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. الطعن بالتزوير

    Principle 284An independent forgery action was instituted for a person who fears that a forged instrument may be invoked against him. The condition for resorting to this action. The document alleged to be forged must not already havePleadings — Part Two · Source page ٥٥
  2. Principle 285The court of merits, when deciding a challenge alleging forgery, is not obliged to grant the challenger’s request for an investigation or to require the opposing party to produce documents in that party’s possession, whePleadings — Part Two · Source page ٥٥
  3. Principle 286The hearing minutes are an official document having evidentiary force against everyone as to what is recorded therein. Alleging that they contradict the truth in what they contain or omit. The means thereof. A challenge Pleadings — Part Two · Source page ٥٥
  4. Principle 287The presumption regarding procedures is that they have been observed. - The hearing record is an official document and conclusive evidence against all persons. It may not be alleged to be contrary to the truth except - 5Pleadings — Part Two · Source page ٥٥
  5. Principle 288The presumption regarding procedures is that they have been observed. Establishing proof of their invalidity. The burden falls upon the party asserting it. - Hearing minutes. An official document having probative force aPleadings — Part Two · Source page ٥٦
  6. Principle 289Recourse to instituting an original forgery action. Its criterion. - An allegation of forgery by an incidental action. It is a means of defence on the merits of the action, within the jurisdiction of the court before whiPleadings — Part Two · Source page ٥٦
  7. Principle 290A judgment dismissing a challenge alleging forgery. Its implication. Authenticity of the document challenged, not validity of the transaction recorded therein. The right of the party alleging forgery to invoke all substaPleadings — Part Two · Source page ٥٦
  8. Principle 291A challenge on grounds of forgery. A means of defence on the merits of the action for which the legislature has not prescribed special procedures for its submission. It is sufficient for it to appear in a memorandum submPleadings — Part Two · Source page ٥٦
  9. Principle 292The contrary of what is contained in the agency contract may not be proved except by a challenge alleging forgery.Pleadings — Part Two · Source page ٥٧

  10. إجراءات المرافعات

    Principle 293The hearing minutes are an official document possessing evidentiary authority. They may not be alleged to contradict the truth except by a challenge alleging forgery. 22- Pleading procedures:-Pleadings — Part Two · Source page ٥٧
  11. Principle 294The relative effect of litigation procedures. This means that an appeal benefits only the person who filed it and may be invoked only against the person against whom it was filed, and that the failure of some judgment dePleadings — Part Two · Source page ٥٧
  12. Principle 295A litigant may submit documents and memoranda at the hearing without being obliged to serve them on the absent opposing party. The basis thereof.Pleadings — Part Two · Source page ٥٧
  13. Principle 296The plaintiff is prohibited from making new claims or amending his initial claims at a hearing from which his opponent is absent, unless the amendment is exclusively to the defendant’s benefit and does not affect any of Pleadings — Part Two · Source page ٥٧
  14. Principle 297Exemption of the arbitrator from compliance with the rules and procedures of litigation. Scope of this exemption.Pleadings — Part Two · Source page ٥٧
  15. Principle 298The relative effect of litigation procedures. Its implication is that a challenge benefits only those who brought it within the time limit and may be invoked only against those against whom it was brought within the timePleadings — Part Two · Source page ٥٧
  16. Principle 299The plaintiff’s failure to perform any procedural step. Its consequence: the court of merits may stay the action as a sanction for a period not exceeding six months. Failure to perform it after the expiry of that period.Pleadings — Part Two · Source page ٥٨
  17. Principle 300Combining adjudication of the allegation of forgery and of the merits of the action in a single judgment. Impermissible. The absence of an express provision to that effect in the Evidence Law. Does not signify an intentiPleadings — Part Two · Source page ٥٨
  18. Principle 301Payment of a debt. Effected by the debtor directly depositing it or taking the alternative measure to deposit in accordance with the provisions of the Civil Procedure Law. Among its instances. The existence of serious grPleadings — Part Two · Source page ٥٨
  19. Principle 302A lawyer appearing as a party's representative. The lawyer must declare his appearance on the party's behalf in the hearing minutes and, before pleading, establish his authority to represent the person on whose behalf hePleadings — Part Two · Source page ٥٨

  20. الإعادة للمرافعة

    Principle 303A lawyer appearing as a litigant's representative. He must record his appearance on the litigant's behalf in the hearing minutes and, before pleading, establish his authority to represent the person on whose behalf he haPleadings — Part Two · Source page ٥٩

  21. الأوامر الولائية

    Principle 304The female appellant's submission of an application to reopen the appeal for pleadings to present her defence, accompanied by documents indicating the first respondent's ability to pay and her fear that he would abscond,Pleadings — Part Two · Source page ٥٩
  22. Principle 305An order imprisoning a debtor for refusing to comply with a final judgment. By whom it is issued and the conditions for its issuance. The authority of the issuer to conduct an investigation to ascertain the extent to whiPleadings — Part Two · Source page ٥٩
  23. Principle 306Following the procedure for obtaining payment orders. Its becoming mandatory pursuant to Decree-Law 44 of 1989, effective on the day following the date of its publication on 23/7/1989, after having been optional. This coPleadings — Part Two · Source page ٦٠
  24. Principle 307Resorting to the payment order procedure. Its conditions. - Absence of a written document evidencing the debt claimed and inclusion in the claim of interest not established in writing and not specified. The commencement Pleadings — Part Two · Source page ٦٠
  25. Principle 308Submitting an action to the court after refusal to issue a payment order. Its distinction from a grievance against that order. The effect thereof.Pleadings — Part Two · Source page ٦٠
  26. Principle 309Resort to the payment order procedure is conditional upon the debt claimed being a sum of money of a specified amount, established in writing and due for payment. Example.Pleadings — Part Two · Source page ٦٠
  27. Principle 310Obtaining a payment order. Its condition. - A debt deferred to a future date is not due for payment. The effect thereof. Its failure to satisfy the conditions for obtaining a payment order for the claim. Example.Pleadings — Part Two · Source page ٦٠
  28. Principle 311Service of the petition and the payment order, from which the time limit for a grievance begins. Its requirements. It is subject to the rules governing service of judicial documents and their delivery pursuant to ArticlePleadings — Part Two · Source page ٦٠
  29. Principle 312The event giving rise to the Public Treasury’s right to collect judicial fees: submission of the statement of claim or application to the court. - The court registry alone has the right to demand from the plaintiff the fPleadings — Part Two · Source page ٦١
  30. Principle 314A lawyer admitted before the court must sign the statement of claim in an action whose value exceeds 5,000 dinars, the appeal petition, and the petition for reconsideration, except those filed by the Government. There isPleadings — Part Two · Source page ٦١
  31. Principle 315The court shall not stop at setting aside the payment order challenged by grievance for a reason unrelated to the petition for its issuance. It must proceed to examine the merits of the dispute.Pleadings — Part Two · Source page ٦١
  32. Principle 316Recourse to the payment-order procedure. Its requirements. Example of an application that did not satisfy the condition that the debt evidenced by the document be due for payment.Pleadings — Part Two · Source page ٦١
  33. Principle 317Conditions for recourse to the payment-order procedure. What they are. The obligation to follow the ordinary procedure for bringing an action if any of those conditions is absent. Example.Pleadings — Part Two · Source page ٦١
  34. Principle 318A travel ban order. Procedures for obtaining it. Submission of a petition by the interested party to the Enforcement Department where serious grounds exist for believing that the debtor will flee despite being able to paPleadings — Part Two · Source page ٦١
  35. Principle 319Assessment of the expert's fees and recovery of his fees are effected by obtaining an order on petition therefor from the president or judge of the court that appointed him. The manner of lodging a grievance against thisPleadings — Part Two · Source page ٦٢
  36. Principle 320Orders on petitions. Their nature. Orders issued by judges of interim matters pursuant to their non-contentious authority, in the absence of the parties and without stating reasons. Grievances against them. Their manner.Pleadings — Part Two · Source page ٦٢
  37. Principle 321Grievance against an order assessing court fees. Its manner. Either by a declaration filed with the registry of the court that rendered the judgment within the eight days following its service, if the dispute concerns thPleadings — Part Two · Source page ٦٢
  38. Principle 322Recourse to the payment-order procedure. Its condition. The debt must be a sum of money established in writing, due for payment, and of a specified amount. Absence of any of these conditions. Its effect. Following the orPleadings — Part Two · Source page ٦٢
  39. Principle 323A grievance against a payment order and a ruling cancelling it for a reason unrelated to the petition seeking its issuance or on the basis of the absence of one of its substantive conditions. Its consequence. The court dPleadings — Part Two · Source page ٦٢
  40. Principle 324Resort to the payment order procedure. Its condition. The debt claimed must be a sum of money established in writing, of a specified amount and due for payment, or movable property specified by kind and quantity. The debPleadings — Part Two · Source page ٦٢
  41. Principle 325Claiming a debt evidenced by a commercial instrument where the person against whom payment is claimed is the drawer, maker, acceptor or aval guarantor of any of them. Its manner. Following the payment-order procedure. ClPleadings — Part Two · Source page ٦٣
  42. Principle 326Resorting to the payment-order procedure. Its condition. The debt must be a sum of money established in writing, of a specified amount and due for payment, or movable property specified by type and quantity. The debt claPleadings — Part Two · Source page ٦٣
  43. Principle 327Lodging a grievance against a payment order and appealing it at the same time. Permissible for the debtor. The debtor's right to lodge a grievance is not forfeited as a result of his appeal. Reason: forfeiture is establiPleadings — Part Two · Source page ٦٣
  44. Principle 328Obtaining a payment order. Its condition: the debt claimed must be a sum of money established in writing, ascertained in amount, and due for payment. - What is meant by the payment order being ascertained in amount is thPleadings — Part Two · Source page ٦٣

  45. التظلم من أمر الأداء

    Principle 329Recourse to the payment-order procedure. Its requirements. Example of an application that did not satisfy the condition that the debt established by the document be due for payment. 25- Grievance against a payment order:Pleadings — Part Two · Source page ٦٣
  46. Principle 331The time limit for lodging a grievance against a payment order. It runs from the date of service upon the debtor. Calculation of the period for forfeiture of the right to lodge a grievance from that date. A grievance by Pleadings — Part Two · Source page ٦٤

  47. التمسك بتطبيق قانون أجنبي

    Principle 332Obtaining a payment order to recover a debt established in writing. Mandatory under Law 44/1989 amending certain provisions of the Civil and Commercial Procedure Code. This relates to litigation procedures and applies toPleadings — Part Two · Source page ٦٤

  48. الإفلاس

    Principle 333Invoking the application of foreign law. Considered a mere material fact. Its implication. Evidence of it must be adduced. Example. 27- Bankruptcy:-Pleadings — Part Two · Source page ٦٤
  49. Principle 334Provisions of bankruptcy rules. They are considered matters of public policy. A judgment declaring bankruptcy is for the benefit of all creditors, even if they were not parties to the proceedings. - Challenging a judgmenPleadings — Part Two · Source page ٦٤
  50. Principle 335Issuance of a judgment declaring bankruptcy. Its consequence. From its date, the bankrupt is divested of the administration of all his assets, whether related to his business or not. The reason therefor. All his assets sPleadings — Part Two · Source page ٦٥
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