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. - الإدخال في الدعوى

    Principle 1401The court of merits at both levels may order the joinder of anyone it considers should be joined to the action. Its cases and rationale.Pleadings — Part Two · Source page ٢٥٧
  2. Principle 1403The plaintiff or defendant may join to the action anyone who could properly have been made a party when it was brought. The manner thereof.Pleadings — Part Two · Source page ٢٥٧
  3. Principle 1404The decisive oath. May be tendered only to a genuine party. - A party joined by the court in the interests of justice or to reveal the truth. Is not a genuine party. Tendering the decisive oath to him. Impermissible. ThePleadings — Part Two · Source page ٢٥٧
  4. Principle 1405A party joined to the action pursuant to a court order, against whom no claim was directed by any of the parties, who adopted a passive position in the proceedings, and to whom the ground of challenge does not relate. ImPleadings — Part Two · Source page ٢٥٨
  5. Principle 1409The plaintiff and the defendant may join in the action anyone who could properly have been made a party when it was brought, through the ordinary procedures for bringing an action or at the hearing if the person sought tPleadings — Part Two · Source page ٢٥٨
  6. Principle 1410Joinder of a person who could properly have been made a party to the action when it was brought. Does not depend upon permission being issued by the court of merits. Article 86, Civil Procedure.Pleadings — Part Two · Source page ٢٥٨
  7. Principle 1411Submitting the statement commencing the action or the application to the court. Is the event giving rise to the right to collect court fees. - The claimant's obligation to pay the fees due on the action he brings or the Pleadings — Part Two · Source page ٢٥٨
  8. Principle 1412The court's failure to exercise a discretionary power vested in it. A challenge thereto. Inadmissible. An example concerning joinder in an action.Pleadings — Part Two · Source page ٢٥٩
  9. Principle 1413A judgment. The condition for its validity. The existence of a dispute brought before the court through judicial proceedings between 2 parties. Its criterion. The existence of a dispute between 2 parties concerning a rigPleadings — Part Two · Source page ٢٥٩
  10. Principle 1414A person who was not personally a party to the litigation and against whom the judgment is binding may resist its invocation against him. The condition thereof. Proof of fraud, collusion, or gross negligence by his reprePleadings — Part Two · Source page ٢٥٩
  11. Principle 1415A litigant may join anyone who could validly have been made a party to the action when it was instituted, and may join a guarantor therein. The implication thereof. The claimant under the guarantee may request judgment iPleadings — Part Two · Source page ٢٥٩
  12. Principle 1416The litigants may join in the appeal anyone who was a party before the court of first instance but was not made a party to the appeal, whenever they have an interest in joining that person. The basis thereof: there is noPleadings — Part Two · Source page ٢٥٩
  13. Principle 1417Arbitral tribunals are subject to the provisions of Law No. 11 of 1995 concerning Judicial Arbitration. The basis therefor. Their subjection to the provisions of the Civil and Commercial Procedure Law insofar as they do Pleadings — Part Two · Source page ٢٦٠
  14. Principle 1418Joinder of a third party in the action. Subject to the discretion of the court of merits. The condition for this. - Joinder of a party in the action. Does not depend upon permission being issued by the court of merits.Pleadings — Part Two · Source page ٢٦٠

  15. - التدخل في الدعوى

    Principle 1420The mandatory intervention of the Public Prosecution in the matters listed in Article 338 of Law 51 of 1984 concerning Personal Status, including actions concerning persons lacking capacity, persons with diminished capacPleadings — Part Two · Source page ٢٦٠
  16. Principle 1421Permissibility of attachment of a worker's wage or assignment thereof within the limit of 25%. Its implication. Permissibility of the worker's assignment - 260 - Procedure of it within these limits. The assignee may intePleadings — Part Two · Source page ٢٦٠
  17. Principle 1422Intervention by the Public Prosecution in certain personal status cases affecting public policy, including a parentage action. Mandatory intervention prescribed by a rule relating to public policy. Its failure to intervePleadings — Part Two · Source page ٢٦١
  18. Principle 1423The provision in Personal Status Law 51/1984 requiring the intervention of the Public Prosecution in matters relating to public policy, including lineage actions, not correction of names. A procedural rule applicable to Pleadings — Part Two · Source page ٢٦١
  19. Principle 1424Intervention in an action. Its means. The ordinary procedures for instituting an action before the hearing date, or an application made orally at the hearing in the presence of the litigants and recorded in its minutes. Pleadings — Part Two · Source page ٢٦١
  20. Principle 1425The mandatory intervention of the Public Prosecution in certain personal status cases affecting public policy. What is meant by public policy in this regard. Matters falling outside that scope. It does not intervene therPleadings — Part Two · Source page ٢٦١
  21. Principle 1426The deceased's inheritance being confined to his lawful heirs in respect of parents, children, or agnatic heirs. Its condition. Verification that their lineage to the deceased is established. - Actions in which a disputePleadings — Part Two · Source page ٢٦١
  22. Principle 1428Name-correction actions which the Personal Status Chamber has jurisdiction to hear and in which the Public Prosecution intervenes. What is meant thereby: an action brought in the event of a dispute over lineage.Pleadings — Part Two · Source page ٢٦٢
  23. Principle 1429Intervention in the action pursuant to Article 11 of Law No. 41 of 1993 concerning the State's Purchase of Certain Debts and the Manner of Their Collection is not permissible for the first time before the Court of CassatPleadings — Part Two · Source page ٢٦٢
  24. Principle 1430Supporting intervention. Its scope. Confined to supporting the requests of the person whom the intervener wishes to join. The court’s admission of this intervention. Its consequence. The judgment’s adherence to this viewPleadings — Part Two · Source page ٢٦٢
  25. Principle 1431Intervention by the Public Prosecution in certain personal status cases. Mandatory. Enumerated exhaustively. Article 338 of Law 51 of 1984, including cases concerning persons lacking capacity and persons with diminished Pleadings — Part Two · Source page ٢٦٢
  26. Principle 1432Third-party opposition is not a method of challenging judgments. Its true nature. Intervention in proceedings after judgment has been delivered therein by a person whom the legislature has empowered to do so. Conditions Pleadings — Part Two · Source page ٢٦٢
  27. Principle 1434Actions concerning filiation and correction of names. The Public Prosecution must intervene therein. The reason therefor and its connection with public policy. Articles 337 and 338 of Personal Status Law 51 of 1984. OmisPleadings — Part Two · Source page ٢٦٣
  28. Principle 1435The bank managing the purchased indebtedness is the statutory representative of the State in calculating debtors’ balances and reviewing them to verify their accuracy, and in taking all legal measures against them if thePleadings — Part Two · Source page ٢٦٣
  29. Principle 1436Intervention by the Public Prosecution in matters considered to concern public policy, including lineage and correction of names. Mandatory. Omission of this. Its effect. Absolute nullity. The basis and rationale for thiPleadings — Part Two · Source page ٢٦٤
  30. Principle 1438Mandatory intervention of the Public Prosecution in cases concerning persons lacking capacity, persons with diminished capacity, absentees, and missing persons. This concerns public policy. Custody actions. Its interventPleadings — Part Two · Source page ٢٦٤
  31. Principle 1439Intervention asserting an independent claim. Its nature. The application for intervention must be determined before the merits of the original action are determined. The reason therefor. It goes to the heart of the actioPleadings — Part Two · Source page ٢٦٤
  32. Principle 1442Intervention by the Public Prosecution in the action pursuant to Articles 337 and 338/f of the Personal Status Law. Its condition. The action must concern personal status and its determination must require application ofPleadings — Part Two · Source page ٢٦٥
  33. Principle 1444Supporting intervention. Its scope. Intervention on appeal is permissible for a person seeking to join one of the litigants in support of that litigant’s claims.Pleadings — Part Two · Source page ٢٦٥

  34. - التدخل الهجومي

    Principle 1445The judge's ratification of a settlement agreement does not constitute adjudication of a dispute. The judge's function is confined to recording the agreement reached before him. Its effect. A judgment declaring inadmissiPleadings — Part Two · Source page ٢٦٥

  35. ثالثاً: بيانات الصحيفة

    Principle 1447The purpose of stating in the originating pleading the particulars of the name, surname, profession or occupation, and residence of the person requesting service. The sanction for omitting them where the pleading lacks aPleadings — Part Two · Source page ٢٦٥
  36. Principle 1448Nullity of the statement of claim for omission of an essential particular. Relative; no one other than the person for whose benefit it was prescribed may invoke it, even if the subject matter of the action is indivisiblePleadings — Part Two · Source page ٢٦٦
  37. Principle 1449Form in a procedural act is a means of achieving an objective. Achievement of the objective despite the absence of form. No nullity, even if it was predicated upon it.Pleadings — Part Two · Source page ٢٦٦
  38. Principle 1450A legal person. What is necessary for its creation and what suffices to identify it in the statement of claim. - Achievement of the purpose of the void procedure through confrontation between the parties. Its effect. ExaPleadings — Part Two · Source page ٢٦٦
  39. Principle 1452A cooperative society. Its enjoyment of legal personality independent of that of its members. Stating its distinctive name without the name of its legal representative when suing it or joining it as a party. Its sufficiePleadings — Part Two · Source page ٢٦٦
  40. Principle 1453Commercial companies enjoy legal personality independent of that of their partners. Stating the company’s distinctive name suffices for an action to be brought by or against it, without the need to state the name of its Pleadings — Part Two · Source page ٢٦٦
  41. Principle 1454Statements of claim and appeal petitions whose value exceeds five thousand dinars must be signed by a lawyer admitted before the court with which they are filed. Failure to do so. Its effect: nullity of these statements Pleadings — Part Two · Source page ٢٦٦
  42. Principle 1455Provisions of laws. Their application to what occurs from the date they come into force. The effect of a new law may not extend to procedures undertaken or situations established before it came into force. - 266 - Civil Pleadings — Part Two · Source page ٢٦٦
  43. Principle 1456The requirement that a lawyer admitted before the court sign the statement of claim in an action exceeding five thousand dinars in value, the notice of challenge, and the petition for reconsideration. Breach thereof entaPleadings — Part Two · Source page ٢٦٧
  44. Principle 1457The statement of claim producing its effect. Its condition. It must include, among its particulars, the defendant’s full name and profession or occupation.Pleadings — Part Two · Source page ٢٦٧

  45. رابعاً: إعلان صحيفة الدعوى وبدء المواجهة بين الخصوم

    Principle 1460Service of documents necessary for the progress of the action. The agent's address is recognized for their service at the level of litigation for which he is appointed.Pleadings — Part Two · Source page ٢٦٨
  46. Principle 1461Confrontation between litigants. How it is achieved. - Incidental claims. They may be submitted orally at the hearing in the presence of the other litigant. - Intervention. Permissible by an application submitted orally Pleadings — Part Two · Source page ٢٦٨
  47. Principle 1462The adversarial principle between litigants before the court. How it is fulfilled. Through service or by enabling the litigant to confront and respond to the claims directed against him. The effect thereof. Absence of prPleadings — Part Two · Source page ٢٦٨
  48. Principle 1463Achievement of the purpose of a void procedural act through the provision of an adversarial opportunity between the litigants. Its effect.Pleadings — Part Two · Source page ٢٦٨
  49. Principle 1464Nullity of the originating statement of claim. Its consequences. Annulment of all subsequent procedures and the effects resulting from its filing, including prescription, and deeming the litigation not to have been constPleadings — Part Two · Source page
  50. Principle 1465Commencement of proceedings. Its criterion. Their constitution by service of the statement of claim. The reason therefor. Fulfilment of the adversarial principle. Fulfilment of the adversarial principle without service. Pleadings — Part Two · Source page
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