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. - طلبات الخصوم

    Principle 1223A request to set aside the appealed judgment or declare it void includes a request to award those of the appellant's claims which that judgment rejected. The basis for this.Pleadings — Part Two · Source page ٢٢٨
  2. Principle 1224The agent's domicile is recognized for service of the documents necessary for the conduct of the action at the level of litigation for which he is appointed. This applies to service of amended claims at the same level ofPleadings — Part Two · Source page ٢٢٨
  3. Principle 1226The trial court granting the appellant his claims. Its effect. He may not raise any ground of challenge concerning them before the Court of Cassation.Pleadings — Part Two · Source page ٢٢٨
  4. Principle 1227An obligation in solidum. Its sources are multiple while its subject remains one. The debtor under this obligation does not benefit from establishment of the other's liability so long as the liability of his debtor has bPleadings — Part Two · Source page ٢٢٨
  5. Principle 1228An appeal transfers the action together with the pleas and grounds of defence previously raised by the respondent, provided he has not waived them expressly or impliedly. The effect thereof. The appellate court must addrPleadings — Part Two · Source page ٢٢٨
  6. Principle 1229The female appellant’s request in the statement of appeal for judgment granting her the claims she made before the court of first instance. Necessarily includes a request to reverse the appealed judgment insofar as it diPleadings — Part Two · Source page ٢٢٨
  7. Principle 1230Ascertaining the facts of the action and determining its scope from the litigants' claims therein. A matter of fact. - The plaintiff's right to amend his claims in the absence of his opponent. Its criterion. That it resuPleadings — Part Two · Source page ٢٢٨
  8. Principle 1231The date of a cheque differing from what was stated concerning it in other papers. Does not concern public policy. The effect of this.Pleadings — Part Two · Source page ٢٢٩
  9. Principle 1232The scope of the action is determined by the litigants' claims. The condition therefor. The judge must not exceed the amount requested, without being bound by the elements upon which it was based.Pleadings — Part Two · Source page ٢٢٩
  10. Principle 1234The scope of a challenge. Does not extend beyond the judgment challenged. - The task of the Court of Cassation is confined to examining what was before the Court of Appeal. Not what had not previously been submitted to iPleadings — Part Two · Source page ٢٢٩
  11. Principle 1235The decisive oath belongs to the litigant, not the judge. When it is tendered. Conditions for tendering it. That it be material and not abusive. - The trial court's determination of the action is within the limits of thePleadings — Part Two · Source page ٢٢٩
  12. Principle 1236A request to set aside the appealed judgment. Implicitly and necessarily encompasses a request for a judgment dismissing the action. A request to return the assignment to the expert does not affect this. The reason for tPleadings — Part Two · Source page ٢٢٩
  13. Principle 1237The plea of inadmissibility of new claims on appeal. Pertains to public policy. The effect thereof. The court must rule of its own motion that they are inadmissible. When a claim is considered new. - 229 - Civil ProcedurPleadings — Part Two · Source page ٢٢٩
  14. Principle 1238The plaintiff's amendment of his claims in the action, after the expert has filed his report, to seek an award of what the expert's report concluded, including delay penalties. The court must adjudicate them. No regard iPleadings — Part Two · Source page ٢٣٠
  15. Principle 1239The condition for applying the rule that, if a contract is void or annulled, the contracting parties are restored to the position they occupied at the time of the contract is that the person relying upon it request appliPleadings — Part Two · Source page ٢٣٠
  16. Principle 1240The court is bound by the litigants' claims in the action. The absence from the papers of anything indicating that the appellants maintained a claim to restore the contracting parties to the position they occupied at thePleadings — Part Two · Source page ٢٣٠
  17. Principle 1242Judgments that do not conclude the entire litigation. Challenging them independently is impermissible. Exception: provisional and urgent judgments, judgments staying the action, and judgments susceptible to compulsory enPleadings — Part Two · Source page ٢٣٠
  18. Principle 1243The trial court's adherence to the claims submitted by the parties in the action does not prevent it from awarding what the scope of those claims necessarily and actually encompasses. A claim to terminate the awarded cusPleadings — Part Two · Source page ٢٣٠
  19. Principle 1244An appeal transfers the action to the Court of Appeal within the limits of what has been appealed. - Inadmissibility of new claims on appeal. A rule relating to public policy. The effect thereof. - 230 - Civil and CommerPleadings — Part Two · Source page ٢٣٠
  20. Principle 1245The court of merits knowingly awarding what the parties did not request or more than they requested. Challenge thereto is by cassation. Its adjudication without intending to exceed those claims. Challenge thereto is by pPleadings — Part Two · Source page ٢٣١
  21. Principle 1246The parties' claims in the action. What matters in determining them. The court must adhere to them. Its granting of the principal claim. Its effect. Termination of the entire litigation, leaving no occasion to discuss thPleadings — Part Two · Source page ٢٣١
  22. Principle 1247The scope of the appeal is defined not by all claims presented to the court of first instance, but by those presented before the Court of Appeal. - The Court of Appeal may not adjudicate matters not sought in the statemePleadings — Part Two · Source page ٢٣١
  23. Principle 1248The devolutive effect of appeal. Its meaning. An example of what is not deemed submitted to the Court of Appeal. - A claim for compensation. Does not in itself include a claim for interest.Pleadings — Part Two · Source page ٢٣١
  24. Principle 1249Default interest. Its becoming due as soon as the debt falls due for delay in paying a commercial debt. The reason for this. - The parties' claims in the action. The necessity for the court to adhere to them. Its departuPleadings — Part Two · Source page ٢٣١
  25. Principle 1252The scope of the action is determined by the judicial demand commencing the litigation and by the incidental claims submitted in accordance with the law. - Determining the scope of the action. A matter of understanding tPleadings — Part Two · Source page ٢٣٢
  26. Principle 1253The judgment not addressing adjudication of the financial consequences of marriage and divorce, whether in its operative part or its reasons, because the parties did not raise that issue. The judgment concluding with judPleadings — Part Two · Source page ٢٣٢
  27. Principle 1255Challenging the judgment for granting the relief sought in the statement of claim. Unfounded. Example.Pleadings — Part Two · Source page ٢٣٢
  28. Principle 1256A judicial claim. Its nature and effect in determining the scope of the action and the court's adherence to it. - The trial court's characterization of the action. Its limitations.Pleadings — Part Two · Source page ٢٣٢
  29. Principle 1257The scope of the action is defined by the final claims made in an express and unequivocal form. The court's obligation to determine them and not to depart from their scope. - A litigant's request to be enabled to prove oPleadings — Part Two · Source page ٢٣٢
  30. Principle 1258The scope of the action in terms of its subject matter. The criterion for determining it. - The request deemed submitted to the court and which it is obliged to discuss and answer. Its nature.Pleadings — Part Two · Source page ٢٣٣
  31. Principle 1259Dissolution of marriage for abandonment. Its distinction from a request for judicial divorce on account of conflict and discord between the spouses. - A request for a judgment of judicial divorce on account of abandonmenPleadings — Part Two · Source page ٢٣٣
  32. Principle 1260The ordinary judiciary is the default holder of judicial jurisdiction. Anything else: an exception to this principle beyond which it is impermissible to go. The determining factor for the jurisdiction of a judicial body Pleadings — Part Two · Source page ٢٣٣
  33. Principle 1261An express and unequivocal claim is what binds the court. - A new claim on appeal. Inadmissible. The basis therefor.Pleadings — Part Two · Source page ٢٣٣
  34. Principle 1262The court of merits must adhere to the limits of the claims presented in the action without altering the substance of those claims or introducing new claims. What counts in determining a party's claims is what he expressPleadings — Part Two · Source page ٢٣٣
  35. Principle 1263What matters is the final claims in the action. No regard is had to the claims contained in its statement of claim unless the plaintiff refers to them in his final memorandum.Pleadings — Part Two · Source page ٢٣٣
  36. Principle 1265Adherence to the litigants' claims in the action and not departing from them. A duty incumbent on the trial court. An example.Pleadings — Part Two · Source page ٢٣٤
  37. Principle 1266A claim for eviction for non-payment of rent necessarily includes an implied claim for rescission of the contract.Pleadings — Part Two · Source page ٢٣٤
  38. Principle 1267A judicial claim. Its nature. Its effect: determining the scope of the action. - An appeal. Its scope. The Court of Appeal addressing a new subject matter not submitted to the court of first instance. Not permissible. ThPleadings — Part Two · Source page ٢٣٤
  39. Principle 1268The request that the court is obliged to grant or state the reason for rejecting is the express and unequivocal request.Pleadings — Part Two · Source page ٢٣٤
  40. Principle 1269The scope of the action. Determined by the parties' final claims. - The request deemed submitted to the court. Its nature. The judgment's rejection of an equivocal request. No defect. Example.Pleadings — Part Two · Source page ٢٣٤
  41. Principle 1271Determining the scope of the action is a matter of understanding its facts and falls within the authority of the court of merits. - A party's claims. What matters in determining them is the relief requested in an expressPleadings — Part Two · Source page ٢٣٤
  42. Principle 1272A claim not made before the court of first instance may not be made for the first time on appeal. The reason therefor. - A new claim that is inadmissible for the first time on appeal. It is a claim differing from the claPleadings — Part Two · Source page ٢٣٥
  43. Principle 1276A claim in an action. What matters is its substance and basis, not the words in which it is formulated.Pleadings — Part Two · Source page ٢٣٥
  44. Principle 1277What matters in determining a party's claims is the relief he requests to be awarded, rather than what appears in the body of the statement of claim. Example. - A claim determined by the court of first instance and not sPleadings — Part Two · Source page ٢٣٥
  45. Principle 1278Determining the scope of the action is within the authority of the court of merits whenever the determination is reasonable. Example.Pleadings — Part Two · Source page ٢٣٥
  46. Principle 1279The scope of the action. Determined by the plaintiff’s requests, by which the court is bound and beyond which it may not go. - 235 - Civil ProcedurePleadings — Part Two · Source page ٢٣٥
  47. Principle 1280A judicial demand is a procedural act addressed to the court against the defendant, and it determines the scope of the action both for the parties and for the judge. Example.Pleadings — Part Two · Source page ٢٣٦
  48. Principle 1281A claim in an action. Anything submitted with a view to obtaining a judgment or decision in the action. Statements, arguments in defence, and pleas that do not result in a judgment or decision being issued concerning thePleadings — Part Two · Source page ٢٣٦
  49. Principle 1282Inadmissibility of new claims on appeal. Its purpose. Preventing the loss of one of the two levels of litigation. Its relation to public order. - The appellant’s request in the statement instituting the first-instance acPleadings — Part Two · Source page
  50. Principle 1283A judicial claim, whether original or incidental. Its nature: a procedural act addressed to the court against the defendant, around which the litigation revolves, which defines the scope of the action and binds the courtPleadings — Part Two · Source page
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