the action its true description and correct legal characterization. Within the authority of the court of merits. It must adhere in doing so to the claims presented to it without altering their substance.Pleadings — Part Two · Source page ٢١٠
  6. Principle 1110The court of merits may characterize the parties’ claims and understand the facts in the action so long as it does not depart from the facts of the action, change the substance of their claims therein, or introduce new cPleadings — Part Two · Source page ٢١٠
  7. Principle 1111The respondent's—the wife's—request to obtain a marriage contract for herself with the addition of the entry 'undetermined nationality' in the field for the wife's nationality. In reality, it is a dispute whose examinatiPleadings — Part Two · Source page ٢١١
  8. Principle 1112The judicial claim by which proceedings commence. It determines the scope of the case. - Ascertaining the true nature of the action, determining its scope and characterizing the parties' claims. Within the authority of tPleadings — Part Two · Source page ٢١١

  9. سبب الدعوى

    Principle 1113Characterization of the action and the claims therein. Within the authority of the court of merits. It is not bound by the parties’ description thereof. The condition for this: that it adhere to the true facts and claimsPleadings — Part Two · Source page ٢١١
  10. Principle 1115The cause of action is the legal source of the right claimed. The judge may not change it.Pleadings — Part Two · Source page ٢١١
  11. Principle 1116The cause of the action. Its alteration before the court of first instance and failure to object to that before the second instance. Raising this for the first time before cassation is not permissible. - 211 - Civil ProcPleadings — Part Two · Source page ٢١١
  12. Principle 1117The court of merits is bound by the cause of action and must confine its examination to it without changing it, as it is the legal source of the right claimed against.Pleadings — Part Two · Source page ٢١٢
  13. Principle 1118Introducing new claims on appeal. Impermissible except in the excepted cases. Changing the cause of action before the appellate court is permissible. Example of a change in the cause of action rather than a new claim.Pleadings — Part Two · Source page ٢١٢
  14. Principle 1120Review by the Court of Cassation to ascertain whether the cause of action is genuine or ostensible with the intention of precluding a plea of res judicata.Pleadings — Part Two · Source page ٢١٢
  15. Principle 1121Permissibility of maintaining the original claim unchanged while changing its basis and adding to it on appeal. Example of a basis added on appeal.Pleadings — Part Two · Source page ٢١٢
  16. Principle 1123The cause of action is the legal source of the right asserted, and the court of merits has no power to change it of its own motion. An example of its adherence to the cause of action. - Ascertaining the true nature of thPleadings — Part Two · Source page ٢١٢
  17. Principle 1124The cause of action is the legal basis upon which it is founded; it does not extend to the evidence or means of defence submitted therein. - 212 - ProcedurePleadings — Part Two · Source page ٢١٢
  18. Principle 1125The cause of action is the legal basis upon which it is built the cause for rescission of a contract binding on both parties, pursuant to the provisions of the first paragraph of Article 209 of the Civil Code, is the debPleadings — Part Two · Source page ٢١٣
  19. Principle 1126A judgment has res judicata effect only as to what it has decided concerning the cause upon which the action was brought. What was not examined concerning another cause has no res judicata effect. - Identity of cause is Pleadings — Part Two · Source page ٢١٣
  20. Principle 1129New claims on appeal. Inadmissible. Changing the cause or adding to it is permissible. A new claim. Its nature. An example of what constitutes a new claim.Pleadings — Part Two · Source page ٢١٣
  21. Principle 1130The jurisdiction of the Rentals Circuit under the provisions of Decree-Law No. 35 of 1978. Its criterion; what falls outside this jurisdiction. Example. - The determining factor in establishing subject-matter jurisdictioPleadings — Part Two · Source page ٢١٣
  22. Principle 1131The cause of action. It is the source of the obligation, not the evidence supporting it. - 213 - Civil ProcedurePleadings — Part Two · Source page ٢١٣
  23. Principle 1132A new ground unrelated to public policy. Raising it as a ground of challenge for the first time before the Court of Cassation. Inadmissible. An example: concerning the absence from the statement of claim of particulars rPleadings — Part Two · Source page ٢١٤
  24. Principle 1133Cause of action. Its nature. An example of the court not changing the cause of action concerning contractual interest.Pleadings — Part Two · Source page ٢١٤
  25. Principle 1134Changing the cause of action and adding to it while retaining the original claim. Permissible. The court of merits must adhere to the cause of action.Pleadings — Part Two · Source page ٢١٤
  26. Principle 1135The judicial demand. Its nature. The effect thereof. Determination of the scope of the action for the judge and the parties. Its import. - New claims on appeal. What does not constitute such claims. An example concerningPleadings — Part Two · Source page ٢١٤
  27. Principle 1136New claims are inadmissible on appeal. The effect thereof. The original claim may remain unchanged while its cause is changed and added to on appeal.Pleadings — Part Two · Source page ٢١٤
  28. Principle 1137The court of merits must adhere to the parties’ claims and their legal cause. The implication thereof. It may not change the cause of action of its own motion. Example concerning the nullity of a contract because it was Pleadings — Part Two · Source page ٢١٤
  29. Principle 1139The cause of action. Its nature. It does not change with a change in the evidence and means of defence in the action. - 214 - Civil ProcedurePleadings — Part Two · Source page ٢١٤
  30. Principle 1140The original claim. The appellant may change its cause and add to it while retaining its subject matter. The basis for this. Article 144/3, Civil Procedure. - Annulment or nullity of a contract. Its effect. Restoring thePleadings — Part Two · Source page ٢١٥
  31. Principle 1142Assessment of the value of an action where it contains multiple claims. The determining factor is the aggregate of the claims if they arise from one cause. Their arising from multiple causes. Its effect. Assessment is baPleadings — Part Two · Source page ٢١٥
  32. Principle 1143The ground may be changed on appeal while the subject matter of the original claim remains unchanged. Example.Pleadings — Part Two · Source page ٢١٥
  33. Principle 1144The trial court is obliged to give the action its true description and proper legal characterization, without being bound by the litigants' characterization thereof, within the limits of the cause of action.Pleadings — Part Two · Source page ٢١٥
  34. Principle 1147In determining the nature of liability, the court of merits is not bound by what the injured party relied upon in seeking compensation or by the legal provision upon which he relied in that regard. It must, of its own moPleadings — Part Two · Source page ٢١٥
  35. Principle 1149Actions instituted pursuant to the provisions of Law 18 of 1969 and its amendments. They must be brought within one year from the date Law 33 of 2000 came into force; otherwise, they shall be ruled inadmissible. ImplicatPleadings — Part Two · Source page ٢١٦
  36. Principle 1150The cause of action. Its nature. It is the basis on which it is founded, that is, the source of the obligation.Pleadings — Part Two · Source page ٢١٦
  37. Principle 1151The court of merits. It must, of its own motion, ascertain the correct legal rule applicable to the relationship between the parties to the compensation action and apply it to the facts before it. - The direct cause of aPleadings — Part Two · Source page ٢١٦
  38. Principle 1153The court of merits. Its obligation to ascertain the correct legal rule applicable to the facts of the action and apply it thereto without being bound by what the parties have stated. This does not constitute a change byPleadings — Part Two · Source page ٢١٧
  39. Principle 1154The court of merits. It has no power to change the cause of action of its own motion. It must adhere to the parties’ claims and the legal cause upon which it was brought. - The appellant’s institution of the action seekiPleadings — Part Two · Source page ٢١٧
  40. Principle 1155The cause of action is the legal source of the right claimed. It does not change with a change in the factual evidence, means of defence and legal arguments relied upon by the litigants. The court has no power to change Pleadings — Part Two · Source page ٢١٧
  41. Principle 1156The cause of the action. The court has no right to change it of its own motion. The reason for this. Example.Pleadings — Part Two · Source page ٢١٧
  42. Principle 1158New claims on appeal. Inadmissible. Changing the cause of the action and adding to it while leaving the original claim unchanged. Permissible. The reason for this.Pleadings — Part Two · Source page ٢١٨
  43. Principle 1160Investigating the correct legal rule applicable to the relationship between the parties to the compensation action. A duty of the court of merits, without this being considered a change by it to the cause of action or itPleadings — Part Two · Source page ٢١٨
  44. Principle 1161The legal cause of the claim. What is meant thereby. The legal fact constituting the source of the right claimed, whether a legal act or a material fact. - A claim for spousal maintenance and the prompt portion of the doPleadings — Part Two · Source page ٢١٨
  45. Principle 1163Original 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 ٢١٩

  46. دليل الدعوى

    Principle 1164The rule of unjust enrichment. Among the conditions for its application: the absence of a lawful cause justifying the enrichment and impoverishment. - Cause is the legal source conferring the enrichment. It may be a contPleadings — Part Two · Source page ٢١٩

  47. أولاً: من حيث موضوعها

    Principle 1165Evidence supporting the action or defense must be submitted to the court of merits. Submission of a document to the Court of Cassation is of no avail and serves no purpose. The reason for this. - 219 - Procedure Scope ofPleadings — Part Two · Source page ٢١٩
  48. Principle 1166Incidental claims by the defendant. Raising them for the first time on appeal is inadmissible.Pleadings — Part Two · Source page ٢٢٠
  49. Principle 1167Incidental claims by the defendant. Not admissible for the first time on appeal. Example.Pleadings — Part Two · Source page
  50. Principle 1168The scope of the action is determined by the plaintiff’s claims directed against the defendant. The court’s obligation not to go beyond its scope.Pleadings — Part Two · Source page
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