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. الإجراءات التي يتبعها القائم بالإعلان

    Principle 2869The process server's compliance with the procedures prescribed in Article 9 of the Civil Procedure Law. A presumption of the addressee's knowledge of service. Its condition. The notification stating that a copy of the stPleadings — Part Two · Source page ٥٥١
  2. Principle 2870The general rule in service of judicial documents is the addressee's certain knowledge through delivery of a copy of the service document to him personally. Exception. Presumed or constructive knowledge suffices in certaPleadings — Part Two · Source page ٥٥١
  3. Principle 2871Service of judicial papers. The general rule is that they come to the certain knowledge of the recipient of service by delivery of its copy to him. The exception. Acceptance of presumed and constructive knowledge in certPleadings — Part Two · Source page ٥٥٢
  4. Principle 2872Procedures the process server must follow if the intended recipient is not found at the workplace in order for service to produce its effects. What they are. - The workplace at which service is recognized. What it is.Pleadings — Part Two · Source page ٥٥٢
  5. Principle 2873Service at the domicile, workplace or elected domicile. Its procedures. Article 9/4 of the Civil Procedure Law. The procedures the process server must follow if he does not find a person to whom a copy of the document ofPleadings — Part Two · Source page ٥٥٢
  6. Principle 2874The process server taking the steps for delivery of the copy to the police station. Its effect. The effects of service ensue. This is not affected by: the person served not collecting the copy from the police station. - Pleadings — Part Two · Source page ٥٥٢

  7. الإعلان لشخص الخصم

    Principle 2877Interruption of proceedings. Its purpose. Avoiding procedural steps being taken without the parties' knowledge. Achievement of that purpose by serving the party in his personal capacity after the capacity of the person rPleadings — Part Two · Source page ٥٥٣
  8. Principle 2878Refusal by the person addressed personally to receive service. Its effect. Service is deemed to produce its effects from the time of that refusal.Pleadings — Part Two · Source page ٥٥٣
  9. Principle 2879The process server's recording that he proceeded to and personally served the appellant with the appeal petition at the address stated therein, and her signature on its original. Serving her at the same address with the Pleadings — Part Two · Source page ٥٥٣
  10. Principle 2880Service of documents. Its manner. Upon the person himself or at his domicile or workplace. Articles 9/1, 13 of the Code of Procedure.Pleadings — Part Two · Source page ٥٥٣
  11. Principle 2882The respondent who was not personally served with the notice of appeal, failed to attend the appeal hearings, and did not submit a memorandum of his defence must be served again. Failure to do so. Its effect: invalidity Pleadings — Part Two · Source page ٥٥٤
  12. Principle 2883The general rule in serving judicial papers is that they come to the knowledge of the recipient of service. The legislature's acceptance of presumed knowledge in certain cases through service at his domicile. ConstructivPleadings — Part Two · Source page ٥٥٤
  13. Principle 2884Time limits for challenging judgments. The rule is that they run from the date of their issuance. The party against whom judgment was rendered failing to attend all hearings scheduled for examining the action and failingPleadings — Part Two · Source page ٥٥٤
  14. Principle 2885The principle governing service of judicial documents is that they come to the recipient's certain knowledge by delivery of the copy to him. The exception. Presumed knowledge suffices in certain cases. How this is achievPleadings — Part Two · Source page ٥٥٤
  15. Principle 2886Service of judicial documents. The rule is certain knowledge thereof by the person served through delivery of the copy to that person himself. Sufficiency of presumed knowledge through service at the domicile and of consPleadings — Part Two · Source page ٥٥٥
  16. Principle 2887The general rule in serving judicial papers is that they come to the certain knowledge of the recipient of service by delivery to him personally. The legislature's acceptance of presumed knowledge or constructive knowledPleadings — Part Two · Source page ٥٥٥
  17. Principle 2888The principle governing service of judicial documents is that they come to the recipient's certain knowledge through delivery of a copy personally to the recipient at the domicile or workplace. Failure to deliver the copPleadings — Part Two · Source page ٥٥٥
  18. Principle 2889Payment orders. Their service is subject to the same provisions prescribed for service of default judgments. - 555 - Civil Procedure - Service of a judgment or payment order from which the time limit for appeal runs. It Pleadings — Part Two · Source page ٥٥٥
  19. Principle 2890The general rule is delivery of a copy of the process to the person to be served himself at his domicile or workplace. Article 9 of the Civil and Commercial Procedure Law. Absence from his domicile of the person to be sePleadings — Part Two · Source page ٥٥٦

  20. الإعلان في الموطن الأصلي أو في مواجهة الإدارة

    Principle 2892The process server's compliance with the rules prescribed by law in the case of service through the administrative authority. Its effect. Non-receipt of service may not be invoked.Pleadings — Part Two · Source page ٥٥٧
  21. Principle 2893Absence of the person to be served from his domicile. To whom the copy of the service document is then delivered. The person effecting service must state in the original service document all the steps he has taken. EstabPleadings — Part Two · Source page ٥٥٧
  22. Principle 2894Merely delivering a copy of the service document to one of the spouses, relatives, or relatives by marriage residing with the person to be served. Does not suffice for valid service at the original domicile. The process Pleadings — Part Two · Source page ٥٥٧
  23. Principle 2895Ascertainment of the habitual residence at which service may validly be effected. Within the authority of the court of merits.Pleadings — Part Two · Source page ٥٥٧
  24. Principle 2896The process server's delivery of the copy to the officer in charge of the police station or his substitute. No requirement to attach - 557 - Civil Procedure the receipt for registration of the letter by post to the origiPleadings — Part Two · Source page ٥٥٧
  25. Principle 2897Delivery of the service copy to the police station within whose district the domicile or workplace of the person served is situated, or to whoever acts in its place. The procedures thereof.Pleadings — Part Two · Source page ٥٥٨
  26. Principle 2898Deeming the action or appeal as never having been brought for failure to summon to appear within the statutory time limit. Conditions for imposing it. Assessment of whether to impose this sanction. Within the trial courtPleadings — Part Two · Source page ٥٥٨
  27. Principle 2899The criterion for valid service of a challenge at an elected address. The party must have designated it as his elected address in the document serving the judgment. - Completion of service. What matters is the actual delPleadings — Part Two · Source page ٥٥٨
  28. Principle 2900Investigation of the place of residence legally regarded as a domicile at which service is valid. A question of fact. Its determination lies with the court of merits. Condition thereof. - 558 - Civil ProcedurePleadings — Part Two · Source page ٥٥٨
  29. Principle 2901Investigation of the habitual residence legally regarded as a domicile valid for service. A matter of fact. The condition therefor. - Judgments must be based on clear, manifest, and sufficient reasons. Failure to do so rPleadings — Part Two · Source page ٥٥٩
  30. Principle 2902Ascertaining the habitual place of residence legally regarded as a domicile at which service may validly be effected. A question of fact determined independently by the trial court. Condition thereof. - The judgment ruliPleadings — Part Two · Source page ٥٥٩
  31. Principle 2904Absence of the person to be served from his domicile. Delivery of a copy of the service document to whoever states that he is his agent, works in his service, or resides with him. The person effecting service must recordPleadings — Part Two · Source page ٥٥٩
  32. Principle 2905Service at the domicile or workplace. Its procedures. - Ascertaining the domicile at which service is valid and verifying or negating the occurrence of service. A matter of fact within the exclusive discretion of the triPleadings — Part Two · Source page ٥٥٩
  33. Principle 2906Delivery of the copy of the service document to the administrative authority. The intended recipient must be notified by registered letter. Recording this on the original service document rather than its copy is sufficiePleadings — Part Two · Source page ٥٦٠
  34. Principle 2908Domicile. It is the place where a person habitually resides. More than one domicile is permissible. Its condition. Continued residence therein in a manner satisfying the conditions of habitual residence, even if interrupPleadings — Part Two · Source page ٥٦٠
  35. Principle 2909Service through the police station. The condition for its validity. Delivery of its copy to the police station. Failure to state the name of the person to whom the service document was delivered at the station. Does not Pleadings — Part Two · Source page ٥٦٠
  36. Principle 2912The copy for service of judicial documents is delivered to the person to be served, or at his domicile, workplace or elected domicile. Impossibility thereof. Its necessary consequence. Delivery to the Public Prosecution Pleadings — Part Two · Source page ٥٦١
  37. Principle 2913Grievance against a payment order. Its time limit begins on the date the debtor is served with it. Article 170 of the Civil Procedure Law. Its implication. The legislature placed payment orders on the same footing as defPleadings — Part Two · Source page ٥٦١

  38. الإعلان في محل العمل

    Principle 2914Delivery of the service copy to the administrative authority. The obligation to notify the recipient of service by registered letter, stating in its original and copy all steps taken to effect service. - Compliance by thPleadings — Part Two · Source page ٥٦٢
  39. Principle 2915An appeal must be served upon the opposing party personally, at his original residence, or at his elected residence. Service of the appeal at the first respondent's workplace is not valid. The reason therefor. Example coPleadings — Part Two · Source page ٥٦٢
  40. Principle 2916Service of the appeal petition at the workplace before Law 55 of 1979 entered into force. Its effect. Nullity.Pleadings — Part Two · Source page ٥٦٢
  41. Principle 2917Service upon the respondent of the petition of challenge at his workplace stated in the document serving the judgment. Valid.Pleadings — Part Two · Source page ٥٦٢
  42. Principle 2918Service on the appellant at the workplace. Under Article 218 of the Civil Procedure Law before its amendment. Its effect. Invalidity of service. The effect of this invalidity in an indivisible subject matter.Pleadings — Part Two · Source page
  43. Principle 2922A party's discontinuance of his domicile or workplace after commencement of the proceedings without notifying his opponent thereof. Service on him at the former domicile or workplace is valid.Pleadings — Part Two · Source page
  44. Principle 2923The workplace at which service is recognised. Its nature: the place where a person conducts a trade or craft or manages his property. For an employee or worker, it is the place where he ordinarily performs his work. An ePleadings — Part Two · Source page
  45. Principle 2924Service at the workplace. Delivery of the copy to one of those responsible for management or employed there. May occur only in the absence of the person to be served. The absence of the person to be served must be recordPleadings — Part Two · Source page
  46. Principle 2926The presence of the factual elements of a workplace. Within the authority of the court of merits. - Whether documents are sham or genuine. Deducing this. Within the authority of the court of merits. - The process server Pleadings — Part Two · Source page
  47. Principle 2927The time limit for challenging a judgment. The general rule is that it begins from the date of its pronouncement. Excepted cases. Article 129 Civil Procedure. The time limit for challenge therein begins from service of tPleadings — Part Two · Source page
  48. Principle 2928A procedural act is invalid if the law provides for its invalidity or if it is tainted by a substantial defect resulting in harm to the opposing party. - 563 - Civil Procedure - A provision prescribing the invalidity of Pleadings — Part Two · Source page
  49. Principle 2929The workplace at which service is recognized. Its nature. It is the place where a person engages in trade or a craft or manages his assets.Pleadings — Part Two · Source page
  50. Principle 2930The workplace at which a worker or employee may validly be served. Its nature: the place where he ordinarily performs his work. Directing service contrary thereto. Its effect. Its nullity. An example concerning cassationPleadings — Part Two · Source page
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