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. تاسعاً: إجراءات نظر الدعوى وإثباتها

    Principle 1589The prohibition on authenticating a settlement record unless both litigants appear before the judge and acknowledge it. Does not prevent the signed settlement record from being regarded as an instrument upon which judgmePleadings — Part Two · Source page ٢٨٩
  2. Principle 1590A litigant’s right to request that he be enabled to prove or disprove his substantive defence. Its implication. The court must grant his request whenever this means is material to the dispute and the case contains insuffPleadings — Part Two · Source page ٢٨٩
  3. Principle 1591A settlement agreement signed by both parties to the litigation and containing the appellant’s acknowledgment of relinquishing the appeal. An express written statement satisfying one of the methods required by law to estPleadings — Part Two · Source page ٢٨٩
  4. Principle 1592Ascertaining and understanding the facts of the action. The court of merits has independent authority over this, provided its ascertainment is based on what is established in the case papers. - A litigant’s silence in rePleadings — Part Two · Source page ٢٨٩
  5. Principle 1593Terms of an insurance contract relating to nullity, forfeiture, or arbitration. The condition for invoking them. Displaying them in a distinctive manner. Example. - 289 - Civil Procedure - Evidence in the action must be Pleadings — Part Two · Source page ٢٨٩
  6. Principle 1594Proof of the action. Incumbent on the plaintiff. His success therein. Its effect. Transfer of the burden of proving the contrary to the defendant. Example.Pleadings — Part Two · Source page ٢٩٠

  7. عاشراً: بطلان صحيفة الدعوى

    Principle 1597The plea of nullity of the statement of claim. A formal plea. Forfeiture of the right to invoke it. Its cases. - 290 - ProcedurePleadings — Part Two · Source page ٢٩٠
  8. Principle 1598The contention that service of the statement of claim is void. Inadmissible. So long as the judgment did not rely on that service in its ruling.Pleadings — Part Two · Source page ٢٩١

  9. - وقف الدعوى

    Principle 1599The harm resulting from the invalidity of a procedure. Its nature. Its cessation upon fulfilment of the purpose of the procedure. Article 19 of the Law of Civil Procedure. - 291 - Civil Procedure — Incidents affecting thPleadings — Part Two · Source page ٢٩١
  10. Principle 1600Staying the action pursuant to Article 143 of the Civil Procedure Law. Its condition. A defense to the action raising a preliminary issue whose determination is necessary for judgment in the action. Example of its absencPleadings — Part Two · Source page ٢٩٢
  11. Principle 1601The court may stay the action if it considers its judgment dependent upon determination of another issue. It may ascertain the degree of seriousness of this preliminary issue and the extent of its connection with the actPleadings — Part Two · Source page ٢٩٢
  12. Principle 1602Staying an action where judgment therein depends upon determination of another issue. Assessment thereof lies within the authority of the court of merits.Pleadings — Part Two · Source page ٢٩٢
  13. Principle 1603Staying the action where the court considers that judgment on its merits should be suspended pending determination of a preliminary issue upon which the judgment depends. Its condition. The preliminary issue must fall ouPleadings — Part Two · Source page ٢٩٢
  14. Principle 1604Staying proceedings if the court considers that judgment therein depends on determination of another issue. Its assessment falls within the authority of the court of merits. Article 90 of the Procedure Law. Example.Pleadings — Part Two · Source page ٢٩٢
  15. Principle 1605Staying an action pending determination of another issue on which judgment on its merits depends. Assessment of seriousness and the extent of the connection between the preliminary issue and the action. A matter for the Pleadings — Part Two · Source page ٢٩٢
  16. Principle 1606Stay of the civil action pending determination of the criminal action. The authority of the court of merits to ascertain the existence or institution of the criminal action. - A challenge alleging forgery. A means of subPleadings — Part Two · Source page ٢٩٣
  17. Principle 1607Staying an action where judgment on its merits depends upon determination of another issue. Assessment of seriousness and of the extent of the preliminary issue’s connection to the action. A matter for the court of meritPleadings — Part Two · Source page ٢٩٣
  18. Principle 1608Assessment of the seriousness or utility of a request to stay the action pending determination of another matter. Within the authority of the court of merits.Pleadings — Part Two · Source page ٢٩٣
  19. Principle 1610The drawer of a cheque and its endorsers are liable to its holder for its amount. - The holder of a cheque has the right of recourse against the drawer and endorsers for its amount. The bankruptcy of one of them upon recPleadings — Part Two · Source page ٢٩٣
  20. Principle 1611Stay of the action pending determination of another issue. Its condition. The preliminary issue necessary for judgment therein falls outside the court’s jurisdiction.Pleadings — Part Two · Source page ٢٩٣
  21. Principle 1612The binding authority of a criminal judgment in a civil action. Its limits. The suspensive effect of criminal proceedings on an action pending before the civil or commercial courts. When it arises. Its rationale.Pleadings — Part Two · Source page ٢٩٣
  22. Principle 1613Staying the action pending determination of another issue. The prerequisite for ordering it. That the issue falls outside the court’s functional or subject-matter jurisdiction, or that the dispute is pending in - 293 - CPleadings — Part Two · Source page ٢٩٣
  23. Principle 1614The plaintiff's failure to resume his action or the appellant's failure to resume his appeal within the prescribed time limit after a stay by agreement. Its sanction. The plaintiff is deemed to have abandoned his action Pleadings — Part Two · Source page ٢٩٤
  24. Principle 1615Limitation of an action for liability for an unlawful act where it arises from a crime for which a criminal action has been brought against its perpetrator. Its running in respect of the injured person. Its suspension thPleadings — Part Two · Source page ٢٩٤
  25. Principle 1617Staying determination of the action pending determination of the plea of unconstitutionality. Its condition. That the plea be serious. Central Bank decisions reducing the contractual interest rate. Challenging them on grPleadings — Part Two · Source page ٢٩٤
  26. Principle 1618The binding force of a criminal judgment in a civil action. Its prerequisite and its suspensive effect upon the civil action whenever the subject matter is common to both actions. - Giving effect to the suspensive effectPleadings — Part Two · Source page ٢٩٤
  27. Principle 1619The binding effect of a judgment rendered in criminal proceedings upon a civil action. Its conditions. - The staying effect of criminal proceedings upon a civil action. Its condition. The subject matter must be common toPleadings — Part Two · Source page ٢٩٥
  28. Principle 1621An action for compensation for publication lapses if not brought within three months from the date of publication, unless circumstances of force majeure prevent its institution. Staying the civil action until final deterPleadings — Part Two · Source page ٢٩٥
  29. Principle 1622The binding force of a criminal judgment in a civil action. Its limits. The suspensive effect of the criminal action on the action pending before the civil courts. When it arises. The reason therefor. - Giving effect to Pleadings — Part Two · Source page ٢٩٥
  30. Principle 1623The plea of unconstitutionality of Article 10 of the Commercial Law. An inadmissible plea. The reason therefor. A prior judgment of the Constitutional Court declaring the challenge to its constitutionality inadmissible fPleadings — Part Two · Source page ٢٩٦
  31. Principle 1624The plaintiff’s failure to take any procedural step. Its implication: the court of merits may stay the action as a sanction for a period not exceeding nine months. His failure to carry it out after the expiry of that perPleadings — Part Two · Source page ٢٩٦
  32. Principle 1625A plea of unconstitutionality of a law, decree-law, or regulation. Its necessary consequence. Staying the hearing of the case. This does not apply to a provision regarding which the Constitutional Court has previously ruPleadings — Part Two · Source page ٢٩٦
  33. Principle 1626Staying the action pending determination of its subject matter. Within the authority of the court of merits. The prerequisite therefor. Assessment of the seriousness of the preliminary issue and the extent of its connectPleadings — Part Two · Source page ٢٩٦
  34. Principle 1627Staying the action pending determination of another matter. Its basis: the preliminary issue necessary for judgment falls outside the court’s jurisdiction.Pleadings — Part Two · Source page ٢٩٦
  35. Principle 1629Granting an application to stay proceedings. Discretionary for the court according to whether it finds the dispute over the preliminary issue outside its jurisdiction to be serious or not serious. Example. Of the lack ofPleadings — Part Two · Source page ٢٩٦
  36. Principle 1630Stay of proceedings pending determination of a preliminary issue. Article 90/1 of the Code of Civil Procedure. The court of merits may ascertain the degree of seriousness of what arises concerning the preliminary issue aPleadings — Part Two · Source page ٢٩٧
  37. Principle 1631The court may impose upon a litigant who fails to deposit documents or to perform any procedural step within the time limit fixed for him a fine of not less than ten dinars. Instead of imposing a fine, it may order a staPleadings — Part Two · Source page ٢٩٧
  38. Principle 1632The plaintiff's failure to take any procedural step within the prescribed time. A stay of the action for a period not exceeding six months may be ordered instead of a fine. Resumption of the action after expiry of the pePleadings — Part Two · Source page ٢٩٧
  39. Principle 1633Staying an action pending determination of another issue upon which judgment depends. Within the power of the court hearing the merits. That issue being necessary to determine the action and outside the court’s functionaPleadings — Part Two · Source page ٢٩٧
  40. Principle 1634A ruling staying the proceedings in the action. Its prerequisite. The preliminary issue upon whose determination the judgment on the subject matter of the action depends must fall outside the court’s functional or subjecPleadings — Part Two · Source page ٢٩٧
  41. Principle 1635Institution of criminal proceedings. Is not effected merely by submitting complaints and reports to the investigating authorities. - The court of merits' stay of the civil action pending determination of the criminal actPleadings — Part Two · Source page ٢٩٨
  42. Principle 1636Procedural laws. Their application to actions not yet decided or procedures not yet completed before their effective date. Exception: provisions amending time limits. Its condition: the time limit began before those provPleadings — Part Two · Source page ٢٩٨
  43. Principle 1638The plaintiff’s or appellant’s failure to take any procedural step within the time limit set for him by the court. Its effect. The court may impose a fine on him or order a stay of the action for a period not exceeding tPleadings — Part Two · Source page ٢٩٨
  44. Principle 1639Extinction of proceedings upon the lapse of three years from the last valid procedural act therein. That period is an extinctive limitation period for the proceedings themselves. This time limit is subject to suspension Pleadings — Part Two · Source page ٢٩٩
  45. Principle 1640The appellant’s complaint that service of the notice of appeal occurred by delivery of its copy to the officer in charge of the police station and before the judgment staying the action. Inadmissible. So long as the stayPleadings — Part Two · Source page ٢٩٩
  46. Principle 1641Proceedings in an action or appeal must be resumed, where a stay has been ordered as a sanction, within thirty days of the expiry of the stay period. The reason therefor: expediting the pursuit of the proceedings withoutPleadings — Part Two · Source page ٢٩٩
  47. Principle 1642A stay of the action pending another determination. Within the authority of the court of merits. Its consequence: the court is not obliged to stay the action pending determination of other actions. - 299 - Civil ProcedurPleadings — Part Two · Source page ٢٩٩
  48. Principle 1643The court may order a stay of the action pending determination of another matter. The condition therefor. An example of a reasonable inference such that there is no need to grant the female appellant's request for a stayPleadings — Part Two · Source page ٣٠٠
  49. Principle 1644Stay of an action or appeal as a sanction. Proceedings in the action must be resumed within the thirty days following the expiry of the stay period. Submission of the statement of renewal to the Registry Department withiPleadings — Part Two · Source page
  50. Principle 1645Quashing the challenged judgment. Necessarily entails removal and erasure of its binding force and the lapse of the rights it determined or established that were the subject of its adjudication. The appellant’s request tPleadings — Part Two · Source page
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