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. تأجيل الدعوى

    Principle 1886The binding effect of a criminal judgment upon a civil action. When it exists. The consequence of this binding effect. A stay of the action pending before the civil or commercial courts until determination of the criminaPleadings — Part Two · Source page ٣٤٢
  2. Principle 1887Adjournment of the hearing of the action after affording its parties an opportunity to present their defence. Within the unfettered discretion of the court of merits.Pleadings — Part Two · Source page ٣٤٢

  3. إغفال الفصل في بعض الطلبات

    Principle 1888Granting a request to adjourn the action if it is complete. The court is not bound to do so, nor is it bound to respond to anything other than a material defence. Example. - 342 - Civil Procedure Omission to adjudicate cPleadings — Part Two · Source page ٣٤٢
  4. Principle 1889Omission to determine a substantive claim. The means of remedying it. Returning to the same court for its determination. The condition for this is that the omission was due to oversight or mistake.Pleadings — Part Two · Source page ٣٤٣
  5. Principle 1890Omission to determine one of the claims requiring recourse to the same court to determine it. And a clerical error in the judgment. The nature of each. The absence of an award of interest in the operative part of the judPleadings — Part Two · Source page ٣٤٣
  6. Principle 1891Returning to the same court for it to address the claims it omitted to determine. Its condition. The omission must concern the final claims.Pleadings — Part Two · Source page ٣٤٣
  7. Principle 1892Complete omission to determine certain claims through oversight or error. Its remedy is recourse to the same court that omitted them, not challenging the judgment. The Court of Appeal's failure to address the claim omittPleadings — Part Two · Source page ٣٤٣
  8. Principle 1893Omission to determine some claims, which permits the interested party to return to the same court for their determination. Its prerequisite is that the omission resulted from inadvertence or error on the court’s part. - Pleadings — Part Two · Source page ٣٤٣
  9. Principle 1894Omission to determine certain claims that permits the interested person to return to the same court for their determination. Its criterion. The omission must be due to inadvertence or mistake. If, however, the judgment iPleadings — Part Two · Source page ٣٤٣
  10. Principle 1895Omission to adjudicate one of the claims is not a valid ground for challenging the judgment. The means of remedying it. Returning to the same court for adjudication of it.Pleadings — Part Two · Source page ٣٤٤
  11. Principle 1896Omission to determine one of the claims. Does not constitute a ground for a cassation appeal. The challenge directed thereto. Has no subject matter. - The means of remedying the omission. Recourse to the same court. ArtiPleadings — Part Two · Source page ٣٤٤
  12. Principle 1897A claim overlooked by the court remains as it stands, pending before it, and the means of adjudicating it is to return to that court so that it may remedy its omission to adjudicate it.Pleadings — Part Two · Source page ٣٤٤
  13. Principle 1898The court's complete omission of certain substantive claims. The remedy for this. - Challenging a judgment by cassation because it omitted a substantive claim. Impermissible. - A judgment's determination of claims may bePleadings — Part Two · Source page ٣٤٤
  14. Principle 1899Inadvertent omission to determine entirely a claim submitted to the court. The means of remedying it: recourse to the same court to determine it. - Challenging the judgment issued by the court of first instance because oPleadings — Part Two · Source page ٣٤٤
  15. Principle 1900A judgment may not be challenged on account of omission to determine one of the substantive claims. Recourse must be had to the court that rendered that judgment to address what it omitted to adjudicate. An example.Pleadings — Part Two · Source page ٣٤٤
  16. Principle 1901The determining factor in identifying the claims before the court is the final claims. Omission to determine one of the claims. What follows therefrom. - An incidental claim. Its requirements. Example. - 344 - Procedure Pleadings — Part Two · Source page ٣٤٤
  17. Principle 1902The court of first instance’s omission to determine a substantive claim. How it is remedied. By returning to the same court for its determination. This concerns public policy. The rationale thereofPleadings — Part Two · Source page ٣٤٥
  18. Principle 1903The court's inadvertent omission of a claim. Its effect. It remains pending before it. The right of the person whose claim was omitted to return to the same court to remedy what it overlooked. When that claim is not befoPleadings — Part Two · Source page ٣٤٥
  19. Principle 1904The court’s omission to adjudicate a substantive claim through oversight or error. It leaves the claim pending before it without adjudication. The judgment’s express or implicit rejection of the claim in its reasons or oPleadings — Part Two · Source page ٣٤٥
  20. Principle 1905A claim overlooked by the court remains as it stood, pending before it, and the means of determining it is recourse to that court so that it may remedy what it failed to determine.Pleadings — Part Two · Source page ٣٤٥
  21. Principle 1906The court of first instance's omission, through oversight, to determine substantive claims. Its judgment may not be challenged on this ground. The means of remedying this. How: returning to it so that it may remedy what Pleadings — Part Two · Source page ٣٤٥
  22. Principle 1907The court of first instance's omission, through error or oversight, to adjudicate one of the claims. It is remedied by returning to the same court for its consideration. The judgment may not be appealed in respect of thaPleadings — Part Two · Source page ٣٤٦
  23. Principle 1908Application of Article 126 of the Civil Procedure Code. Its condition. The court must have entirely omitted to determine a substantive claim, leaving it pending before it without a ruling thereon. Its express or implied Pleadings — Part Two · Source page ٣٤٦
  24. Principle 1909A judgment’s omission to determine one of the claims. Does not constitute a ground for appeal in cassation. It is necessary to return to the same court that issued it to remedy what it failed to determine. Article 126 ofPleadings — Part Two · Source page ٣٤٦
  25. Principle 1910Omission of claims in the action. The means of remedying it. Returning to the same court that rendered the judgment to remedy what it omitted to determine. The necessary consequence thereof. An appeal is admissible only Pleadings — Part Two · Source page ٣٤٦
  26. Principle 1911Application of the provision of Article 126 of the Civil Procedure Law. Its condition: the court’s complete omission, through oversight or error, to adjudicate a substantive claim, leaving the claim pending before it witPleadings — Part Two · Source page ٣٤٦
  27. Principle 1912A claim overlooked by the court. How to remedy it. Recourse to the same court. A cassation appeal on account of this omission is impermissible. The reason therefor. An appeal is admissible only in respect of claims that Pleadings — Part Two · Source page ٣٤٧
  28. Principle 1913A claim that does not constitute a definitive claim upon which the judgment must adjudicate. This does not constitute an omission to be remedied by returning to the same court that decided it. The judgment ruling that anPleadings — Part Two · Source page ٣٤٧
  29. Principle 1914Omission to adjudicate certain substantive claims. How it is remedied. Article 126 of the Civil Procedure Law. - Omission is not a valid ground for challenging the judgment. Example.Pleadings — Part Two · Source page ٣٤٧
  30. Principle 1915The court of first instance's omission, through error or oversight, to adjudicate one of the claims. It is remedied by returning to the same court for consideration of it. The judgment may not be challenged by appeal in Pleadings — Part Two · Source page ٣٤٧

  31. التنازل عن الطلبات

    Principle 1916The court’s omission to adjudicate some claims through error or oversight. Remedying this. The means is to return to the same court to address what it omitted to adjudicate. Article 126 of the Law of Procedure. ChallengiPleadings — Part Two · Source page ٣٤٧
  32. Principle 1918The court’s complete inadvertent omission of some of the claims submitted. The remedy therefor.Pleadings — Part Two · Source page ٣٤٨
  33. Principle 1919The court’s omission to adjudicate some claims, stating its view and giving reasons for it. The means of challenging this.Pleadings — Part Two · Source page ٣٤٨
  34. Principle 1920The judgment’s comprehension of what the statement of claim contained concerning the true nature of the relief sought is not an omission.Pleadings — Part Two · Source page ٣٤٨
  35. Principle 1921Omission to determine one of the claims. It is not a valid ground for challenging the judgment. The means of remedying it. Recourse to the same court to determine it.Pleadings — Part Two · Source page ٣٤٨
  36. Principle 1922Omission to decide certain claims which permits the interested party to return to the same court for their determination. Its criterion. The omission must result from oversight or mistake.Pleadings — Part Two · Source page ٣٤٨
  37. Principle 1923Inadvertent omission to determine some claims. The means of remedying it. Returning to the same court that rendered it the judgment to determine them. However, if it is apparent from the reasons for the judgment or its oPleadings — Part Two · Source page ٣٤٨
  38. Principle 1924Omission to determine one of the claims does not constitute a valid ground for challenging the judgment by cassation. The means of remedying it is to return to the same court that issued the judgment for its determinatioPleadings — Part Two · Source page ٣٤٨
  39. Principle 1925Any interested person may intervene in the action, either in support of a party or by asserting an independent claim. The effect of intervention by an independent claim. The intervener becomes a party to the action. TermPleadings — Part Two · Source page ٣٤٨
  40. Principle 1926Adversarial intervention in an action. Its import. The intervener's request for the quantity in his favor of a right he claims for himself against both parties to the dispute. The connection of this request and its relatPleadings — Part Two · Source page ٣٤٩
  41. Principle 1927Intervention in an action seeking its dismissal on the basis of a right of the intervener which he claims for himself in the subject matter of the dispute. Adversarial intervention.Pleadings — Part Two · Source page ٣٤٩

  42. القضاء بما لم يطلبه الخصوم أو بأكثر مما طلبوه

    Principle 1928Intervention of the Public Prosecution in personal status actions, Articles 338, 340 of Law 51/84. A mandatory procedure concerning public policy, encompassing actions not determined upon the entry into force of Law 51/8Pleadings — Part Two · Source page ٣٤٩
  43. Principle 1930The scope of the action is determined by the judicial claim, whether original or incidental. Consequence thereof. The court, when deciding it, must not go beyond its scope. - The female appellant limiting herself to seekPleadings — Part Two · Source page ٣٤٩
  44. Principle 1931The court must not depart from the scope of the action, its judgment must not exceed the limits of the claims placed before it, and it must adhere to their cause and confine its examination to it. - The litigant’s claimsPleadings — Part Two · Source page ٣٥٠
  45. Principle 1933The plea of inadmissibility of new claims on appeal. Its connection with public policy. The court must rule of its own motion that such a claim is inadmissible. A claim is considered new even if its subject matter has noPleadings — Part Two · Source page ٣٥٠
  46. Principle 1934A petition for reconsideration based on papers whose submission the opposing litigant had prevented before the judgment was rendered. The condition for its admissibility. The paper must be decisive in the action such thaPleadings — Part Two · Source page ٣٥٠
  47. Principle 1935The Court of Cassation is the final destination in the stages of litigation. Its judgment may not be challenged on any ground whatsoever. Exception: the existence, in respect of one of the justices who rendered the judgmPleadings — Part Two · Source page ٣٥١
  48. Principle 1936An appeal in cassation has been assigned special rules and procedures by the legislature, unlike those prescribed before the court of merits. - Proceedings in an appeal in cassation may be only between those who were parPleadings — Part Two · Source page ٣٥١
  49. Principle 1937An objection to a judgment by someone who was not a party to the proceedings is not in reality a challenge to the judgment by the party against whom judgment was rendered, but rather a form of intervention in the proceedPleadings — Part Two · Source page
  50. Principle 1938Whether a judgment is open to challenge. A matter of public policy on which the court rules of its own motion. - Judgments issued during the course of the action before issuance of the judgment terminating the entire proPleadings — Part Two · Source page
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