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

Search this collection

  1. الطعن في الحكم الصادر في الدعوى

    Principle 2673Commencement of the time limit for challenge. The general rule is that it runs from the date of issuance of the judgment. The exception is from the date of service of the judgment. The excepted cases. These include the cPleadings — Part Two · Source page ٥١١

  2. مسائل متنوعة

    Principle 2674Time limits for challenging judgments run from the date of their issuance. The exception. Judgments whose issuance the judgment debtor was presumed to know of; the time limits run only from the date of their service. - TPleadings — Part Two · Source page ٥١١

  3. - بوجه عام

    Principle 2675The binding effect of a criminal judgment in a civil action. It does not extend beyond matters necessarily determined by the criminal judgment for its ruling concerning the occurrence of the act forming the common basis Pleadings — Part Two · Source page ٥١٢
  4. Principle 2676Arbitration agreement. The arbitrator has no power to rule on its validity or nullity. One of the parties to arbitration invoking the nullity of the agreement. Its necessary consequence is a stay of the proceedings beforPleadings — Part Two · Source page ٥١٣
  5. Principle 2678Third-party opposition. Its nature. Its condition: the opponent must prove fraud, collusion or gross negligence by the person who represented him in the action. Consequence: inadmissibility when brought by someone to whoPleadings — Part Two · Source page ٥١٣
  6. Principle 2679A claim in respect of which no judgment terminating the proceedings before the court is issued. Costs may not be awarded in respect of it. - An action to establish a state of affairs. It ends as soon as the court completPleadings — Part Two · Source page ٥١٤
  7. Principle 2680Judgments rendered during proceedings, of whatever kind, before issuance of the concluding judgment terminating them. A separate challenge thereto is impermissible. The exception. Article 128 of the Code of Procedure. - Pleadings — Part Two · Source page ٥١٤
  8. Principle 2681Proceedings in a cassation appeal. They may only be between those who were parties to the proceedings in which the challenged judgment was rendered. What matters as to the parties is their capacities, not their persons. Pleadings — Part Two · Source page ٥١٤
  9. Principle 2682Appeal proceedings. They are considered independent of the proceedings before the court of first instance with respect to their institution and conduct. The effect: cessation of the capacity of a representative of one ofPleadings — Part Two · Source page ٥١٤
  10. Principle 2683Discontinuance of proceedings does not apply to actions whose subject matter concerns public order. Example thereof. Charitable bequests. Reason therefor. They involve an act of benevolence, so their fate is not tied to Pleadings — Part Two · Source page ٥١٥
  11. Principle 2684Invalidity of proceedings due to a party's lack of capacity or improper representation in the action. It does not concern public policy. The implication thereof: the court does not address it of its own motion, and raisiPleadings — Part Two · Source page ٥١٥
  12. Principle 2685The parties to an appeal in cassation. Their restriction to those who were parties to the dispute determined by the challenged judgment and in whose favour or against whom judgment was rendered.Pleadings — Part Two · Source page ٥١٥
  13. Principle 2686A judgment awarding the sale. Is not considered a judgment but rather a record drawn up by the sales judge completing the procedures and particulars required by law. Its taking place in a court session and under judicialPleadings — Part Two · Source page ٥١٥
  14. Principle 2687The agency of the vessel's maritime agent. Proof thereof in accordance with the general rules is sufficient for those having an interest in the cargo to have the right to implead him as the carrier's representative and tPleadings — Part Two · Source page ٥١٦
  15. Principle 2689Litigation is not affected by a change in the representative of a legal person. Basis thereof: the intended party to the litigation is the legal person itself, not its representative. Rationale: a change in the capacity Pleadings — Part Two · Source page ٥١٦
  16. Principle 2690Joining a party to a challenge. Its condition. Joining a person who was joined so that judgment would be issued in his presence, against whom nothing was adjudged, who adopted a passive position in the proceedings and rePleadings — Part Two · Source page ٥١٦
  17. Principle 2691Joining the subordinate with the superior in an action for compensation, issuance of a judgment against both for compensation, and its acquisition of the force of res judicata. Its effect. That judgment becomes binding aPleadings — Part Two · Source page ٥١٦
  18. Principle 2692An appeal in cassation. It may be directed only against a person who was a party to the proceedings before the court that rendered the challenged judgment. Joinder as a respondent of a person whose application to intervePleadings — Part Two · Source page ٥١٦
  19. Principle 2694Recusal proceedings are genuine proceedings between the applicant for recusal and the judge whose recusal is sought. A ruling rejecting the recusal application or declaring it inadmissible. Its effect. An award of costs Pleadings — Part Two · Source page ٥١٧
  20. Principle 2697The court of merits' ruling using the phrase “and rejected all other claims.” Its import. - A litigant may join whomever the litigant considers should be joined in the proceedings without permission or a request from thePleadings — Part Two · Source page ٥١٨
  21. Principle 2698Joinder as a respondent in an appeal. It is insufficient that the person joined was a party to the proceedings in which the challenged judgment was rendered. He must have an interest in defending that judgment.Pleadings — Part Two · Source page ٥١٨
  22. Principle 2699The binding authority of judgments. Confined to the parties to the proceedings therein and does not extend beyond them to outsiders. Basis and implication thereof. Example.Pleadings — Part Two · Source page ٥١٨
  23. Principle 2700Litigation can arise only between living persons. A party's death before the action is brought. Effect. Non-existence of the litigation, extending to the remaining parties joined in an indivisible dispute. The challengedPleadings — Part Two · Source page ٥١٨
  24. Principle 2701The plaintiff and the appellant may discontinue the proceedings by one of the methods stated in Article 99 of the Civil Procedure Law. - A ruling on discontinuance before the court of first instance is conditional upon tPleadings — Part Two · Source page ٥١٨
  25. Principle 2702The plea of lack of subject-matter jurisdiction is a matter relating to public order. It is deemed to exist in the proceedings and to be before the court even if not pleaded before it, and the court rules on it of its owPleadings — Part Two · Source page ٥١٩
  26. Principle 2703It is not sufficient for a person joined in a challenge to have been a party to the proceedings in which the judgment was issued. He must have been a genuine adversarial party therein. An example concerning a party who aPleadings — Part Two · Source page ٥١٩
  27. Principle 2704The plaintiff is free to determine the scope of the proceedings in terms of their parties unless the law requires particular persons to be made parties to the action. - A litigant may join in the action anyone who could Pleadings — Part Two · Source page ٥١٩
  28. Principle 2705A judgment terminating proceedings that is not based on the dispute between the litigants having been resolved. It does not preclude examining and adjudicating the dispute by a conclusive judgment through which the courtPleadings — Part Two · Source page ٥١٩
  29. Principle 2706The scope of the action is determined by the judicial demand, whether original or incidental. The obligation of the parties, the judge and the court not to go beyond it when determining the action. - 519 - Civil ProcedurPleadings — Part Two · Source page ٥١٩
  30. Principle 2708Deficiency in the judgment's factual grounds or a gross error in the parties' names and capacities. Results in nullity of the judgment. A mere clerical error. Does not entail nullity. Example.Pleadings — Part Two · Source page ٥٢٠
  31. Principle 2710Judgments rendered during proceedings before the concluding judgment terminating them. A separate challenge thereto is impermissible. The exception. Interim and urgent judgments, judgments staying the action, and judgmenPleadings — Part Two · Source page ٥٢٠
  32. Principle 2711Acts which must state that they are issued in the name of His Highness the Emir of the State. They are judgments or acts connected with judicial proceedings that are deemed equivalent to judgments. A travel-ban order is Pleadings — Part Two · Source page ٥٢١
  33. Principle 2712Identifying the adversarial party. Its criterion: directing claims against him in the action, whether original or incidental. Failure to satisfy this. Its effect. The person is not an adversarial party in the proper sensPleadings — Part Two · Source page ٥٢١
  34. Principle 2713Service through the Public Prosecution. Its cases. Condition for its validity. The party requesting service must conduct the sufficient and precise inquiries required of every diligent, good-faith inquirer and necessitatPleadings — Part Two · Source page ٥٢١
  35. Principle 2715Discontinuance of proceedings. It has no connection with the substance of the right forming the subject matter of the action. It is confined to relinquishing the procedural steps in the proceedings. Consequence: the procPleadings — Part Two · Source page ٥٢٢
  36. Principle 2717Nullity resulting from interruption of the proceedings. Relative nullity. The death of a litigant during the hearing of the action and failure to make that litigant's heirs parties thereto. Effect thereof. No person othePleadings — Part Two · Source page ٥٢٢
  37. Principle 2718Settlement. Its nature. It resolves the disputes it covers between its parties and imposes on each party an obligation toward the other not to renew the dispute over what has been settled. - Security for a cassation appePleadings — Part Two · Source page ٥٢٢
  38. Principle 2719A cassation appeal directed against a judgment that has been quashed. Its effect. It is directed against no subsisting subject matter, requiring termination of the proceedings therein. Example.Pleadings — Part Two · Source page ٥٢٢
  39. Principle 2720Cassation of a judgment in its entirety. Effect: its elimination, erasure of its res judicata effect, and lapse of the rights it established or created, so that after cassation the litigation and the parties return to thPleadings — Part Two · Source page ٥٢٢
  40. Principle 2721Cassation of the challenged judgment. Its effect: its elimination, the erasure of its binding force, and the lapse of the rights it declared or created. Its implication. The proceedings and the parties return to their poPleadings — Part Two · Source page ٥٢٢
  41. Principle 2722Joinder as a respondent to a challenge. It is insufficient for the person joined to have been a party to the proceedings before the court that rendered the judgment. He must be a genuine adversary, namely a person againsPleadings — Part Two · Source page ٥٢٣
  42. Principle 2723Provisions governing interruption of proceedings. Their non-application to a cassation appeal. The condition therefor. That the cause of interruption arise after the appeal has become ready for judgment. It is deemed so Pleadings — Part Two · Source page
  43. Principle 2724The successful party's relinquishment of the judgment issued in his favour. Its effect. Relinquishment of the right established by it. The claim to that right may not be renewed, and the relinquished judgment has no res Pleadings — Part Two · Source page
  44. Principle 2725The existence of proceedings, which began with the filing of the statement of claim with the court registry. It remains contingent upon valid service thereof. Failure to perform this procedure up to the rendering of judgPleadings — Part Two · Source page
  45. Principle 2726Commencement of the period for extinction of proceedings during a stay pending determination of a preliminary issue. It is subject to the same rules governing commencement of the period for lapse of proceedings. Grounds Pleadings — Part Two · Source page
  46. Principle 2727Abandonment of appeal proceedings. The appellant may do so by stating it orally at the hearing and having it recorded in its minutes. - A request to abandon proceedings after expiry of the appeal period. It must be grantPleadings — Part Two · Source page
  47. Principle 2729Joinder in an appeal in cassation. Its condition. A person against whom no claims were directed, against whom nothing was adjudged, and who adopted a passive position in the proceedings. Inadmissibility of joining him.Pleadings — Part Two · Source page
  48. Principle 2731The criterion for the existence of an undisclosed partnership agreement. The partners must intend to participate in an activity involving risk, and each partner must share in profit and loss. Management of that partnershPleadings — Part Two · Source page
  49. Principle 2735Constitution of proceedings. Condition for its validity. They must emanate from a litigant or be directed against a litigant possessing capacity to be a party and to litigate, whether upon their commencement or upon appePleadings — Part Two · Source page
  50. Principle 2737The claimant is free to determine the scope of the litigation as regards its parties. Condition: the law must not have required particular persons to be joined in the action. - Treating an heir as a litigant on behalf ofPleadings — Part Two · Source page
PreviousPage 48 of 76Next