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. بطلان الإعلان والحضور الذي يصححه

    Principle 3204The defect in service that is cured by appearance. Its nature. The party's appearance at the hearing specified in the service document pursuant to invalid service. Its effect. Removal of the invalidity and deeming servicPleadings — Part Two · Source page ٦١٢
  2. Principle 3205Condition for ruling that a procedure is void. That its nullity result in prejudice to the litigant. - Nullity of service of the cassation appeal petition. Establishment that the respondent submitted a memorandum of defePleadings — Part Two · Source page ٦١٢
  3. Principle 3206Invalidity of service of the appealed judgment. May not be invoked for the first time before the Court of Cassation. - 612 - ProcedurePleadings — Part Two · Source page ٦١٢
  4. Principle 3207The nullity cured by the appearance of the person serving notice is the nullity arising from a defect in service or in the statement of the court or the hearing date. The same rule does not apply to nullity arising from Pleadings — Part Two · Source page ٦١٣
  5. Principle 3208Inclusion of the process server’s name and the court to which he belongs in the original notice of service. Its sufficiency to confer official status upon it. - The appellee’s knowledge of the appeal, attendance at the hPleadings — Part Two · Source page ٦١٣
  6. Principle 3209A party's appearance at the hearing specified in the invalid service document. Constitutes a waiver by him of reliance upon its nullity. Nullity of summonses due to a defect in service, in the designation of the court, oPleadings — Part Two · Source page ٦١٣
  7. Principle 3210The respondent's submission of a memorandum of defence within the statutory time limit in response to the grounds of appeal. This fulfils the purpose of service of the appeal and eliminates prejudice. A plea of invaliditPleadings — Part Two · Source page ٦١٣
  8. Principle 3211Fulfilment of the purpose of the procedure despite failure to comply with the form. Its effect. Absence of prejudice, leaving no basis for a ruling of nullity. Example concerning omission of the process server's name andPleadings — Part Two · Source page ٦١٣
  9. Principle 3213Invalidity of service of the appeal petition is relative and does not pertain to public order. It may not be invoked for the first time - 613 - Civil Procedure before the Court of Cassation unless it was tainted by an inPleadings — Part Two · Source page ٦١٣
  10. Principle 3214Nullity arising from failure of service. Relative nullity that may be invoked only by the person for whose benefit it was prescribed. An example of a plea of nullity of service of reinstatement of an action after strikinPleadings — Part Two · Source page ٦١٤
  11. Principle 3215The condition for declaring a procedural act invalid. That it results in prejudice to the opposing party. Invalidity of service of the petition for cassation. Establishment that the respondent submitted a memorandum of hPleadings — Part Two · Source page ٦١٤
  12. Principle 3216The official character of the service document is established by including the name of the person effecting service and his signature on the original statement of claim. Absence of this particular from its copy. No nulliPleadings — Part Two · Source page ٦١٤
  13. Principle 3217Where the law stipulates that a particular form must be followed and prescribes nullity in that regard, it is void if that form is contravened. However, pursuant to Article 19 / 2 of the Civil Procedure Law, nullity shalPleadings — Part Two · Source page ٦١٤
  14. Principle 3218Invalidity of service effected in contravention of Article Nine of the Civil Procedure Law. Relative invalidity. It does not pertain to public order. Its consequence. When the right to invoke this invalidity lapses. FailPleadings — Part Two · Source page ٦١٤
  15. Principle 3219Nullity of service of the appeal petition and failure of the person served to appear before the Court of Appeal. - 614 - Procedure Its effect. The latter's right to invoke that nullity for the first time before the CourtPleadings — Part Two · Source page ٦١٤
  16. Principle 3220Constitution of the proceedings. Its condition - Invalidity of service of the statement of claim. Its effect: the Court of Appeal rules that the appealed judgment is invalid without proceeding to determine the merits of Pleadings — Part Two · Source page ٦١٥
  17. Principle 3221Nullity of summonses owing to a defect in service. Relative and not a matter of public policy. The litigant for whose benefit this nullity is prescribed and who did not appear before the court of first instance must invoPleadings — Part Two · Source page ٦١٥
  18. Principle 3222Nullity is not adjudged, despite being stipulated, if the defect affecting the procedure has caused no harm to the opposing party. The harm considered in this regard is procedural harm.Pleadings — Part Two · Source page ٦١٥
  19. Principle 3223Achievement of the purpose of an invalid procedural act through the existence of confrontation between the parties. Its effect. - A sole proprietorship is inseparable from the person of its owner and has no legal personaPleadings — Part Two · Source page ٦١٥
  20. Principle 3224The two respondents' submission of a memorandum of their defence within the time limit. Fulfilment of the purpose of serving them with the cassation appeal. A plea of invalidity of the appeal. No basis therefor.Pleadings — Part Two · Source page ٦١٥
  21. Principle 3225Nullity of service of statements of claim and summonses to appear. Cured by the appearance of the person served at the hearing specified in the document served or by filing a memorandum of defence. The reason for this: aPleadings — Part Two · Source page ٦١٥
  22. Principle 3226The respondent’s submission of a memorandum of his defence within the time limit. Achievement of the purpose of serving him with the cassation appeal, thereby - 615 - Procedure excluding prejudice. The plea of invalidityPleadings — Part Two · Source page ٦١٥
  23. Principle 3227Nullity of service of statements of claim and summonses to appear. Cured by the person served appearing at the hearing specified in the notice or filing a memorandum of his defense. The reason therefor. Achievement of thPleadings — Part Two · Source page ٦١٦
  24. Principle 3228The general rule is the invalidity of the service document when it lacks the particulars prescribed in Article 8 of the Law of Procedure. - Fulfilment of the purpose of the procedure negates the harm warranting a ruling Pleadings — Part Two · Source page ٦١٦
  25. Principle 3229Nullity of a procedural act. Its cases. Nullity is not to be adjudged, notwithstanding express provision for it, if the procedural act causes no harm to the litigant. Relevant harm. Its nature. Fulfilment of the purpose Pleadings — Part Two · Source page ٦١٦
  26. Principle 3230The legislature’s purpose in regulating service procedures and specifying the conditions for their validity is to enable the opposing party to confront and respond to the claims directed against him. When that purpose isPleadings — Part Two · Source page ٦١٦
  27. Principle 3231The appearance that extinguishes the right to invoke nullity is that made pursuant to the document itself and at the hearing specified therein. Appearance at a different hearing on the party's own initiative or pursuant Pleadings — Part Two · Source page ٦١٦
  28. Principle 3232The appearance of a litigant that extinguishes the right to invoke nullity. Its nature. It is that which occurs through service of the document itself at the time and place specified therein. The reason for this. The invPleadings — Part Two · Source page ٦١٦
  29. Principle 3233Invalidity of service of statements of claim and summonses arising from a defect in service. Relative invalidity that does not pertain to public order. It is cured by the addressee's appearance at the hearing specified iPleadings — Part Two · Source page ٦١٧
  30. Principle 3234The ground of challenge alleging nullity of service for failure to state the full name of the official at the police station to whom its copy was delivered. Incorrect. The reason for this. An example.Pleadings — Part Two · Source page ٦١٧
  31. Principle 3235Invalidity of a procedural act. Its condition. Prejudice to the opposing party. Absence of prejudice. Its effect. - A deficiency in the particulars identifying the person to be served, while the intended purpose is achiePleadings — Part Two · Source page ٦١٧
  32. Principle 3236Absence of the person to be served from his domicile. Permissibility of delivering the documents to whoever states that he is his agent or works in his service, or to one of his relatives or relatives by marriage, subjecPleadings — Part Two · Source page ٦١٧
  33. Principle 3237The rule is the addressee's certain knowledge of judicial service. The exception is presumed knowledge and constructive knowledge. It may not be extended by analogy, as it is exhaustively specified. The appearance of a lPleadings — Part Two · Source page ٦١٧
  34. Principle 3238A cassation appeal. It is deemed filed upon lodging its petition with the Registry, irrespective of when it is served upon the respondent. Its implication. Invalidity of service has no effect upon an appeal validly filedPleadings — Part Two · Source page ٦١٧
  35. Principle 3239Nullity of service. Relative nullity unrelated to public order. It must be invoked before the court of merits or in the appeal petition unequivocally and clearly. An example of a plea lacking those elements. - Plea of nuPleadings — Part Two · Source page ٦١٨
  36. Principle 3240The service document. When it is invalid. - The name of the person effecting service must be stated in the copy. The purpose thereof. Stating both of them in the original document suffices. The effect thereof. - The appePleadings — Part Two · Source page ٦١٨
  37. Principle 3241Nullity of service of statements of claim and summonses. Relative nullity, not a matter of public policy. It is cured by the person served attending the hearing specified therein or filing a memorandum of defence.Pleadings — Part Two · Source page ٦١٨
  38. Principle 3242Nullity of service of statements of claim and summonses arising from a defect in service. Its cure by the appearance of the person served at the hearing specified in the notice or by filing a memorandum of his defence. TPleadings — Part Two · Source page ٦١٨
  39. Principle 3243The addressee may invoke the nullity of the copy served upon him even if its original is free of grounds of nullity. The condition thereof. An example.Pleadings — Part Two · Source page ٦١٩
  40. Principle 3244Verification that the parties were served and negation thereof. A factual matter assessed by the court of merits. An example of a sound response verifying that service occurred and was valid.Pleadings — Part Two · Source page ٦١٩
  41. Principle 3245An invalid procedure. Its nature. One whose nullity is stipulated by law or which is affected by a fundamental defect resulting in prejudice to the opposing party. No prejudice resulting. Its effect. No nullity. The reasPleadings — Part Two · Source page ٦١٩
  42. Principle 3246Procedural pleas not pertaining to public order. They must be raised together before raising any other procedural plea, request, or defence in the action. The consequence thereof: forfeiture of those not raised. - The plPleadings — Part Two · Source page
  43. Principle 3247The general rule is that the time limit for challenging a judgment begins from the date of its pronouncement. Excepted cases in which the time limit begins from the date of service of the judgment on the judgment debtor.Pleadings — Part Two · Source page
  44. Principle 3248The judgment’s conclusion that the respondent is an insurance agent for the appellant and that her receipt of all formal notices and notifications directed to him is valid. No defect.Pleadings — Part Two · Source page
  45. Principle 3250Nullity of a procedural act. It may not be adjudged if it causes no harm to the litigant. - The respondent’s submission of a memorandum of defence within the prescribed period. Thereby the purpose of service is fulfilledPleadings — Part Two · Source page
  46. Principle 3251Validity of the procedure. Its attainment. By achievement of its intended purpose. The defect in service cured by appearance is a defect in the form of service whereby appearance achieves its intended purpose. The importPleadings — Part Two · Source page
  47. Principle 3252The appellant's failure to attend hearings before the Court of Appeal and failure to submit a memorandum of his defence. Its effect. He may invoke the nullity of service upon him of the statement of appeal, even for the Pleadings — Part Two · Source page
  48. Principle 3253Invoking the invalidity of service of the statement of appeal: a relative nullity. Invoking it for the first time before the Court of Cassation. Its condition. That this service was affected by a nullity that prevented tPleadings — Part Two · Source page
  49. Principle 3254Objection to the validity of notice of sale by auction. It must precede the hearing scheduled for the sale by three days. Grounds of nullity relating to the procedures preceding the sale hearing and objections to the conPleadings — Part Two · Source page
  50. Principle 3256The agent's domicile is recognised for service only at the level of litigation for which he was appointed. The effect of this. An appeal may not be served at the agent's domicile. The exception. The respondent's designatPleadings — Part Two · Source page
PreviousPage 56 of 76Next