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. تحري الصفة والمصلحة في الدعوى

    Principle 3405The action. Its nature and conditions of admissibility. The existence of standing for both parties. Inferring that standing. Independently determined by the court of merits. The condition thereof.Pleadings — Part Two · Source page ٦٥١
  2. Principle 3406Investigation of the parties' standing, interpretation of instruments, assessment of evidence, and inference of the fault giving rise to liability and the causal relationship between it and the harm. Within the authorityPleadings — Part Two · Source page ٦٥١
  3. Principle 3407The interest that is recognised. It is the legal interest based on a right or legal status for the purpose of protecting it, whether by declaring it when disputed, repelling an infringement upon it, or compensating for dPleadings — Part Two · Source page ٦٥١
  4. Principle 3408Investigation of the capacity of the parties in the action and inference of its existence or absence. A matter of fact independently assessed by the court of merits whenever its inference is reasonable. Example concerninPleadings — Part Two · Source page ٦٥١
  5. Principle 3409Investigating the litigants' standing and ascertaining its existence or absence. A matter for the court of merits. The condition for this.Pleadings — Part Two · Source page ٦٥١
  6. Principle 3411Ascertaining the parties’ standing and inferring its existence or absence. A factual matter within the exclusive competence of the court of fact. The condition therefor.Pleadings — Part Two · Source page ٦٥٢
  7. Principle 3413Investigating the litigants’ standing and inferring its existence or absence. A factual matter independently determined by the trial court. The condition therefor.Pleadings — Part Two · Source page ٦٥٢
  8. Principle 3414The court of the merits. Must adhere to the parties' claims and not go beyond them.Pleadings — Part Two · Source page ٦٥٢
  9. Principle 3415Standing in an action. When the plaintiff possesses it. - Ascertaining standing in an action. A matter exclusively for the court of merits, provided its assessment is reasonable.Pleadings — Part Two · Source page ٦٥٢
  10. Principle 3416Investigating the parties' standing and determining its existence or absence in the action. A matter of fact independently determined by the court of the merits, provided its determination is reasonable.Pleadings — Part Two · Source page ٦٥٢
  11. Principle 3418Ascertaining the litigants' standing and inferring its existence or absence in the action. A question of fact for the court of merits. The condition for this.Pleadings — Part Two · Source page ٦٥٢

  12. سلطتها في توافر شروط قيام الوكالة الظاهرة أو نفيها

    Principle 3419Investigation of the parties' standing in the action and interpretation of instruments, documents, and presumptions. A factual matter for the court of merits. The condition therefor. - 652 - Civil Procedure 5- Its authorPleadings — Part Two · Source page ٦٥٢

  13. سلطتها في التصدي لعلاقة الخصوم بوكلائهم

    Principle 3420Existence or absence of the conditions necessary for apparent agency. A matter of fact within the exclusive authority of the court of merits. The condition for this. 6- Its authority to address the relationship of litigaPleadings — Part Two · Source page ٦٥٣

  14. سلطتها في تقدير توقيع الجزاء باعتبار الدعوى أو الاستئناف كأن لم تكن

    Principle 3423Assessment of whether to impose the sanction of deeming the appeal never to have existed for failure to serve its petition within the prescribed time limit. Within the authority of the court of merits, provided it is reaPleadings — Part Two · Source page ٦٥٣
  15. Principle 3424The prerequisite for imposing the sanction of deeming the appeal never to have been brought. Its investigation is a matter of fact.Pleadings — Part Two · Source page ٦٥٣
  16. Principle 3425Imposition of the sanction of deeming the appeal as never having been brought. Discretionary for the court. The judgment’s exercise of a discretion conferred upon it by law. Does not vitiate it. Example concerning a ruliPleadings — Part Two · Source page ٦٥٣
  17. Principle 3426A judgment deeming the action or appeal as never having been brought because of the plaintiff’s or appellant’s delay, intentionally or negligently, in serving the statement of claim or statement of appeal upon his opponePleadings — Part Two · Source page ٦٥٣
  18. Principle 3427A judgment deeming the appeal as if it had never been for failure to summon the appellee to appear due to the appellant’s act. Discretionary for the court of merits. Example.Pleadings — Part Two · Source page ٦٥٤
  19. Principle 3428Deeming the action or appeal as if it had never been brought for failure to summon to appear within the statutory time limit. Conditions for its imposition. Assessment of whether to impose this sanction. Within the unresPleadings — Part Two · Source page ٦٥٤
  20. Principle 3429The statement of appeal produces its effects from the date of its filing with the Registry. The opposing party must be served within thirty days from the filing date. This time limit is a time limit for appearance. The mPleadings — Part Two · Source page ٦٥٤
  21. Principle 3430Lodging the appeal petition with the Registry. Its effect. It must be served upon the respondent within thirty days for the adversarial proceedings to be constituted. Delay in service beyond that time limit gives rise toPleadings — Part Two · Source page ٦٥٤
  22. Principle 3431Permissibility of deeming the action never to have been brought at the defendant's request if he has not been summoned to appear within ninety days from the date of filing the petition. - 654 - Procedure - The plaintiff'Pleadings — Part Two · Source page ٦٥٤
  23. Principle 3432Deeming the appeal as never having been brought because of the appellant’s delay in validly serving its statement within thirty days of its filing. Discretionary for the court. The condition therefor. Delivery of the staPleadings — Part Two · Source page ٦٥٥
  24. Principle 3433Deeming the action as if it had never been owing to expiry of the prescribed time limit for resuming its course. The court must so rule whenever requested, whatever the reason for failure to resume the action and withoutPleadings — Part Two · Source page ٦٥٥
  25. Principle 3434The plaintiff's failure to perform any procedural act. Its import. The court of merits may stay the action experts the period not exceeding six months. His failure to perform it after the end of that period. Its effect. Pleadings — Part Two · Source page ٦٥٥
  26. Principle 3435A ruling deeming the appeal as if it had never been brought is discretionary for the court. The meaning thereof. Example.Pleadings — Part Two · Source page ٦٥٥
  27. Principle 3436Deeming an appeal never to have been brought for failure to summon to appear within the statutory time limit; assessment of its imposition. Within the unfettered discretion of the court of merits.Pleadings — Part Two · Source page ٦٥٥
  28. Principle 3437A ruling deeming the appeal as if it had never been brought for failure to summon the respondent to appear within the time limit. Discretionary for the court of merits. Example. - 655 - Civil ProcedurePleadings — Part Two · Source page ٦٥٥
  29. Principle 3438Deeming an appeal as never having been brought owing to the appellant’s delay in duly serving its petition within thirty days from its filing date. Ruling to that effect. Discretionary for the court. The condition therefPleadings — Part Two · Source page ٦٥٦
  30. Principle 3439Assessment of whether to impose the sanction of deeming the appeal never to have been brought for failure to serve the petition within the prescribed time limit. Within the unfettered discretion of the court of merits. APleadings — Part Two · Source page ٦٥٦
  31. Principle 3440Deeming the appeal as never having been brought. The condition for the appellate court to so rule. - Assessment of whether to impose the sanction of deeming the appeal as never having been brought. Falls within the unfetPleadings — Part Two · Source page ٦٥٦
  32. Principle 3441The respondent’s appearance after the time specified in the summons does not extinguish his right to request imposition of the sanction of deeming the appeal as never having been brought.Pleadings — Part Two · Source page ٦٥٦
  33. Principle 3444Nullity of service of statements of claim and summonses arising from a defect in service is cured by the appearance of the person served at the hearing specified in the notice or by filing a memorandum of his defence. ThPleadings — Part Two · Source page ٦٥٧
  34. Principle 3445Ruling that an action or appeal is deemed never to have existed. Discretionary for the court. The basis therefor. - The respondent's failure to specify his original domicile in his statement of claim before the court of Pleadings — Part Two · Source page ٦٥٧
  35. Principle 3446Failure to serve the statement of claim within ninety days from the date of its filing with the court registry. Its effect. The action may be deemed as if it had never been brought. Its condition. That the defendant requPleadings — Part Two · Source page ٦٥٧
  36. Principle 3449Failure to summon the appellee to appear before the court within thirty days from the date of submitting the statement to the court registry. Its effect. Permissibility of ruling that the appeal be deemed as if it had nePleadings — Part Two · Source page ٦٥٨
  37. Principle 3450The plaintiff's failure to perform any procedural act within the time limit. A stay of the action for a period not exceeding six months may be ordered instead of a fine. Resumption of the action after expiry of the perioPleadings — Part Two · Source page ٦٥٨
  38. Principle 3452Imposition of the sanction deeming the appeal as if it had never been brought for failure to serve the statement within the prescribed time limit is within the authority of the court of merits. Its condition. A judgment Pleadings — Part Two · Source page ٦٥٨
  39. Principle 3454Renewal of an action within 90 days of its striking out. A mandatory time limit. Its fulfilment depends on the constitution of the proceedings. The means thereof is service, through which the principle of confrontation bPleadings — Part Two · Source page ٦٥٨
  40. Principle 3455Ruling that the appeal is deemed never to have existed upon the respondent's request because he was not summoned to appear within the time limit. Discretionary for the court, not mandatory. Articles 49, 137, 147 of the CPleadings — Part Two · Source page ٦٥٩
  41. Principle 3456Imposition of the sanction of deeming the appeal never to have been brought. Its prerequisite. A matter of fact independently determined by the court of merits. The condition for this.Pleadings — Part Two · Source page ٦٥٩
  42. Principle 3457Imposition of the sanction of deeming the appeal as never having been brought for failure to serve the respondent with the notice of appeal within the time limit prescribed in Article 137 of the Law of Procedure. Falls wPleadings — Part Two · Source page
  43. Principle 3459Applying the sanction of deeming the appeal as never having been brought for failure to serve its statement within the statutory period. Discretionary for the court. 8- Determining the scope of the action:-Pleadings — Part Two · Source page
  44. Principle 3460Determination of the scope of the action, characterization of the claims therein and ascertainment of their true nature. Within the authority of the court of merits. Its condition. - 659 - Civil ProcedurePleadings — Part Two · Source page
  45. Principle 3461Ascertaining the facts of the case and determining its scope from the parties’ claims. A matter for the trial court.Pleadings — Part Two · Source page
  46. Principle 3462Determination of the scope of the case. A matter of understanding the facts of the action and within the authority of the judge of merits. The condition therefor.Pleadings — Part Two · Source page
  47. Principle 3464Determining the scope of the action. A matter of fact. Within the authority of the court of merits. Its condition. Its reliance in this regard on reasonable considerations capable of leading to the conclusion reached, anPleadings — Part Two · Source page
  48. Principle 3466Legal characterization of the action. Falls within the authority of the court of fact. The condition of adherence to the facts and claims presented to it. Example of an incorrect legal characterization.Pleadings — Part Two · Source page
  49. Principle 3468The cause of action. Its nature. Changing it. The trial court has no power to do so of its own motion. - 660 - Civil Procedure - The trial court’s authority to characterize the action. Conditional upon remaining within tPleadings — Part Two · Source page
  50. Principle 3469Characterizing the parties’ claims and giving them their true description without being bound by the parties’ characterization thereof. Within the authority of the court of merits. The condition therefor.Pleadings — Part Two · Source page
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