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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    Principle 1169Incidental claims. Condition for their admissibility. They must relate to an actually existing claim and be made on a date subsequent to the date of filing the action subject to amendment.Pleadings — Part Two · Source page ٢٢٠
  2. Principle 1170Incidental claims. A departure from the general principle that the scope of the action is determined by the original claim. A condition for submitting them is that this be done by one of the three methods prescribed by lPleadings — Part Two · Source page ٢٢٠
  3. Principle 1171New claims on appeal. Inadmissible. - An incidental claim on appeal. A new claim. The appellate judgment's failure to address it does not vitiate it.Pleadings — Part Two · Source page ٢٢٠
  4. Principle 1172Incidental claims by the defendant. Inadmissible for the first time on appeal. Their omission from the appellate judgment does not render it defective.Pleadings — Part Two · Source page ٢٢٠
  5. Principle 1173The judicial demand by which the scope of the action is determined. Its definition and effect. The claim by which the court is bound is the express, unequivocal claim. - 220 - ProcedurePleadings — Part Two · Source page ٢٢٠
  6. Principle 1174A request to appoint an expert to assess compensation does not extend to being regarded as a request for an actual award of what his report yields.Pleadings — Part Two · Source page ٢٢١
  7. Principle 1175Initially bringing the action with a request for the appointment of an expert. Amending the claims to seek judgment in accordance with the outcome of the expert's report. Establishment of the invalidity of service of thePleadings — Part Two · Source page ٢٢١
  8. Principle 1176A judicial demand. Its definition. Its effect. Limiting the claims to spousal maintenance does not encompass custody remuneration and custody accommodation. The reason therefor. - The rent for accommodation for custody oPleadings — Part Two · Source page ٢٢١
  9. Principle 1177The court of merits being bound by the claims presented by the parties in the action does not prevent it from adjudicating what necessarily falls within the scope of these claims. The marital claim includes the claim forPleadings — Part Two · Source page ٢٢١
  10. Principle 1178Claiming provisional compensation does not prevent the court from awarding final compensation once the extent of the final harm is established before it.Pleadings — Part Two · Source page ٢٢١
  11. Principle 1179The final claims in the action are determinative unless they refer to what is contained in the statement of claim.Pleadings — Part Two · Source page ٢٢١
  12. Principle 1180A judicial demand is a procedure defining the scope of the action. An example of not exceeding the litigant's claims.Pleadings — Part Two · Source page ٢٢١
  13. Principle 1181The complaint that the judgment disregarded a request that was not advanced expressly and unequivocally. Unfounded.Pleadings — Part Two · Source page ٢٢١
  14. Principle 1182Interest in challenging a judgment. The criterion for its existence. - The court of first instance's ruling terminating the action seeking the appointment of an expert after the expert submitted his report. No - 221 - CiPleadings — Part Two · Source page ٢٢١
  15. Principle 1183A request to tender an oath made after the appeal has been reserved for judgment and without permission to submit memoranda. Is not considered presented to the court. The judgment’s disregard of it does not vitiate it.Pleadings — Part Two · Source page ٢٢٢
  16. Principle 1184A request before the court of first instance to appoint an expert to determine the sums due from the employer and then to render judgment obliging her to pay what the expert examination establishes, followed by a requestPleadings — Part Two · Source page ٢٢٢
  17. Principle 1185A worker's submission of an application to the Ministry of Social Affairs and Labour is the sole procedure for bringing a labour action. Submission of the application does not prevent the worker from amending his claims Pleadings — Part Two · Source page ٢٢٢
  18. Principle 1186The scope of the action is defined by the judicial claim. The consequence thereof. - A request for rescission made for the first time on appeal. A new claim that is inadmissible. The appellate judgment’s disregard of it Pleadings — Part Two · Source page ٢٢٢
  19. Principle 1187A claim for specific performance encompasses a claim for performance by way of compensation. The court's right to award this of its own motion. This is not considered an award by it of relief not sought by the litigants.Pleadings — Part Two · Source page ٢٢٢
  20. Principle 1188Characterization of the action. Within the trial court's authority. - A judicial demand. Its definition and effect. - A new claim that may not be submitted on appeal. Its nature. Its distinction from a new means of defenPleadings — Part Two · Source page ٢٢٣
  21. Principle 1189Determining the scope of the case is a matter of understanding the facts of the action and thus falls within the authority of the judge of merits. Restrictions on this authority. - The claim binding the court is the uneqPleadings — Part Two · Source page ٢٢٣
  22. Principle 1191The scope of the action is determined by the final claims. - The claim considered to be before the court, which it is therefore obliged to adjudicate, is the unequivocal claim.Pleadings — Part Two · Source page ٢٢٣
  23. Principle 1192Ascertaining and understanding the facts of the action, correctly characterizing the claims, examining the papers submitted therein, and inferring their sham nature from the circumstantial evidence in the action, even ifPleadings — Part Two · Source page ٢٢٣
  24. Principle 1193The basic principle of the litigation system is that it operates at two levels, so new claims are not admissible on appeal. - The judgment's limiting its requests before the first instance to a request for the appointmenPleadings — Part Two · Source page ٢٢٣
  25. Principle 1195Determination of the scope of the action. What matters is the final claims, not those upon which the action was originally brought.Pleadings — Part Two · Source page ٢٢٤
  26. Principle 1196The scope of the action is determined by the judicial demand. - Characterization of the action falls within the authority of the court of merits. Its condition. Adherence to the facts and claims presented to it.Pleadings — Part Two · Source page ٢٢٤
  27. Principle 1197A judicial claim is a procedure directed to the court against the defendant, by which the scope of the action is defined for the parties and the judge, and by which the court is bound when determining it. - The principlePleadings — Part Two · Source page ٢٢٤
  28. Principle 1198Settlement. Its effect. No expansive construction or interpretation thereof. The trial court must adhere to the litigants' claims in the action and not depart from them. Example.Pleadings — Part Two · Source page ٢٢٤
  29. Principle 1199The judicial demand initiating the proceedings and the incidental claims submitted therein. Determine the scope of the action. - Determining the scope of the action and interpreting the expressions in which the claims inPleadings — Part Two · Source page ٢٢٤
  30. Principle 1200A claim or plea in which its proponent has no legally recognized interest. Inadmissible.Pleadings — Part Two · Source page ٢٢٤
  31. Principle 1201The litigants' express and unequivocal claims. Determine the scope of the action. - Regard is had to the final claims around which the litigation revolves. Their determination in this manner binds the litigants and the jPleadings — Part Two · Source page ٢٢٤
  32. Principle 1202The court of merits must adhere to the limits of the claims presented in the action without changing their substance or introducing new claims. What matters in determining a party’s claims is the relief expressly and unePleadings — Part Two · Source page ٢٢٥
  33. Principle 1203The scope of the action is determined by the judicial demand commencing the litigation and the incidental claims submitted therein. - Determining the scope of the action. Within the authority of the court of merits. The Pleadings — Part Two · Source page ٢٢٥

  34. - طلبات الخصوم

    Principle 1204A judicial claim is a procedure directed to the court against the defendant, by which the scope of the action is determined for the parties and the judge. - An action to establish a state of affairs. Its purpose. Taking Pleadings — Part Two · Source page ٢٢٥
  35. Principle 1205Judgment in accordance with the original claims rather than the amended claims of which the opposing litigant was not served notice. No nullity.Pleadings — Part Two · Source page ٢٢٥
  36. Principle 1206The court of merits is bound by the claims submitted by the parties. It may award what the scope of the claim necessarily and factually encompasses. - 225 - ProcedurePleadings — Part Two · Source page ٢٢٥
  37. Principle 1207The court is bound by what the parties maintain. A judgment based on the exclusion of a party's memorandum containing the added additional claim altering the two original claims, because it was not served and the opposinPleadings — Part Two · Source page ٢٢٦
  38. Principle 1209The claim by which the court is bound is that which the parties maintain unequivocally and bring to the court’s attention.Pleadings — Part Two · Source page ٢٢٦
  39. Principle 1210The final claims are decisive. A request to appoint an expert. A claim submitted in a memorandum received by the opposing party seeking an award of the compensation assessed by the expert. A final claim determining the rPleadings — Part Two · Source page ٢٢٦
  40. Principle 1211Amending claims during the course of the action to a greater amount. Its effect is valuation according to the amended claims the action containing unvalued claims connected to one another.Pleadings — Part Two · Source page ٢٢٦
  41. Principle 1213The scope of the action. It is determined, in relation to the litigants or the judge, by the judicial demand. A request for appointment of an expert as a preliminary step to requesting judgment in accordance with the outPleadings — Part Two · Source page ٢٢٦
  42. Principle 1214The scope of the action is determined by the judicial claim. A request to appoint an expert does not extend to a request for judgment awarding what the expert's report yields.Pleadings — Part Two · Source page ٢٢٦
  43. Principle 1215The scope of the proceedings as regards their parties. Its determination is within the plaintiff’s authority unless the law requires him to join specified persons. - 226 - ProceduresPleadings — Part Two · Source page ٢٢٦
  44. Principle 1216A judicial claim. Its nature. The scope of the action, whether for the parties or the judge, is determined by the judicial claim. An appeal transfers the action in the state it was in before the appealed judgment was renPleadings — Part Two · Source page ٢٢٧
  45. Principle 1217Awarding what the litigants did not request. If it is not the result of an unintentional oversight by the court that delivered the judgment. The means of correcting it. It is to challenge the judgment by cassation, not bPleadings — Part Two · Source page ٢٢٧
  46. Principle 1218Action. Constraints on its characterization by the court of merits. Adherence to the limits of the relief sought. Exceeding those limits is an error. Example: a claim for rescission for non-performance of an obligation. Pleadings — Part Two · Source page ٢٢٧
  47. Principle 1219Judgments may be challenged only by the party against whom judgment was rendered. Article 127 of the Civil Procedure Law. The criterion for identifying a party to an action is the making of claims by or against that partPleadings — Part Two · Source page ٢٢٧
  48. Principle 1220The claim by which the court is bound. The express, unequivocal claim. Disregarding what does not qualify as such. Does not vitiate the judgment.Pleadings — Part Two · Source page ٢٢٧
  49. Principle 1221The scope of the action is determined by the claims, the litigants and the cause on which it was brought. The court is bound by that scope in its adjudication.Pleadings — Part Two · Source page
  50. Principle 1222Claims in the action. How they are amended during the proceedings. What counts in determining which are presented to the court of first instance. The final claims, not what the originating statement of claim contained. -Pleadings — Part Two · Source page
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