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. القضاء بما لم يطلبه الخصوم أو بأكثر مما طلبوه

    Principle 1939Judgments issued during the course of proceedings may not be challenged before the judgment terminating them, except for provisional and urgent judgments and judgments staying the action or susceptible to compulsory enfoPleadings — Part Two · Source page ٣٥٢
  2. Principle 1940Appeals by the injured party and the person responsible for the accident against the judgment awarding compensation to the injured party, and the court’s consolidation of the two appeals. Its consequence. The court may aPleadings — Part Two · Source page ٣٥٢

  3. - الدعوى الدستورية

    Principle 1941Grounds relating to public policy. The Public Prosecution and the Court of Cassation may raise them even if they have not previously been invoked before the court of merits or in the appeal petition, whenever the elementPleadings — Part Two · Source page ٣٥٢
  4. Principle 1942A plea that a law, decree-law or regulation is unconstitutional. Its necessary consequence. Staying consideration of the case. This does not apply to that in respect of whose constitutionality the Constitutional Court haPleadings — Part Two · Source page ٣٥٣
  5. Principle 1943A constitutional action. Its condition of admissibility. A direct personal interest. Its prerequisite: that the judgment rendered in the constitutional action be necessary for determining a principal or subsidiary issue Pleadings — Part Two · Source page ٣٥٣
  6. Principle 1944The Constitutional Court has exclusive jurisdiction to interpret constitutional provisions and adjudicate disputes concerning the constitutionality of laws, decree-laws and regulations. Initiating proceedings before thatPleadings — Part Two · Source page ٣٥٣
  7. Principle 1945The Constitutional Court has exclusive jurisdiction to interpret constitutional provisions and adjudicate disputes concerning the constitutionality of laws, decree-laws, and regulations. - The constitutional action. How Pleadings — Part Two · Source page ٣٥٣
  8. Principle 1946The court of merits refers the matter to the Constitutional Court only if determination of the dispute presented depends on determination of the constitutionality of a law, decree-law or regulation, and - 353 - Civil ProPleadings — Part Two · Source page ٣٥٣
  9. Principle 1948Initiating proceedings before the Constitutional Court. How this is done. Challenging a judgment finding that a dispute concerning the constitutionality of a law is not serious. The Appeals Examination Committee of the CPleadings — Part Two · Source page ٣٥٤
  10. Principle 1949Judgments rendered in constitutional actions. Their binding authority is absolute. Their effect extends to everyone and binds all judicial bodies, whether they find the legislative provision unconstitutional or constitutPleadings — Part Two · Source page ٣٥٤
  11. Principle 1950The binding force of judgments issued in constitutional actions. Absolute. Its import: their effects extend to everyone and bind all judicial bodies. The reason therefor: it is an objective action in which the dispute isPleadings — Part Two · Source page ٣٥٥

  12. - الدعوى الإدارية

    Principle 1951Bringing disputes before the Constitutional Court. Its means. Article 4 of Law 14 of 1973 establishing the Constitutional Court. - Courts' rulings that a plea in a dispute concerning the unconstitutionality of laws, decrPleadings — Part Two · Source page ٣٥٥
  13. Principle 1952Claiming in writing from the Social Insurance Institution the entitlements prescribed by the Social Insurance Law and lodging a grievance against its decision. A procedure that must be followed before bringing an action Pleadings — Part Two · Source page ٣٥٥
  14. Principle 1953A request to include a previous period of service. Challenging the decision issued concerning it by the Social Insurance Institution requires lodging a grievance against it before bringing the action.Pleadings — Part Two · Source page ٣٥٦
  15. Principle 1954The time limit for bringing an annulment action. The general rule governing its commencement. - The lapse of sixty days after submission of the grievance without a response from the administration. A rebuttable presumptiPleadings — Part Two · Source page ٣٥٦
  16. Principle 1955An annulment action. Jurisdiction to hear it, the time limit for bringing it, the condition for its admissibility, and its subject matter. A grievance against an administrative decision. The rationale for the grievance.Pleadings — Part Two · Source page ٣٥٦
  17. Principle 1956The grievance against an administrative decision preceding the filing of an annulment action. Its nature.Pleadings — Part Two · Source page ٣٥٦
  18. Principle 1957Challenge seeking annulment of administrative decisions. Its time limit. 60 days. Interruption of the time limit. Lapse of an interval without the administration responding to the grievance. A rebuttable presumption. EffPleadings — Part Two · Source page ٣٥٦
  19. Principle 1958Certain knowledge of the administrative decision from which the time limits for challenging it begin to run. Its nature.Pleadings — Part Two · Source page ٣٥٦
  20. Principle 1959The time limit for bringing an annulment action. Sixty days. When this period is interrupted and a new period begins. A grievance to the authority issuing the decision or to the superior authority. It is not deemed a griPleadings — Part Two · Source page ٣٥٦
  21. Principle 1960Actions for annulment of administrative decisions appointing persons to civil public positions, promoting them, terminating the service of civil servants, or imposing disciplinary sanctions upon them. The condition for tPleadings — Part Two · Source page ٣٥٧
  22. Principle 1961Applications for annulment of administrative decisions are admissible only after a grievance against them has been submitted to the authority that issued them or its superior authority and the prescribed periods for deciPleadings — Part Two · Source page ٣٥٧
  23. Principle 1962The marriage officiant is deemed a public employee. Consequence thereof. The decision terminating his service is an administrative decision. Challenging it by seeking annulment. Within the jurisdiction of the AdministratPleadings — Part Two · Source page ٣٥٧
  24. Principle 1963A request to deem a resignation as if it had never occurred or to declare it invalid. In reality, it is no more than a request for a judgment annulling the decision accepting it. Its subjection to the time limits and forPleadings — Part Two · Source page ٣٥٧
  25. Principle 1964The time limit for challenging administrative decisions by annulment. Sixty days from the date of publication of the decision, notification thereof to the person concerned, or establishment of that person's certain knowlPleadings — Part Two · Source page ٣٥٧
  26. Principle 1965The legislature fixed the time limit for bringing an action for annulment of administrative decisions at sixty days. Its running is interrupted by an administrative grievance. Expiry of that period without a response. ItPleadings — Part Two · Source page ٣٥٧
  27. Principle 1966The Administrative Circuit of the Court of First Instance. Matters within its jurisdiction. Applications for annulment. When they are admissible. An administrative grievance is mandatory. Example. - Efficiency reports foPleadings — Part Two · Source page ٣٥٧
  28. Principle 1967The time limit for bringing the action. Only the first grievance counts for its interruption. Basis thereof. Example.Pleadings — Part Two · Source page ٣٥٨
  29. Principle 1968The time limit for challenging administrative decisions. Sixty days. This period is interrupted by the administrative grievance that must be lodged before bringing an annulment action and awaiting the expiry of the perioPleadings — Part Two · Source page ٣٥٨
  30. Principle 1969Advertising public positions does not create a legal status therein for applicants. The reason for this. Such status arises only by an appointment decision, and refraining from making it is not considered a negative admiPleadings — Part Two · Source page ٣٥٨
  31. Principle 1970The time limit for challenging administrative decisions by annulment. Sixty days. This time limit is interrupted by the administrative grievance, which must be made before the action is brought. Expiry of the time limit Pleadings — Part Two · Source page ٣٥٨
  32. Principle 1972The time limit for challenging administrative decisions by annulment. Sixty days from the date the person concerned is notified of the decision. Interruption of the time limit by an administrative grievance. - RegulatoryPleadings — Part Two · Source page ٣٥٨
  33. Principle 1973The Administrative Circuit's jurisdiction in respect of contracts. Its restriction to administrative contracts. - Administrative contract. Its nature. Lease contracts concluded by administrative bodies with third partiesPleadings — Part Two · Source page ٣٥٩
  34. Principle 1974Effectiveness of an administrative decision. Its condition. Fulfillment of its constituent requirements and elements. - The time limit for challenging an administrative decision by annulment. Its nature. Interruption of Pleadings — Part Two · Source page ٣٥٩
  35. Principle 1975Bringing an action for annulment of administrative decisions. Its time limit. The running of this period is interrupted by the administrative grievance that must be lodged before bringing it. The competent authority’s faPleadings — Part Two · Source page ٣٥٩
  36. Principle 1977The Administrative Circuit of the Court of First Instance. Its jurisdiction to hear the matters specified in the law establishing it. - The Administrative Circuit of the Court of First Instance. The legislature prescribePleadings — Part Two · Source page ٣٦٠
  37. Principle 1978The requirement of an interest in the action. It must exist at the outset and continue to exist until a final judgment is issued in the action. - Examining the conditions for admissibility of the administrative action, tPleadings — Part Two · Source page ٣٦٠

  38. بوجه عام

    Principle 1980Sending the 2 arbitrators to reconcile or separate the spouses. An integral part of Sharia rules on personal status. It relates to substantive rules of evidence. It is not a procedural rule. The import thereof. Article 1Pleadings — Part Two · Source page ٣٦١
  39. Principle 1981The obligation of the two arbitrators to submit a detailed report to the court. This applies to the three arbitrators. What is meant by the detailed report.Pleadings — Part Two · Source page ٣٦١
  40. Principle 1982Divergence of the opinions of the two arbitrators in identifying the causes of discord. Its effect. The court of merits may hear the action under ordinary procedures. Article 132 of Law 51/1984. Example concerning the auPleadings — Part Two · Source page ٣٦١
  41. Principle 1983The court's endeavour to reconcile the spouses before ruling in the wife's action for judicial divorce on grounds of harm. Obligatory upon it. Its relation to public policy. If such reconciliation proves impossible for tPleadings — Part Two · Source page ٣٦١
  42. Principle 1984The Births and Deaths Committee must investigate applications concerning lineage or correction of a name before actions concerning either are brought. Articles 1, 3, 4 of Decree-Law 1 of 1988. - The appellant's request tPleadings — Part Two · Source page ٣٦٢
  43. Principle 1985An action for spousal maintenance for a period preceding the two years ending on the date the action is brought. It shall not be heard unless the maintenance was fixed by mutual agreement. The basis thereof.Pleadings — Part Two · Source page ٣٦٢
  44. Principle 1986Affiliation to a deceased person is like a judgment against an absent person. It is permissible only against a present opposing party. The nature of this opposing party. An action for affiliation to a deceased person. ItPleadings — Part Two · Source page ٣٦٢
  45. Principle 1987Maintenance of relatives. Its entitlement commences from the date the action is brought or agreement concerning it is reached. - The date the action is brought. It is the date of the judicial demand and determines the scPleadings — Part Two · Source page ٣٦٢

  46. دعوى الزوجية

    Principle 1988The Public Prosecution's opinion in personal status actions. The court is not bound to adopt it. - 362 - Civil Procedure 2- Action concerning marriage:-Pleadings — Part Two · Source page ٣٦٢
  47. Principle 1989The plea that the wife’s action may not be heard in the event of denial. Its purpose and the reason for prescribing it. Its connection with public order. The effect thereof. The court may rule upon it of its own motion.Pleadings — Part Two · Source page ٣٦٣
  48. Principle 1990An action asserting marriage shall not be heard in the event of denial. The exception. Marriage established by an official document or by an acknowledgment of marriage in an official document. - Litigants' statements in Pleadings — Part Two · Source page ٣٦٣
  49. Principle 1991An action concerning marriage. The general rule is that it shall not be heard in the event of denial. The exception. Its establishment by an official document or acknowledgment of the marital relationship in official papPleadings — Part Two · Source page
  50. Principle 1992The judge’s obligation to follow what the arbiters propose in an action for divorce on grounds of harm. Its condition. A majority of them must have agreed on one opinion. Example of divergence among the arbiters’ opinionPleadings — Part Two · Source page
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