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

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  1. سلطتها في تكييف الدعوى وطلبات الخصوم فيها

    Principle 3471The court's characterization of the claims in the action. It is not bound by the parties' description of them.Pleadings — Part Two · Source page ٦٦١
  2. Principle 3472The authority of the court of merits to legally characterize the action. Its limits. The necessity of its adherence to the facts and claims submitted and that the claims have been submitted in the manner prescribed by laPleadings — Part Two · Source page ٦٦١
  3. Principle 3474Legal characterisation of the action is within the authority of the court of merits. The condition for this. That it adhere to the litigants' claims and the grounds on which they are based. - Litigants' claims in statemePleadings — Part Two · Source page ٦٦١
  4. Principle 3475Characterization of the action falls within the authority of the trial court. - Judicial claim: its definition and scope. - A new claim that may not be raised on appeal. Its nature. Its distinction from a new ground of dPleadings — Part Two · Source page ٦٦٢
  5. Principle 3476Characterization of the action is within the authority of the court of merits. Its condition. Adherence to the limits of the claims and facts therein.Pleadings — Part Two · Source page ٦٦٢
  6. Principle 3478Ascertaining the true nature of the action and legally characterising it, or interpreting and legally characterising instruments and contracts. Within the authority of the court of the merits.Pleadings — Part Two · Source page ٦٦٢
  7. Principle 3480The cause of action is the legal source of the right claimed, and the judge may not change it.Pleadings — Part Two · Source page ٦٦٢
  8. Principle 3481Ascertaining the true nature of the action and giving it the correct characterisation. Within the authority of the court of merits.Pleadings — Part Two · Source page ٦٦٢
  9. Principle 3483Characterization of the action. Within the authority of the trial court. Its condition. Adherence to the facts and claims presented to it. - 662 - Civil ProcedurePleadings — Part Two · Source page ٦٦٢
  10. Principle 3484Characterising the action and applying the rule of law to it. A duty of the court of merits.Pleadings — Part Two · Source page ٦٦٣
  11. Principle 3486The obligation of the court of fact to give the action its true description and correct legal characterization without being bound by the parties’ characterization of it. It is subject in this respect to review by the CoPleadings — Part Two · Source page ٦٦٣
  12. Principle 3487The scope of the action is determined by the judicial demand that initiates the proceedings and by incidental claims submitted in accordance with the law.Pleadings — Part Two · Source page ٦٦٣
  13. Principle 3488Assessing the extent to which a notice to vacate includes an intention to terminate the lease. Within the authority of the trial court. The condition therefor. - Determining the scope of the action. A matter of understanPleadings — Part Two · Source page ٦٦٣
  14. Principle 3489The court of merits' adherence to the claims presented. Does not preclude ruling on what their scope necessarily and actually encompasses.Pleadings — Part Two · Source page ٦٦٣
  15. Principle 3491The court of fact is bound in its judgment by the parties’ claims. Its awarding what was not requested. Impermissible. Example.Pleadings — Part Two · Source page ٦٦٣
  16. Principle 3492The court of merits may legally characterize the facts established in the challenged judgment, provided that in this characterization it relies on nothing other than what it has ascertained from those facts. - 663 - ProcPleadings — Part Two · Source page ٦٦٣
  17. Principle 3493Giving the action its true description and correct characterization is within the authority of the court of merits, without being bound by the parties’ characterization. - The court of merits may adjudicate what the scopPleadings — Part Two · Source page ٦٦٤
  18. Principle 3494Ascertaining the facts of the action, giving it its true description, and assigning it the correct legal characterization are within the authority of the court of merits.Pleadings — Part Two · Source page ٦٦٤
  19. Principle 3495A judicial claim: its nature and effect in determining the scope of the action. And the court's adherence thereto. The court of merits' legal characterization of the action. Its constraints.Pleadings — Part Two · Source page ٦٦٤
  20. Principle 3496The court of merits' characterisation of the claims in the action: it must adhere to the true facts, claims and intentions of the litigants. Its subjection in this respect to review by the Court of Cassation.Pleadings — Part Two · Source page ٦٦٤
  21. Principle 3497Characterizing the parties’ claims and understanding the facts of the action. Within the authority of the trial court. Limitations thereon. No introduction of new claims.Pleadings — Part Two · Source page ٦٦٤
  22. Principle 3498The court of merits must adhere to the limits of the claims presented in the action without changing the substance of those claims or introducing new claims. What counts in determining a litigant's claims is the relief hPleadings — Part Two · Source page ٦٦٤
  23. Principle 3501The appellant’s claims set out in the notice of appeal are the criterion for determining what part of the first-instance court’s ruling is challenged by the appeal, rather than what he again claims in his memoranda. DetePleadings — Part Two · Source page ٦٦٥
  24. Principle 3502Establishing marriage to a deceased person. Its consequence. Issuance of a judgment against him. - An action to establish marriage against a deceased person is admissible only within an action asserting another right. ThPleadings — Part Two · Source page ٦٦٥
  25. Principle 3503Giving the action its true description and correct legal characterization. Its condition. The obligation to adhere to the parties' claims and not depart from them. - Ownership of real property is transferred by registratPleadings — Part Two · Source page ٦٦٥
  26. Principle 3504The court of merits is obliged to give the action its true description and its correct legal characterization, without being bound by the parties' characterization thereof, within the limits of the cause of action.Pleadings — Part Two · Source page ٦٦٥
  27. Principle 3505The relief sought in the action. What matters is its true nature and basis, not the words in which it is formulated. Ascertaining the true nature of the action from its facts and all its evidence and indicia. Within the Pleadings — Part Two · Source page ٦٦٥
  28. Principle 3506The trial judge's characterisation of the relationship governing the parties to the action. The decisive consideration therein. What emerges from the facts presented to him, without being bound by the characterisation thPleadings — Part Two · Source page ٦٦٦
  29. Principle 3507The Court of Cassation may review the trial court’s characterization of the action, the reason being that it is a question of law.Pleadings — Part Two · Source page ٦٦٦
  30. Principle 3509Giving the action its true description and correct legal characterisation is for the court of merits, provided that it does not change the cause of action and adheres to the litigants' claims. The judgment's contraventioPleadings — Part Two · Source page ٦٦٦
  31. Principle 3510The court of fact is not bound, in its legal characterization of the action, by the parties’ characterization of it. Example.Pleadings — Part Two · Source page ٦٦٦
  32. Principle 3511Characterizing the action and giving it its true description. Within the trial court’s authority. Its condition.Pleadings — Part Two · Source page ٦٦٦
  33. Principle 3512The court of merits is obliged to give the action its correct legal characterization without being bound by the parties’ characterization thereof. The condition therefor: adhering to the limits of the cause of action andPleadings — Part Two · Source page ٦٦٦
  34. Principle 3513Characterization of the claims in the action. Within the authority of the court of merits. Its condition. Adherence to the true facts and claims submitted and the parties’ intention thereby, without being bound by the dePleadings — Part Two · Source page ٦٦٦
  35. Principle 3514Ascertaining the true nature of the action and giving the relationship governing the parties its correct legal characterization without being bound by the litigants’ characterization thereof. Within the authority of the Pleadings — Part Two · Source page ٦٦٧
  36. Principle 3518The court of merits may characterize the action and give it the correct legal description in accordance with the claims submitted to it without changing their substance. - What counts in the parties' claims. The relief tPleadings — Part Two · Source page ٦٦٧
  37. Principle 3519The court of merits may characterize the action, scrutinize its subject matter, and ascertain the true nature of the claims therein without being bound by the expressions and words used by the litigants. What matters in Pleadings — Part Two · Source page ٦٦٨
  38. Principle 3522Characterisation of the litigants' claims. Within the authority of the court of merits. The condition for this. The decisive consideration is the true intention and objective of the claims, not the words in which they arPleadings — Part Two · Source page ٦٦٨
  39. Principle 3524The trial court may apply the legal characterization to the claims in the action. The condition therefor. The claim being expressly stated. Its necessary consequence. No need to undertake characterization. Example. - 668Pleadings — Part Two · Source page ٦٦٨
  40. Principle 3525Characterization of the litigants’ requests. Within the authority of the court of fact. The condition therefor. What matters is the true intent and purpose of the requests, not the words in which they are formulated.Pleadings — Part Two · Source page ٦٦٩

  41. إسباغ التكييف القانوني على الأوراق والمستندات

    Principle 3527Giving papers and documents their legal characterisation. Within the authority of the court of merits. Its subjection in this regard to the review of the Court of Cassation.Pleadings — Part Two · Source page ٦٦٩
  42. Principle 3528Correct application of the law. Does not require a request from the parties. The reason therefor. The judge must identify the legal rule applicable to the facts and apply it, whatever the statutory provision relied upon Pleadings — Part Two · Source page
  43. Principle 3529The trial court. Its obligation, of its own motion, to ascertain the legal rules applicable to the facts of the action. Example.Pleadings — Part Two · Source page
  44. Principle 3530Ascertainment of the correct legal rule applicable to the relationship between the parties to the compensation action. A duty of the court of merits, without that being deemed a change by it to the cause or subject mattePleadings — Part Two · Source page
  45. Principle 3531The judge is primarily required to refer to the statutory text itself and apply it to the facts of the action within the limits of its wording. Clarity of the text's meaning. Its necessary consequence. It is impermissiblPleadings — Part Two · Source page
  46. Principle 3532A clear provision with an unequivocal meaning. It is impermissible to adopt anything that contradicts or restricts it. The reason for this. - Inquiry into the wisdom and motivations of legislation is undertaken only whenPleadings — Part Two · Source page
  47. Principle 3533The law applicable to relationships involving a foreign element in matters of personal status is the law of the last nationality acquired by the spouses. Determining the applicable provisions. Within the authority of thePleadings — Part Two · Source page
  48. Principle 3534Assessing the evidence and documents in the action and identifying the provisions of foreign law applicable to the facts. Within the authority of the trial court. The condition therefor. Example. 14- Its authority to idePleadings — Part Two · Source page
  49. Principle 3535The legislature's failure to provide a definition or specification of acts of sovereignty which courts are prohibited from examining. Its consequence: leaving their determination to the judiciary, contenting itself with Pleadings — Part Two · Source page
  50. Principle 3536The court of merits. Does not refer the matter to the Constitutional Court unless determination of the dispute before it depends on determination of the constitutionality of a law, decree-law or regulation, and determinaPleadings — Part Two · Source page
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