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. - انعقاد الخصومة في الدعوى

    Principle 1646Staying an action pending determination of another issue. Subject to the discretion of the court of merits, which may ascertain the degree of seriousness of what arises in that issue and the extent of its connection withPleadings — Part Two · Source page ٣٠٠

  2. - سقوط الخصومة في الدعوى

    Principle 1647Nullity of the challenged judgment for failure to serve the statement of claim validly. The requirement to order remittal to the court of first instance because it has not exhausted its jurisdiction. Its consequence. RemPleadings — Part Two · Source page ٣٠٠
  3. Principle 1649The excuse of absence preventing the hearing of an action pursuant to Article 1663 of the Majalla. Its nature. An example of negation of the excuse.Pleadings — Part Two · Source page ٣٠١
  4. Principle 1650Negation of the excuse of absence. No purpose is served by invoking the insufficiency of the authority of the female appellant's agent to institute the action during the period of absence.Pleadings — Part Two · Source page ٣٠١
  5. Principle 1653Abandonment of an action concerning the property in ownership actions, despite the existence of grounds for it, for 15 years. An excuse barring its hearing. The matter of drawing analogies thereto. Left to the judge.Pleadings — Part Two · Source page ٣٠١
  6. Principle 1654The rule of Islamic Sharia regarding abandonment requiring that an action not be heard. Leaving the property while grounds for the action exist, consisting of another person's usurpation of the property, encroachment upoPleadings — Part Two · Source page ٣٠١
  7. Principle 1655The plea that an action may not be heard owing to the passage of time. Its application to an action concerning a private way in immovable property and in state lands. Article 1662 of the Majalla of Judicial Provisions. -Pleadings — Part Two · Source page ٣٠١
  8. Principle 1656The plea that an action may not be heard due to the passage of time. Its application to debt actions and ownership actions when left unpursued for 16 years while grounds for them exist. Article 1660 of the Majalla of JudPleadings — Part Two · Source page ٣٠٢
  9. Principle 1657Absence as a Sharia-recognized excuse whereby lapse of time is not considered a bar to hearing the action. Absence in distant lands involving a journey duration that prevents the right-holder from bringing his action agaPleadings — Part Two · Source page ٣٠٢
  10. Principle 1658When actions arising from an insurance contract become time-barred. - Limitation of insurance actions relates to the substantive right and is governed, as regards its temporal application, by Article Five of the Civil CoPleadings — Part Two · Source page ٣٠٢
  11. Principle 1659A claim for expropriation compensation. A demand for a personal right. The action concerning it is subject to the rules barring the hearing of actions by passage of time prescribed in the Majalla. Passage of time. BeginsPleadings — Part Two · Source page ٣٠٢
  12. Principle 1660When an action for compensation for an unlawful act is not heard. The knowledge required for the running of the three-year limitation period prescribed in Article 32 of Law No. 6/1961 means actual knowledge. EncompassingPleadings — Part Two · Source page ٣٠٢
  13. Principle 1662The bar to hearing an ownership action pursuant to Article 1660 of the Majalla. The State and individuals may invoke it.Pleadings — Part Two · Source page ٣٠٢
  14. Principle 1663The excuse preventing the running of the period prescribed for barring the hearing of an action through lapse of time. Its nature. - 302 - Civil ProcedurePleadings — Part Two · Source page ٣٠٢
  15. Principle 1664An action for compensation arising from an unlawful act. Its limitation period. What interrupts it. The debtor's acknowledgment of the creditor's right.Pleadings — Part Two · Source page ٣٠٣
  16. Principle 1665An acknowledgment interrupting the bar to hearing an action need not be judicial. It is sufficient that it appear in an instrument written in the acknowledging person's handwriting and bearing his signature, and that it Pleadings — Part Two · Source page ٣٠٣
  17. Principle 1666The meaning of the knowledge from which the limitation period prescribed in Article 32/1 of Law No. 6/61 begins to run (before its repeal).Pleadings — Part Two · Source page ٣٠٣
  18. Principle 1667Abandonment requiring that an action not be heard. It is leaving the property while grounds for the action exist. Those grounds are another person's usurpation of it, encroachment upon it, and denial of the owner's rightPleadings — Part Two · Source page ٣٠٣
  19. Principle 1668Merely leaving the property and neglecting it. Does not prevent the hearing of the action or the lapse of its ownership.Pleadings — Part Two · Source page ٣٠٣
  20. Principle 1669The seller's heirs. Cannot oppose the purchaser's action on the ground of lapse of time. The basis thereof is their obligation to deliver and to warrant against interference.Pleadings — Part Two · Source page ٣٠٣
  21. Principle 1672The knowledge from which the three-year limitation period for an action for liability for an unlawful act begins. It is knowledge encompassing the damage and the identity of the person responsible for it. Knowledge of thPleadings — Part Two · Source page ٣٠٣
  22. Principle 1673An action brought in respect of a right interrupts limitation only in respect of that right and its accessories. An action requesting the automatic dissolution of a contract does not interrupt limitation in respect of a Pleadings — Part Two · Source page ٣٠٤
  23. Principle 1674If the right claimed is recurring, the three-year limitation period stipulated in Article 165 of Commercial Law No. 2/1961. Its effect is confined solely to extinguishing the entitlement due for the period prior to the tPleadings — Part Two · Source page ٣٠٤
  24. Principle 1675Non-hearing of an action because it was brought after one year had elapsed from the termination of the employment contract. An exception to which analogy may not be applied. 96, Law 38/1964. Confined to actions brought bPleadings — Part Two · Source page ٣٠٤
  25. Principle 1676Actions arising from enrichment without cause, recovery of what was paid without being due, or management of another’s affairs without mandate. Their limitation period. Three years from the right-holder’s knowledge. The Pleadings — Part Two · Source page ٣٠٤
  26. Principle 1677The abandonment barring the hearing of an action under the Majalla of Judicial Provisions, Articles 1666, 1667. The excuses stated therein. By way of example. The judge's authority to apply them by analogy. Recourse to tPleadings — Part Two · Source page ٣٠٤
  27. Principle 1678The plea of prescription. It does not concern public policy. Invoking a type of prescription for the first time before the Court of Cassation. A new ground that is inadmissible. Invoking one type of prescription does notPleadings — Part Two · Source page ٣٠٤
  28. Principle 1679A labour action. The period barring its hearing. Article 96 of Law 38/1964. One year from the date of termination of the employment contract. Extinctive limitation subject to suspension, interruption. The impediment suspPleadings — Part Two · Source page ٣٠٥
  29. Principle 1680Lapse of proceedings does not concern public policy but relates to the litigant's interest. The implication thereof. He may waive it expressly or implicitly. The right to invoke it is forfeited by addressing the merits. Pleadings — Part Two · Source page ٣٠٥
  30. Principle 1682A judgment founded on two independent grounds. The sufficiency of one of them to sustain its ruling. Challenging it in respect of the other. Ineffectual. Example concerning the judgment’s response to a plea of lapse.Pleadings — Part Two · Source page ٣٠٥
  31. Principle 1684Lapse of proceedings where one year has elapsed since the last valid procedural step therein. A sanction prescribed against the plaintiff and those in an equivalent position. Conditions for ordering it. What is meant by Pleadings — Part Two · Source page ٣٠٥
  32. Principle 1685Lapse of litigation. A sanction. Imposed on the plaintiff and persons in an equivalent position because of failure to proceed with the action through their act or omission. Applied upon the request of the interested partPleadings — Part Two · Source page ٣٠٥
  33. Principle 1686Failure to proceed with the action. Its meaning. A sanction arising from the stagnation of the action due to the claimant’s failure to pursue it through his act or omission. The existence of a moral or legal impediment tPleadings — Part Two · Source page ٣٠٥
  34. Principle 1687Lapse of proceedings. Its nature. A sanction imposed upon the plaintiff and those in an equivalent position where, through an act or omission, intentionally or negligently, they cause the action not to proceed for one yePleadings — Part Two · Source page ٣٠٦
  35. Principle 1688Lapse of litigation. Its criterion. The plaintiff or appellant having caused, by act or omission, the failure to proceed with the action for one year, whether intentionally or negligently. The basis therefor. Article 95 Pleadings — Part Two · Source page ٣٠٦
  36. Principle 1689Lapse of proceedings. A sanction imposed by the legislature on the claimant if the claimant causes the action not to proceed by an act or omission, whenever the interested party requests application of this sanction. An Pleadings — Part Two · Source page ٣٠٦
  37. Principle 1691A ruling that the proceedings in the action have lapsed or expired by passage of time. Its effect. Extinction of judgments rendered therein ordering the taking of evidence and cancellation of all procedural steps, includPleadings — Part Two · Source page ٣٠٧

  38. - ترك الخصومة في الدعوى

    Principle 1692Bringing a new action through new procedures independent of the proceedings in the previous action. A plea of lapse of proceedings because more than one year has passed since the last valid procedural act therein, directPleadings — Part Two · Source page ٣٠٧
  39. Principle 1693Abandonment of proceedings in the action. Its effect. Their extinction and that of their ensuing effects. The party is deemed never to have been a party to the proceedings in the judgment rendered therein. Contravention Pleadings — Part Two · Source page ٣٠٧
  40. Principle 1694A litigant in respect of whom abandonment of the proceedings was recorded by judgment before the court of first instance and the appeal was ruled inadmissible as regards him. There is no basis for joining him in the appePleadings — Part Two · Source page ٣٠٧
  41. Principle 1695The abandonment requiring that an action not be heard is abandonment of the property while grounds for the action exist. Mere neglect - 307 - Procedure however long it lasts does not preclude hearing the action.Pleadings — Part Two · Source page ٣٠٧
  42. Principle 1697Revocation of discontinuance of proceedings. Its condition. Revocation must occur before the other party accepts the discontinuance or before the judge rules approving it. The judgment’s violation thereof. An error requiPleadings — Part Two · Source page ٣٠٨
  43. Principle 1699The plaintiff may discontinue the proceedings against his opponent. Its nature. The procedure necessary for that. - The appellant’s waiver of his right to appeal in cassation. How this is effected. Its effect. A judgmentPleadings — Part Two · Source page ٣٠٨
  44. Principle 1703The claimant may discontinue the proceedings by notice served on his opponent, by an express statement in a memorandum signed by him or his representative, or by stating this orally at the hearing and recording it in thePleadings — Part Two · Source page ٣٠٨
  45. Principle 1704The discontinuance of proceedings intended by the legislature in Article 9 of Law 41 of 1993 concerning the State's Purchase of Certain Debts applies to the principal debtor and his guarantors. The basis thereof.Pleadings — Part Two · Source page ٣٠٩
  46. Principle 1706The authenticated acknowledgment of the appellant’s indebtedness in his capacity. Its effect. The creation of a new debt entirely severed from the old obligation and purged of all defences as an effect of the transfer ofPleadings — Part Two · Source page ٣٠٩

  47. - انقطاع سير الخصومة

    Principle 1707Discontinuance of proceedings in an appeal in cassation. Permissible by one of the methods specified in Article 99 of the Law of Procedure. Example concerning the appellant’s discontinuance of proceedings in an appeal inPleadings — Part Two · Source page ٣٠٩
  48. Principle 1708Interruption of proceedings. It may be invoked only by the person for whose benefit it was prescribed. The judge may not raise it of his own motion. Nullity of all procedural steps taken during the interruption, includinPleadings — Part Two · Source page ٣٠٩
  49. Principle 1709The nullity of procedures taken during the period of interruption of litigation is relative nullity.Pleadings — Part Two · Source page
  50. Principle 1711Interruption of proceedings owing to a litigant’s death. Its condition. Death occurring after commencement of the proceedings. Death occurring before the appeal petition is deposited with the registry. Its effect. Non-exPleadings — Part Two · Source page
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