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. - دعوى البطلان

    Principle 2166A challenge to an arbitrator's final award is made by an original nullity action brought through ordinary procedures before the court originally competent to hear the dispute, in specified cases. The nature of these casePleadings — Part Two · Source page ٤٠٠
  2. Principle 2167The general rule concerning judgments is that they may not be challenged by an original action for nullity. - 400 - Procedure - Methods of challenging judgments. Exhaustively specified in accordance with the procedures pPleadings — Part Two · Source page ٤٠٠
  3. Principle 2168Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not included in the statement of appeal, provided their elements were before the court of merits when it adjudiPleadings — Part Two · Source page ٤٠١
  4. Principle 2169Challenging a judgment by an original nullity action. The general rule is that it is impermissible. The reason. The legislature has exhaustively specified the methods of challenging judgments and prescribed specific timePleadings — Part Two · Source page ٤٠١
  5. Principle 2170An arbitral award. The general rule is that it may not be appealed. The exception. Challenging it through an original action for nullity in certain cases exhaustively enumerated by the legislature. What those cases are. Pleadings — Part Two · Source page ٤٠١

  6. - دعوى انعدام الحكم

    Principle 2171The act contravening subscription. Its not being criminally punishable. Its effect. The action for nullity is barred upon the lapse of three years from the date of closure of subscription. The period of forfeiture. What Pleadings — Part Two · Source page ٤٠٢
  7. Principle 2172The criterion for a judgment's nonexistence is its being devoid of one of its original constituent elements. The effect thereof. Disregarding the judgment and not giving effect to it. The reason therefor. Its loss of resPleadings — Part Two · Source page ٤٠٢
  8. Principle 2173A judge’s prior consideration of an action that prevents him from reconsidering it. What is meant thereby. His prior issuance of a dispositive judgment or an incidental judgment on part of it, or his taking a measure thePleadings — Part Two · Source page ٤٠٢

  9. - دعوى بطلان حكم المحكم

    Principle 2174A judgment’s defects warranting its nullity may not be examined except by challenging it through the appropriate avenues of appeal, not by an original action for its nullity. Example. - 402 - Procedure - Action for nulliPleadings — Part Two · Source page ٤٠٢
  10. Principle 2175An arbitral award has res judicata effect and may not be challenged through the procedures prescribed in the Civil Procedure Law. The exception. Bringing a nullity action in specified cases. - The insufficiency that invaPleadings — Part Two · Source page ٤٠٣
  11. Principle 2176Arbitral award. Its nature. - An arbitrator has no authority to determine his fees and expenses unless the parties to the arbitration expressly agree thereto. The reason is that the rule that the judge of the principal mPleadings — Part Two · Source page ٤٠٣
  12. Principle 2177Challenging the court's judgment by an original action for nullity. Permissible in exhaustively specified cases. These cases may not be used as a means of impugning the judgment on the same grounds that constitute groundPleadings — Part Two · Source page ٤٠٣
  13. Principle 2178The nullity action specified in Article 186 of the Civil Procedure Law. Its scope: domestic arbitral awards, not foreign arbitral awards.Pleadings — Part Two · Source page ٤٠٣
  14. Principle 2179The court competent to hear an action for nullity of an arbitrator’s award is the court originally competent to hear the dispute. Consequence thereof. Its ruling that the award is void requires it to address the merits oPleadings — Part Two · Source page ٤٠٣
  15. Principle 2181The arbitrator's obligation to respect the rules prescribed in the chapter on arbitration, respect the general principles of the Civil Procedure Law, and protect the rights of defense. - The permissibility, exceptionallyPleadings — Part Two · Source page ٤٠٤

  16. - دعوى بطلان العرض والإيداع

    Principle 2182A challenge to an arbitrator's award rendered as final is by an independent nullity action brought under ordinary procedures before the court originally competent to hear the dispute in specified cases. The nature of thoPleadings — Part Two · Source page ٤٠٤

  17. - دعوى الرجوع عن العرض والإيداع

    Principle 2183Formal tender of a debt that cannot be delivered to the creditor at his domicile or workplace or can only be transported with difficulty. It is completed by the debtor calling upon his creditor, through a process server,Pleadings — Part Two · Source page ٤٠٤

  18. - دعوى الرجوع

    Principle 2185Lack of entitlement is assessed from the recipient's perspective, not the payer's. - An action for restitution of an undue payment becomes time-barred upon the passage of three years from the day the plaintiff learns of Pleadings — Part Two · Source page ٤٠٥
  19. Principle 2186Transactions concerning company shares concluded on deferred terms. The exclusive jurisdiction of the arbitration panel to adjudicate disputes concerning them and the transactions resulting from them. The guarantor’s recPleadings — Part Two · Source page ٤٠٥
  20. Principle 2187Recourse by a person injured in a motor vehicle accident against the insurer for the compensation to which he is entitled. Its prerequisite. Establishment of the insured's liability for the accident. The reason therefor.Pleadings — Part Two · Source page ٤٠٥
  21. Principle 2188Suing the ship's agent rather than the carrier in actions arising from the contract of carriage by sea. Which render the carried goods defective. An exception. There is no scope for its application in actions for recoursPleadings — Part Two · Source page ٤٠٥
  22. Principle 2189The unloading contractor is a subordinate of the vessel, and the carrier is liable to the consignee for his faults. The consignee may not have contractual recourse against him. - The absolute prohibition on the consigneePleadings — Part Two · Source page ٤٠٥
  23. Principle 2190The sea carrier's obligation to deliver the goods intact requires unloading the goods. Its import. The unloading contractor's intervention is for the carrier's account and under its responsibility. The effect thereof. ThPleadings — Part Two · Source page ٤٠٦
  24. Principle 2191The content of a contract includes its terms and the legal rules applicable thereto. - The insurer's right of recourse against the insured for compensation it has paid in the cases specified in Article 76 of the ExecutivPleadings — Part Two · Source page ٤٠٦
  25. Principle 2192Conditions entailing forfeiture of the insured's right to insurance and conditions permitting the insurer recourse for compensation it has paid. They may not be invoked against the insured unless they are displayed distiPleadings — Part Two · Source page ٤٠٦
  26. Principle 2193The insurer's recourse action against the insured for the latter's breach of the terms of the insurance contract. It is brought against the insured and no other person.Pleadings — Part Two · Source page ٤٠٦

  27. - دعوى رجوع المؤمن

    Principle 2194Recourse by the insurance company against the insured for the amount of compensation it may have paid. Cases thereof: breach of the contractual restrictions specified in the insurance policy or the existence of one of thPleadings — Part Two · Source page ٤٠٦
  28. Principle 2196Calculating the period barring the injured party’s action against the person liable for his unlawful act from the date on which the criminal judgment becomes final. The effect thereof on the insurer’s recourse action agaPleadings — Part Two · Source page ٤٠٧
  29. Principle 2197The insurer’s recourse action against the liable third party for compensation paid to the injured party. Its basis. Statutory subrogation or assignment of rights. - Transfer of the right to the assignee with its attributPleadings — Part Two · Source page ٤٠٧
  30. Principle 2198Payment by the insurer to the insured or the injured party. Its effect. Its subrogation by operation of law to that party's position. It may have recourse against the responsible third party for what it has paid, in respPleadings — Part Two · Source page ٤٠٧
  31. Principle 2199The obligation of the owner of a motor vehicle to insure against civil liability is stipulated for the benefit of third parties. The injured person's right of recourse against the insurer. A direct right derived from thePleadings — Part Two · Source page ٤٠٧
  32. Principle 2200The content of a contract includes its terms and the legal rules applicable to it. - The insurer's right of recourse against the insured for compensation it has paid in the cases specified in Article 76 of the Executive Pleadings — Part Two · Source page ٤٠٨
  33. Principle 2201The insurer's recourse action against the responsible third party. Its basis: subrogation by operation of law or by assignment of a right. - Transfer of the right to the assignee subject to lapse within the same period bPleadings — Part Two · Source page ٤٠٨
  34. Principle 2202The insurer’s recourse action against the insured for compensation paid to the injured party. It is barred upon the lapse of three years from the day the insurer paid the compensation amount. Example.Pleadings — Part Two · Source page ٤٠٨
  35. Principle 2203The insurer's right of recourse against the insured for the amount of compensation it has paid in the cases specified in Article 76 of the Executive Regulations of the Traffic Law is a rule of law, even if the policy conPleadings — Part Two · Source page ٤٠٨
  36. Principle 2204The insurer's recourse action against the responsible third party for the compensation it paid to the injured person. Its basis. The insurer's subrogation to the injured person's rights. Articles 394, 396 of the Civil CoPleadings — Part Two · Source page ٤٠٨
  37. Principle 2205The insurer's recourse action against the insured for the compensation paid to the injured party, based on the insured's breach of the insurance policy conditions and the provisions of the Implementing Regulations. An acPleadings — Part Two · Source page ٤٠٨
  38. Principle 2206The insurer's recourse action against the liable third party for compensation paid to the injured person is not considered an action arising from the insurance contract. The basis on which it rests and the limitation perPleadings — Part Two · Source page ٤٠٩
  39. Principle 2207An insurer’s recourse action against the liable third party for the compensation it paid to the injured party. It is not considered one of the actions arising from the insurance contract and those based on statutory subrPleadings — Part Two · Source page ٤٠٩
  40. Principle 2208The insurer’s recourse action against the third party responsible for the damage for the compensation it paid to the injured party. And against the insured where the conditions agreed upon in the insurance policy are brePleadings — Part Two · Source page ٤٠٩
  41. Principle 2209The insurer’s recourse action for compensation paid to the injured party. It is based on its subrogation to the injured party in recourse against the liable party. Meaning thereof. The right assigned to it is the very riPleadings — Part Two · Source page ٤٠٩
  42. Principle 2210The insurance policy containing reasonable restrictions upon the insured authorizing the insurer to have recourse against him, if he breaches them, to recover any compensation it may have paid. Condition therefor. The mePleadings — Part Two · Source page ٤٠٩
  43. Principle 2211The insurer’s recourse action against the liable person for compensation paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s position. The basis for this subrogation. A statutory provisPleadings — Part Two · Source page ٤٠٩

  44. - دعوى رجوع الكفيل على المدين

    Principle 2212The insurer’s recourse action against the insured for compensation paid to the injured party, based on the insured’s breach of the terms of the insurance policy. It becomes time-barred upon the lapse of three years from Pleadings — Part Two · Source page ٤١٠

  45. - دعوى إبطال العقد

    Principle 2214The insurer’s statutory subrogation to the insured’s rights against the third party responsible for the damage—in insurance against damage—if it pays him the insurance amount. Its condition: the person responsible for thPleadings — Part Two · Source page ٤١٠
  46. Principle 2215An action for nullity is time-barred upon the passage of fifteen years from the date of the contract. Article 186/3, Civil Code. There is no basis for invoking this when nullity is asserted by way of defence. It concernsPleadings — Part Two · Source page ٤١١
  47. Principle 2216The right to annul a contract. Its lapse if its holder does not invoke it within three years from the cessation of its ground, unless the law provides otherwise, and upon the passage of fifteen years from the date of itsPleadings — Part Two · Source page
  48. Principle 2217An arbitrator may be recused for the same reasons as a judge. - Grounds for recusal of an arbitrator. They must have arisen or become apparent after his selection and personal appointment. Consequence thereof. The partiePleadings — Part Two · Source page
  49. Principle 2218The final judgment rendered by the civil courts in a forgery action acquires the force of res judicata. Its effect on the criminal action. The criminal judge has no power to examine the substance of the instrument. The rPleadings — Part Two · Source page
  50. Principle 2220An original forgery action was instituted for anyone who fears that a forged instrument may be invoked against him. Recourse to this action depends on the document alleged to be forged not having been invoked in an actioPleadings — Part Two · Source page
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