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. - الطلبات العارضة

    Principle 1342The defendant may submit incidental claims connected with the original claim. This is restricted to the court of first instance. Raising them for the first time before the Court of Appeal is inadmissible. The basis for tPleadings — Part Two · Source page ٢٤٧
  2. Principle 1343The appeal. Its scope. Making new claims on appeal is not permissible. The court may, of its own motion, rule them inadmissible. - An incidental claim made in the statement of appeal is considered a new claim. Making it Pleadings — Part Two · Source page ٢٤٧
  3. Principle 1344What determines a party's claims is what he requests be awarded to him. - The scope of the action is determined by the judicial demand commencing the litigation. The claimant may amend his claims during the litigation thPleadings — Part Two · Source page ٢٤٧
  4. Principle 1345An ancillary action that differs from the original action in parties, subject matter, and cause. Hearing and determining them together does not result in either being merged into the other.Pleadings — Part Two · Source page ٢٤٧
  5. Principle 1346Incidental claims that alter the scope of the same proceedings and are connected with the original claim may be made during the hearing of the proceedings. The reason therefor. The determining factor is the final claims.Pleadings — Part Two · Source page ٢٤٧
  6. Principle 1347An incidental claim. The requirement to pay the fees due thereon. The effect thereof. Its being considered a procedure interrupting prescription.Pleadings — Part Two · Source page ٢٤٨
  7. Principle 1348Effecting set-off. Its condition. It must be raised in the form of an incidental claim. The claim may not be raised for the first time before the Court of Appeal. Reason therefor.Pleadings — Part Two · Source page ٢٤٨
  8. Principle 1350Assessing whether or not there is a connection justifying admission of the incidental claim. Within the authority of the court of merits. Its being subject in this respect to review by the Court of Cassation.Pleadings — Part Two · Source page ٢٤٨
  9. Principle 1351A judicial claim, whether original or incidental, and the litigants' request to record their agreed settlement in the hearing minutes. Their nature, the distinction between them and its effect. - A request to record the Pleadings — Part Two · Source page ٢٤٨
  10. Principle 1352The parties' failure to appear before the court of first instance. An incidental claim presented before the Court of Appeal. Impermissible. The judgment's disregarding it does not render it defective.Pleadings — Part Two · Source page ٢٤٩
  11. Principle 1353An incidental claim. Its meaning and how it is made. Example concerning a claim for nullity of a contract in an action for validity and enforceability.Pleadings — Part Two · Source page ٢٤٩
  12. Principle 1354The scope of the appeal. Defined by the requests made before the court of first instance, within the limits of what has been appealed. The consequence thereof. Departure from them is impermissible, whether by changing thPleadings — Part Two · Source page ٢٤٩
  13. Principle 1357Admission of incidental claims from the plaintiff or defendant. Restricted to those connected with the original action in such a way that the proper administration of justice calls for hearing them together. Assessment oPleadings — Part Two · Source page ٢٤٩

  14. - الطلب الأصلي والطلب الاحتياطي

    Principle 1359Staying the action pending determination of another issue. It is subject to the discretion of the court of merits, which may ascertain the degree of seriousness of what arises concerning that issue and the extent of its Pleadings — Part Two · Source page ٢٥٠
  15. Principle 1360The court's adherence to the claims submitted by the parties. The limits thereof. It may award what the scope of the claim necessarily and actually encompasses. - The judgment's conclusion characterizing the female respoPleadings — Part Two · Source page ٢٥٠
  16. Principle 1361The court's ruling dismissing the principal claim. It must address and determine the alternative claim. Its condition. That the person making the claim has not relinquished it.Pleadings — Part Two · Source page ٢٥٠
  17. Principle 1362The Court of Appeal's reversal of what the first-instance judgment decided on the principal claim. Its necessary consequence. The case must be remitted to the court of first instance to decide the alternative claim.Pleadings — Part Two · Source page ٢٥٠

  18. - الخصوم في الدعوى

    Principle 1365A request for specific performance and performance by way of compensation. Two branches that divide between them the performance of the debtor's obligation and are equivalent in value. The consequence thereof. A request Pleadings — Part Two · Source page ٢٥١
  19. Principle 1366The parties to appeal proceedings are limited to those impleaded before the court of first instance. The criterion for identifying a party. Claims in the action being directed against him. The determining factor in this Pleadings — Part Two · Source page ٢٥١
  20. Principle 1367Valid constitution of litigation. Its condition. Both parties must possess capacity to be parties and to litigate. This encompasses all stages of the action, because the nullity of litigation procedures for lack of capacPleadings — Part Two · Source page ٢٥٢
  21. Principle 1368The scope of the proceedings in terms of their parties is for the plaintiff to determine unless the law obliges him to join specified persons.Pleadings — Part Two · Source page ٢٥٢
  22. Principle 1369Litigation can only arise between sandy tracts; otherwise, it is nonexistent, produces no effect, and cannot be rectified by a subsequent procedure. - A judgment rendered against a person whose death before the institutiPleadings — Part Two · Source page ٢٥٢
  23. Principle 1370A new claim on appeal. Its nature. - The claim relied upon in the action is the express, unequivocal claim.Pleadings — Part Two · Source page ٢٥٢
  24. Principle 1371Ascertaining the true relationship between the parties to the action, assessing its evidence, accepting what is found reliable and rejecting the rest, and adopting the expert’s report. Within the authority of the court oPleadings — Part Two · Source page ٢٥٢
  25. Principle 1372Objections by interested persons to the provisional distribution list prepared by the Director of the Enforcement Department. They shall be recorded in the hearing minutes. The grounds of objection may be set out in a dePleadings — Part Two · Source page ٢٥٣
  26. Principle 1373A party joined merely to have the judgment rendered in its presence who contests the requests. Is deemed a substantive party to the action and has the right to appeal in cassation against the judgment rendered therein.Pleadings — Part Two · Source page ٢٥٣
  27. Principle 1374The rule is that a petition for reconsideration of a judgment is permissible if it was issued against a natural or legal person who was not properly represented in the action. The exception. The case of consensual represPleadings — Part Two · Source page ٢٥٣
  28. Principle 1375The legislature's requirement that a non-lawyer agent appearing for a litigant at hearings have a marital relationship or kinship or affinity up to the fourth degree is confined to attendance at hearings. Any person othePleadings — Part Two · Source page ٢٥٣
  29. Principle 1376A person who was not a party to the proceedings before the court of first instance and upon whom it imposed no obligation. His appeal against the judgment. Inadmissible. - 253 - ProcedurePleadings — Part Two · Source page ٢٥٣
  30. Principle 1378Joining a commercial company as a party. Stating its name without its legal representative. Permissible.Pleadings — Part Two · Source page ٢٥٤
  31. Principle 1379The more favorable benefit. Its nature. The Public Institution for Social Security is the entity entrusted with paying that benefit, from the date Social Insurance Law 61 of 1976 came into force, even if the employer hasPleadings — Part Two · Source page ٢٥٤
  32. Principle 1380The binding authority of judgments. Confined to the parties to the litigation, to the exclusion of others, in application of the rule of the relative effect of judgments, which prevents anyone from benefiting from or beiPleadings — Part Two · Source page ٢٥٤
  33. Principle 1382Litigation in an action can exist only between living persons. An action brought against a deceased person is deemed nonexistent, produces no effect, and cannot be cured by any other procedure, even if the plaintiff was Pleadings — Part Two · Source page ٢٥٤
  34. Principle 1383Filiation to a deceased person is established only within an action concerning a right or property. The reason for this. - A judgment against a deceased person, like a judgment against an absent person, is permissible onPleadings — Part Two · Source page ٢٥٤
  35. Principle 1384The judicial demand. Its nature. A procedure directed to the court against the defendant, by which the scope of the action is determined for the parties or the judge, and the court, when determining it, must not depart tPleadings — Part Two · Source page ٢٥٥
  36. Principle 1385Impleading in a challenge. Its condition: that the respondent be a genuine party to the dispute determined by the challenged judgment. Example of a person impleaded with different claims unrelated to the claims directed Pleadings — Part Two · Source page ٢٥٥

  37. - الإدخال في الدعوى

    Principle 1386The general rule is that a procedure interrupting prescription must relate to the right sought to be enforced and be taken between the same parties. If the two rights differ or the parties differ. It produces no effect. Pleadings — Part Two · Source page ٢٥٥
  38. Principle 1387The guarantor's joint and several liability with the debtor. Its effect. The creditor may claim the debt from the guarantor alone. The creditor is not obliged to join the debtor as a party to the action when suing the guPleadings — Part Two · Source page ٢٥٥
  39. Principle 1388The injured party's right to recover full compensation for the harm from any of those responsible for it where they are multiple. The judgment's conclusion that the subordinate's liability for the harm is established, anPleadings — Part Two · Source page ٢٥٦
  40. Principle 1389Joining a third party to the action and granting a request to appoint an expert. A discretionary power conferred on the trial court. When it does not grant this. Example.Pleadings — Part Two · Source page ٢٥٦
  41. Principle 1390Joinder of a third party to the action in the interests of justice or to reveal the truth. A discretionary power of the court. A challenge to its failure to exercise that power is inadmissible.Pleadings — Part Two · Source page ٢٥٦
  42. Principle 1391Invoking for the first time before the Court of Cassation a new ground unrelated to public policy is inadmissible. An example concerning a request to join the principal debtor as a party to the action.Pleadings — Part Two · Source page ٢٥٦
  43. Principle 1392Joinder of the guarantor. Its consequence is that he becomes a party to the original litigation. He may appeal the judgment rendered therein even if the claimant under the guarantee accepts it. The condition thereof. ThePleadings — Part Two · Source page ٢٥٦
  44. Principle 1394The binding effect of judgments is confined to their parties. - A request to join other parties to the action. The condition for its admissibility. The existence of an interest.Pleadings — Part Two · Source page ٢٥٦
  45. Principle 1395Joinder of litigants to the action is not contingent upon permission being issued by the court. The basis for this.Pleadings — Part Two · Source page ٢٥٦
  46. Principle 1396Joining a person to the action. Its conditions. The possibility of making him a party at its commencement and the existence of a connection between the claim - 256 - Procedures directed against him and the original claimPleadings — Part Two · Source page ٢٥٦
  47. Principle 1397Joining the administrative authority for the first time before the Court of Appeal. Permissible. Reason therefor. Example: joining the Public Housing Authority to provide the information in its possession.Pleadings — Part Two · Source page ٢٥٧
  48. Principle 1398Joinder of parties to an action. A discretionary power of the court. Challenging it for not exercising that power. Inadmissible.Pleadings — Part Two · Source page ٢٥٧
  49. Principle 1399Joinder in an action. Its nature and conditions. - Assessment of the existence of the connection warranting joinder of parties in an action. Within the trial court’s authority.Pleadings — Part Two · Source page
  50. Principle 1400The claimant may define the scope of the litigation as regards its parties unless the law requires him to join specified persons therein.Pleadings — Part Two · Source page
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