المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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. تقادم الدعوى وعدم سماعها

    Principle 2614A labour action. Barred from being heard upon the lapse of 1 year from termination of the employment contract. This period is subject to suspension and interruption. - The procedure by which a labour action commences. ItPleadings — Part Two · Source page ٤٩٤
  2. Principle 2615An advocate's right to claim fees from his client in the absence of an instrument recording them. Its extinguishment upon the lapse of five years from the date of completion of the work performed by the advocate. ArticlePleadings — Part Two · Source page ٤٩٤
  3. Principle 2616Fixing compensation for bodily injury by reference to diya. Its condition. - Extinction of a right by limitation. Unknown in Islamic jurisprudence. Its making the passage of time a bar to hearing an action asserting the Pleadings — Part Two · Source page ٤٩٥
  4. Principle 2617An action for compensation for a bone-fracturing wound. It shall not be heard after fifteen years. Compensation due for injuries by equitable judicial assessment. It is barred after three years.Pleadings — Part Two · Source page ٤٩٥
  5. Principle 2618A judicial claim interrupting limitation. Its conditions. An action brought for appointment of an expert does not interrupt limitation. The reason therefor.Pleadings — Part Two · Source page ٤٩٥
  6. Principle 2619Barring the hearing of an action. Its condition. Leaving the property while grounds for an action exist and another person usurps the property, encroaches upon it, and denies its owner's right. Merely leaving and neglectPleadings — Part Two · Source page ٤٩٥
  7. Principle 2620An 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. Basis thereof.Pleadings — Part Two · Source page ٤٩٦
  8. Principle 2621Law 36 of 1964 concerning the regulation of commercial agencies. Its inclusion of the general provisions governing those agencies. Effect thereof. The rule that no unregistered agency shall be recognized and no action coPleadings — Part Two · Source page ٤٩٦
  9. Principle 2623The first-instance judgment being confined to upholding the plea that the action shall not be heard, based on the first respondent's failure to register the distribution contract issued to her by the producing company. TPleadings — Part Two · Source page ٤٩٦
  10. Principle 2624Actions arising from a contract of carriage by sea. They lapse upon the expiry of one year from the date of delivery of the goods or from the date on which delivery should have taken place. The running of the limitation Pleadings — Part Two · Source page ٤٩٦
  11. Principle 2625The impediment suspending the period required to bar the hearing of an action by lapse of time. Its nature. The impediment must not be attributable to the creditor's fault or negligence. Assessment of the existence or abPleadings — Part Two · Source page ٤٩٧
  12. Principle 2626The plea barring the hearing of an action by reason of the passage of time. Substantive. By ruling to uphold it, the court of first instance exhausts its authority to examine the merits. The appeal brought against that jPleadings — Part Two · Source page ٤٩٧
  13. Principle 2627An action for compensation for an unlawful act. Is time-barred upon the lapse of three years from the day the injured party became aware of the damage and the person responsible for it. Example. - 497 - ProcedurePleadings — Part Two · Source page ٤٩٧
  14. Principle 2628The general rule is that whoever receives something to which he is not entitled is obliged to return it. Entitlement. Its meaning. Not the recipient’s entitlement to the thing itself, but entitlement to receive it. The cPleadings — Part Two · Source page ٤٩٨
  15. Principle 2629An unregistered commercial agency. An action concerning it shall not be heard. Law 36 of 1964 regulating commercial agencies. - Contract agency. Its nature: a contract under which a person undertakes, on a continuing basPleadings — Part Two · Source page ٤٩٨
  16. Principle 2632The acknowledgment in the presence of which the passage of time is not taken into account while the Majalla of Judicial Provisions is in force. Its nature. - The barring of the hearing of an action provided for in ArticlPleadings — Part Two · Source page ٤٩٩
  17. Principle 2633Ascertainment of the fact from which limitation begins. For the trial judge. Condition thereof. - Action concerning a recurring periodic right. Period barring its hearing. Five years. The criterion. The obligation must rPleadings — Part Two · Source page ٤٩٩
  18. Principle 2634Laws relating to prescription. Their application, from the time they enter into force, to every uncompleted prescription period. The old law governs the portion of the prescription period that ran under it, in terms of dPleadings — Part Two · Source page ٤٩٩
  19. Principle 2635Extinctive prescription. Does not begin to run until the debt becomes due for payment. Article 445/1 Civil. - Law 78 of 1986 amending Law 18 of 1969 concerning the delimitation of State property outside the planning bounPleadings — Part Two · Source page ٥٠٠
  20. Principle 2636Yield owed by a possessor in bad faith. An action therefor shall not be heard, upon denial, after 15 years. - Yield. Its nature: compensation for usurpation that deprived the owner of real property of its fruits. - The jPleadings — Part Two · Source page ٥٠٠
  21. Principle 2637A labour action. Prescribed upon the lapse of 1 year from termination of the contract. Article 96/1 of Law No. 38 of 1964. - The prescribed period barring the hearing of the action is interrupted by a judicial demand, evPleadings — Part Two · Source page ٥٠٠
  22. Principle 2638An incident of negligent injury may occur as a result of two faults committed by two different persons. Necessary implication. Each must have committed an unlawful act distinct in its elements from the act committed by tPleadings — Part Two · Source page ٥٠١
  23. Principle 2639Limitation of an unjust enrichment action. What determines its commencement is the injured party's actual knowledge of his right to compensation. This is not established until the date of issuance of the final judgment oPleadings — Part Two · Source page ٥٠١
  24. Principle 2640Law 36 of 1964 regulating commercial agencies. Its inclusion of the general provisions governing those agencies. Its effect. Application of the rule that no unregistered agency is recognised and no action concerning it iPleadings — Part Two · Source page ٥٠١
  25. Principle 2641Liability for an unlawful act constituting a crime. The civil action for compensation is not time-barred unless the criminal action is time-barred. The injured party's choice of the civil route to claim compensation for Pleadings — Part Two · Source page ٥٠٢
  26. Principle 2642An action arising from a marine insurance contract. It is time-barred upon expiry of 2 years from the date the third party brings an action against the insured, or from the day the third party receives compensation from Pleadings — Part Two · Source page ٥٠٢
  27. Principle 2644An action to recover what was paid without legal entitlement. It is time-barred upon the expiry of 3 years from the day the plaintiff knows in recovery or upon the expiry of 15 years from the day that right arises, whichPleadings — Part Two · Source page ٥٠٢
  28. Principle 2645An action arising from an insurance contract is time-barred upon the lapse of three years from the occurrence of the event giving rise to these actions, unless the law provides otherwise. Exception: the insured's action Pleadings — Part Two · Source page ٥٠٢
  29. Principle 2646Limitation as a ground for extinguishing personal rights where a period has elapsed without their satisfaction. Its adoption by the legislature. Its reasons. Respect for settled situations or acceptance of a presumption Pleadings — Part Two · Source page ٥٠٣

  30. الارتباط بين الدعاوى

    Principle 2648Existence of a connection between actions. Its criterion and conditions. - Assessing the existence of a connection between actions. Within the authority of the court of the merits where it bases its judgment on sound andPleadings — Part Two · Source page ٥٠٤
  31. Principle 2649Consolidation of actions on grounds of connection. Its condition. - Assessment of the existence of a connection between actions. Within the authority of the trial court, provided it is reasonable.Pleadings — Part Two · Source page ٥٠٤
  32. Principle 2650Suretyship. Its nature. The independence of the suretyship contract from the original debt contract in its parties and subject matter. The effect thereof. The arbitration clause contained in the latter contract does not Pleadings — Part Two · Source page ٥٠٤
  33. Principle 2651Stay of proceedings pending determination of a preliminary issue. The power of the court of merits to ascertain the degree of seriousness of what is raised concerning the preliminary issue upon which the judgment in the Pleadings — Part Two · Source page ٥٠٤
  34. Principle 2652Assessing the sufficiency of the evidence, presumptions, and documents submitted in the action, and assessing the connection between two actions justifying their joinder. Within the authority of the court of merits, provPleadings — Part Two · Source page ٥٠٤
  35. Principle 2653The determining factor in establishing the pecuniary jurisdiction of the court of first instance is the value of the original claim in the action. Its implication. Connected claims have no independent valuation. - AssessPleadings — Part Two · Source page ٥٠٤
  36. Principle 2654Joining one action to another for connectedness does not require identity of subject matter, cause or parties. A connection between the two actions making the determination of one affect the disposition of the other is sPleadings — Part Two · Source page ٥٠٥
  37. Principle 2655Incidental claims that alter the scope of the same proceedings and are connected to the original claim. May be made while the proceedings are being heard. The rationale thereof. What counts is the final claimsPleadings — Part Two · Source page ٥٠٥
  38. Principle 2656The ruling of a judgment. Its meaning. Its operative part and the reasons linked to it which, together with it, form an indivisible whole.Pleadings — Part Two · Source page ٥٠٥
  39. Principle 2657Disputes concerning forward shares and debtors referred for declaration of bankruptcy, and related or connected actions concerning the debts of their creditors not registered with the Clearing Company. The legislature asPleadings — Part Two · Source page ٥٠٥
  40. Principle 2658Connectedness between two actions. Its condition. The adjudication of one must be capable of affecting the adjudication of the other such that their separate determination would lead to contradictory judgments. - An actiPleadings — Part Two · Source page ٥٠٥

  41. الادعاء المدني في الدعوى الجزائية

    Principle 2660What the court issues pursuant to its judicial authority is what may be the subject of a challenge. Decisions it issues that do not have the character of judgments. May not be challenged. - The trial court's exclusion ofPleadings — Part Two · Source page ٥٠٦
  42. Principle 2662Assessment of lawyers’ fees. A matter of fact. Its limit: upon the successful party’s request, within the limits of his claims, in light of the actual fees he incurred, and having regard to the subject matter of the actiPleadings — Part Two · Source page
  43. Principle 2663Assessment of the value of the action for court-fee purposes. According to the relief sought by the plaintiff in its statement of claim or the amended claims if their value is greater. - Submission of the statement of clPleadings — Part Two · Source page
  44. Principle 2665Costs of the action. They shall be awarded only against the losing party, namely the party who brought or defended it without right. The court must award them of its own motion when issuing the judgment terminating the pPleadings — Part Two · Source page
  45. Principle 2666Judicial fees. Among the fees due to the State. They are subject to prescription upon the passage of 5 years from the date of issuance of the judgment in the action for which they became due. Article 441, Civil Code.Pleadings — Part Two · Source page
  46. Principle 2668Actual advocates' fees awarded by the court to a party at his request. Part of the costs of the action. An appeal against the judgment awarding them is subject to the same rules as an appeal against the judgment on the mPleadings — Part Two · Source page
  47. Principle 2669Reimbursement of actual lawyers' fees. Compensation for the material damage suffered by the successful party as a result of the expenses incurred in judicially claiming his right from his opponent. Its assessment is a maPleadings — Part Two · Source page
  48. Principle 2670Fraud upon whose discovery the appeal period begins. Its nature. What does not constitute it. Bringing an action before a court lacking jurisdiction and claiming more than is due.Pleadings — Part Two · Source page
  49. Principle 2671A party's discontinuance or change of his original or elected domicile or workplace without notifying his opponent thereof. Permissibility of serving him at the former domicile or workplace and delivering the copy to thePleadings — Part Two · Source page
  50. Principle 2672The susceptibility of a judgment to challenge. The determining factor therein. The law in force at the time of its issuance. The inadmissibility of appealing judgments issued within the final monetary jurisdiction of thePleadings — Part Two · Source page
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