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. - بوجه عام

    Principle 2738An objection to a judgment by a person who is not a party to the proceedings. Is not considered a method of challenging the judgment by the party against whom judgment was rendered. It is considered a form of interventioPleadings — Part Two · Source page ٥٢٦
  2. Principle 2739A litigant definitively excluded from the proceedings who was not a party to the challenged judgment. Joining him as a respondent to the challenge is impermissible.Pleadings — Part Two · Source page ٥٢٦
  3. Principle 2740The worker's submission of an application to the Ministry of Social Affairs and Labour. It is the sole basic procedure that the law requires of the worker. - A ruling deeming the action as never having been brought. It ePleadings — Part Two · Source page ٥٢٦
  4. Principle 2742A judgment staying an appeal as a sanction. The obligation to resume its progress within the thirty days following the expiry of the stay period. The reason therefor. Urging the party charged with resumption to pursue thPleadings — Part Two · Source page ٥٢٧
  5. Principle 2743It is not sufficient for a person made a respondent to an appeal to have been a party to the proceedings in which the challenged judgment was rendered. That person must have an interest in defending the judgment when it Pleadings — Part Two · Source page ٥٢٧
  6. Principle 2744Discontinuance of proceedings in an action. It does not apply to actions whose subject matter concerns public policy, including actions to establish an irrevocable divorce. - Actions to establish an irrevocable divorce aPleadings — Part Two · Source page ٥٢٧
  7. Principle 2745The plaintiff's absence, or his appearance followed by withdrawal leaving the action to be struck out. Does not prevent the court from hearing and deciding the action whenever it considers it ready for determination. ConPleadings — Part Two · Source page ٥٢٧
  8. Principle 2746A ruling staying proceedings pending determination of another issue outside the court's functional or subject-matter jurisdiction: its prerequisite: that issue must be preliminary and necessary to determine the action. TPleadings — Part Two · Source page ٥٢٨
  9. Principle 2747Issuance of a judgment possessing the force of res judicata and establishment that the party against whom it was issued was not properly represented in the proceedings. Its effect. That force does not protect it against Pleadings — Part Two · Source page ٥٢٨
  10. Principle 2751Joining a party to a challenge. Its condition. Joining a person against whom no claims were directed, who adopted a passive position in the proceedings, and against whom nothing was adjudged. Inadmissible.Pleadings — Part Two · Source page ٥٢٩
  11. Principle 2753An application for recusal. Failure to submit it before any plea or defence in the case. Its effect. Forfeiture of the right thereto. The exception. Grounds arising subsequently or the applicant for recusal proving that Pleadings — Part Two · Source page ٥٢٩
  12. Principle 2754Cassation of the challenged judgment. Its effect: its extinction, erasure of its binding authority, and lapse of the rights it established or created. Its implication: restoration of the proceedings and the parties to thPleadings — Part Two · Source page ٥٢٩
  13. Principle 2756Joinder in a challenge. Its condition. The party must have been a party to the proceedings in which the challenged judgment was issued and must have had an interest in defending it when it was issued. Joining a person agPleadings — Part Two · Source page ٥٢٩
  14. Principle 2757Filing the statement of claim. A condition for commencement of proceedings. Their constitution is dependent on its service. Reason therefor. Achieving an adversarial confrontation between the parties. Its implication: acPleadings — Part Two · Source page ٥٣٠

  15. خضوع قواعد الإعلان لقانون القاضي

    Principle 2761Nullity of a judgment resulting from an omission or serious error in the parties' names and capacities. What is meant thereby. An omission or error resulting in uncertainty as to the party or ambiguity in identifying hisPleadings — Part Two · Source page ٥٣٠

  16. الإعلان كشرط لانعقاد الخصومة

    Principle 2762Rules of procedure. Governed by the law of the country in which the action is brought or the procedures are conducted. Rationale. This applies to all disputes, whether domestic or containing a foreign element. - Rules coPleadings — Part Two · Source page ٥٣١
  17. Principle 2763The criterion for service. Actual delivery of its copy to the intended recipient in accordance with the formalities prescribed by law. The implication thereof. No account is taken of the date of submission of the statemePleadings — Part Two · Source page ٥٣١
  18. Principle 2766The original method of bringing an action. Filing its statement of claim with the Registry. Its effect. Commencement of proceedings. The proceedings remain suspended until the adversarial principle is fulfilled by valid Pleadings — Part Two · Source page ٥٣١
  19. Principle 2767Service of the originating pleading. A condition for constitution of the proceedings. Contravention thereof. Its effect. The proceedings cease to exist and the judgment is void, and the court may so rule of its own motioPleadings — Part Two · Source page ٥٣٢
  20. Principle 2769An action is considered brought and productive of the effects of a judicial claim from the date its statement of claim is submitted to the court registry, irrespective of the date of its service. Example concerning the aPleadings — Part Two · Source page ٥٣٢
  21. Principle 2771The ordinary method of bringing an action is filing its statement of claim; constitution of the proceedings, however, requires service of the statement. Confrontation between the litigants at the hearing dispenses with sPleadings — Part Two · Source page ٥٣٢
  22. Principle 2773The worker's submission of an application to the Ministry of Social Affairs and Labour is the sole procedure for bringing a labour action. Referral of the dispute to the court because amicable settlement is impossible: tPleadings — Part Two · Source page ٥٣٢
  23. Principle 2774Assessment of whether to impose the sanction of treating an appeal as if it had not been brought for failure to complete service within its prescribed time. Within the unfettered discretion of the court of merits. ExamplPleadings — Part Two · Source page ٥٣٢
  24. Principle 2775The original method of bringing an action and commencing proceedings is depositing its statement of claim with the Registry Department. - Service of the statement of claim. A necessary procedure for constituting the procPleadings — Part Two · Source page ٥٣٣
  25. Principle 2776The principle of adversarial proceedings between litigants before the court. How it is achieved: through service or by enabling a litigant to confront and respond to the claims directed against him. The effect thereof: aPleadings — Part Two · Source page ٥٣٣
  26. Principle 2777The statement of claim produces its effects upon being filed with the Registry, but service thereof is necessary for the constitution of the proceedings.Pleadings — Part Two · Source page ٥٣٣
  27. Principle 2778Service of the originating pleading. A condition for constitution of the proceedings. Contravention thereof. Its effect. The proceedings cease to exist and the judgment is void, and the court may so rule of its own motioPleadings — Part Two · Source page ٥٣٣
  28. Principle 2780The existence of proceedings, which begins with the filing of the statement of claim with the court registry, remains contingent upon valid service thereof. Rendering judgment despite failure to satisfy this condition. EPleadings — Part Two · Source page ٥٣٤
  29. Principle 2781Proceedings commencing with filing the statement of claim with the registry remain conditional upon its valid service on the defendant. Failure to satisfy this condition until issuance of the first-instance judgment. ItsPleadings — Part Two · Source page ٥٣٤
  30. Principle 2782A grievance against an order assessing judicial fees. Its manner. Either by a declaration at the Registry of the court that issued the judgment within the 8 days following service thereof, if the dispute concerns the amoPleadings — Part Two · Source page ٥٣٤
  31. Principle 2785Invalidity of service of the originating statement of claim and the appeal petition. Relative nullity not concerning public order. Invoking it for the first time before the Court of Cassation. Its prerequisite is a defecPleadings — Part Two · Source page ٥٣٤
  32. Principle 2786The Court of Cassation's ruling setting aside a judgment for its nullity on a ground unrelated to depositing the statement of claim. Its effect. It must remit the action to the court of first instance for determination oPleadings — Part Two · Source page ٥٣٥
  33. Principle 2787Procedures for instituting an action and effecting service thereof. The court must observe them. Their purpose: regulating litigation and ensuring the right of defence. Filing the statement of claim with the registry is Pleadings — Part Two · Source page ٥٣٥
  34. Principle 2788Bringing an action. Accomplished by filing its statement of claim with the Registry. Constitution of the proceedings. It remains conditional upon valid service of the statement of claim on the defendant. Omission of thisPleadings — Part Two · Source page ٥٣٥
  35. Principle 2789Constitution of the proceedings. Its condition. Valid service of the originating pleading on the plaintiff. Invalidity of service. Its effect. Failure to constitute the proceedings and invalidity of any procedure or judgPleadings — Part Two · Source page ٥٣٥
  36. Principle 2791Issuance of a judgment in a party’s absence without serving him with the statement of claim, or serving him at a fictitious domicile. Deprives it of one of its essential elements. The implication thereof: it has no res jPleadings — Part Two · Source page ٥٣٦
  37. Principle 2792Deeming an action or appeal as never having been brought for failure to summon the party to appear within the time limit. This may be ordered upon the request of the defendant or respondent. Condition thereof. The delay Pleadings — Part Two · Source page ٥٣٦
  38. Principle 2794The means by which the interested party applies to the court to remedy what it missed and consider the substantive claim that it inadvertently omitted to determine in its judgment. Merely a notice served upon his opponenPleadings — Part Two · Source page ٥٣٦

  39. الإعلان الذي ينفتح به ميعاد الطعن والتظلم

    Principle 2796Filing the statement of claim. A condition for commencement of proceedings. Their constitution depends on its service. Reason therefor. Achieving confrontation between the litigants. Implication: achieving confrontation Pleadings — Part Two · Source page ٥٣٧
  40. Principle 2798The time limit for bringing an annulment action. The general rule for its commencement where a grievance is lodged against it. From the date on which the person lodging the grievance is notified of the administration's dPleadings — Part Two · Source page ٥٣٧
  41. Principle 2799Commencement of the time limit for appeal. The general rule is from the date the judgment is rendered. The exception is from the date of service of the judgment. Excepted cases. These include the case where the judgment Pleadings — Part Two · Source page ٥٣٧
  42. Principle 2800The decision imposing a fine. It must be notified to the offender by registered letter with acknowledgment of receipt. The person concerned may challenge it before the Court of First Instance within 15 days from notificaPleadings — Part Two · Source page
  43. Principle 2801The time limit for challenging a judgment. The general rule. It runs from the date of its pronouncement. The exception. It does not commence until the date of service of the judgment. The exceptional case. When the judgmPleadings — Part Two · Source page
  44. Principle 2802Service of a writ of attachment of the debtor's assets held by a third party does not constitute service of the judgment opening the avenue for challenging it.Pleadings — Part Two · Source page
  45. Principle 2803Time limits for challenging judgments run from the date of their issuance. The exception. Judgments whose issuance the party against whom judgment was rendered is presumed to know, so they do not run from the date of thePleadings — Part Two · Source page
  46. Principle 2804Failure to notify a litigant that the expert has filed his report and of the date of the hearing fixed for consideration of the action, and his failure to attend that hearing or submit a memorandum of defence. Its effectPleadings — Part Two · Source page
  47. Principle 2805Resumption of an appeal after it has been struck out. Its manner. By one party validly serving the other party with notice of its resumption within ninety days from the date it was struck out. The reason therefor. ArticlPleadings — Part Two · Source page
  48. Principle 2806The thirty-day time limit provided for in Article 137 of the Civil Procedure Law. A time limit for appearance. The consequence thereof. The appearance of the respondent who was summoned after the prescribed time limit doPleadings — Part Two · Source page
  49. Principle 2807The notification period. Its extension to the first working day if its last day falls on an official holiday. Article 17 of the Civil Procedure Law. - The appellant's appearance in person and failure to assert that he waPleadings — Part Two · Source page
  50. Principle 2808Failure to observe the period of notice to appear. Does not entail invalidity of service. The recipient may request completion of the period to prepare a defense. - 539 - Civil Procedure 7- Constitution of proceedings wiPleadings — Part Two · Source page
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