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 collectionالتدخل والإدخال في الدعوى
Principle 3537The court of fact’s assessment that the plea of unconstitutionality is a serious plea. Its effect: its obligation to stay the action and refer the dispute to the Constitutional Court for determination. 16- Intervention aPleadings — Part Two · Source page ٦٧١- Principle 3538Joining a third party to the action in the interests of justice or to reveal the truth. A discretionary power of the court. Criticizing it for failing to exercise that power. Inadmissible.Pleadings — Part Two · Source page ٦٧١
- Principle 3540The court of merits may join third parties to the action as it considers conducive to the interests of justice or to revealing the truth of the dispute. Joinder by a party does not depend upon the issuance of permission Pleadings — Part Two · Source page ٦٧١
- Principle 3541The plaintiff is free to determine the scope of the proceedings in terms of their parties unless the law requires specified persons to be joined in the action. - Whether or not to join a third party in the action is subjPleadings — Part Two · Source page ٦٧٢
- Principle 3542The court's failure to exercise a discretionary power vested in it. Challenging it on that ground. Inadmissible. Example. Concerning joinder in the action.Pleadings — Part Two · Source page ٦٧٢
- Principle 3543Joinder of a party to the action. A discretionary power of the court. Challenging it for not exercising that power. Inadmissible. - Granting a request to join a third party to the action to produce documents in his possePleadings — Part Two · Source page ٦٧٢
سلطتها في تقدير الارتباط بين الدعاوى وضمها
Principle 3548Consolidation of actions. Its condition. A connection making determination of one affect the outcome of the other and leading to conflicting judgments. Ascertaining this. A matter of fact. The effect of consolidation: eaPleadings — Part Two · Source page ٦٧٣- Principle 3549Adversarial intervention in the action. Its implication. The intervener's request for a judgment in his favour concerning a right he claims for himself against both parties to the proceedings. The connection of this claiPleadings — Part Two · Source page ٦٧٣
- Principle 3550Assessment of the existence of a connection between two actions for their consolidation. Falls within the authority of the court of fact. Its condition.Pleadings — Part Two · Source page ٦٧٣
- Principle 3554Identity of subject matter in the two actions. Its assessment is within the trial court’s authority. The condition therefor.Pleadings — Part Two · Source page ٦٧٤
- Principle 3555The criterion for the authority of res judicata barring renewed submission of the dispute concerning an issue finally adjudicated. Determination of the identity of the elements in the two actions. A substantive matter.Pleadings — Part Two · Source page ٦٧٤
- Principle 3556Assessment of whether the subject matter of the two actions is identical or not. A matter of fact. The court of merits independently decides it.Pleadings — Part Two · Source page ٦٧٤
- Principle 3557Identity of subject matter in the two actions: when it is established. - A wife's bringing an action for judicial divorce on grounds of harm and its dismissal. Her right to bring a subsequent action on the same ground. TPleadings — Part Two · Source page ٦٧٤
- Principle 3559Consolidation of actions brought before one court. Its condition. The existence of a connection between them such that determination of one affects the outcome of the other, so that separate determination of each would lPleadings — Part Two · Source page ٦٧٤
- Principle 3560Assessing the connection between two actions. Within the authority of the trial court. The two actions must be consolidated whenever a connection between them is established that makes determination of one affect the outPleadings — Part Two · Source page ٦٧٥
سلطتها في تقدير وحدة الموضوع بين الدعويين
Principle 3563Assessment of the identity of the subject matter in two actions is exclusively for the trial court, provided that its assessment is reasonable.Pleadings — Part Two · Source page ٦٧٥- Principle 3564Finding identity of subject matter in two actions. Falls within the authority of the court of fact, so long as it is sound.Pleadings — Part Two · Source page ٦٧٥
تقدير وحدة المحل في الدعويين
Principle 3565Determining the identity of the elements in two actions. Within the power of the court of merits. 19- Determining the identity of the subject matter in the two actions:-Pleadings — Part Two · Source page ٦٧٥تقدير فصلها في الطلب العارض مع الطلب الأصلي
Principle 3566The court of merits. Its independence in determining the identity of the subject matter in the two actions. Its condition. Basing its ruling on grounds that support it and lead to the conclusion it reached. Example of rePleadings — Part Two · Source page ٦٧٥تقدير قيام الارتباط المسوغ لقبول الطلب العارض
Principle 3567Judicial set-off. The condition for effecting it: its submission in the form of an incidental claim. Its assessment belongs to the judge of merits. He may decide it together with the original action if feasible, or confiPleadings — Part Two · Source page ٦٧٦سلطتها في وقف الدعوى تعليقاً
Principle 3570Staying the civil action pending determination of the criminal action. The authority of the court of merits to ascertain the existence or initiation of the criminal action.Pleadings — Part Two · Source page ٦٧٦- Principle 3572Understanding the facts and weighing the litigants' arguments. Within the authority of the court of merits. - Assessment of the seriousness or usefulness of a request to stay the action pending determination of another mPleadings — Part Two · Source page ٦٧٦
- Principle 3573Staying an action pending determination of a preliminary issue. Its condition. The preliminary issue that must first be determined before judgment in the action falls outside the court’s functional or subject-matter juriPleadings — Part Two · Source page ٦٧٧
- Principle 3574Granting a request to stay the action. Discretionary for the court according to whether it finds the dispute over the preliminary issue outside its jurisdiction to be serious or not serious. Example of a dispute lacking Pleadings — Part Two · Source page ٦٧٧
- Principle 3576Staying the action pending determination of another matter. Falls within the authority of the court of fact. The implication thereof: the court is not obliged to stay proceedings pending determination of other actions.Pleadings — Part Two · Source page ٦٧٧
- Principle 3577Staying an action pending determination of another matter. Within the power of the court of merits. Consequence: the court is not obliged to stay the action pending determination of other actions.Pleadings — Part Two · Source page ٦٧٧
- Principle 3578The trial court may order a stay of the action if it considers that judgment on its merits should be made dependent upon determination of another issue upon which the judgment depends. Article 90 of the Code of Civil ProPleadings — Part Two · Source page ٦٧٧
- Principle 3579Staying the action pending determination of another issue upon which judgment depends. For the court of merits, provided it is reasonable. Example of a judgment that erred in applying the law by failing to order a stay oPleadings — Part Two · Source page ٦٧٧
سلطتها في تأجيل نظر الدعوى أو إعادتها للمرافعة
Principle 3581The sanctions provided for in Article 70 of the Civil Procedure Law are discretionary for the court to impose. 24- Its authority to adjourn consideration of the action or reopen it for pleadings:-Pleadings — Part Two · Source page ٦٧٨- Principle 3583A request to reopen the action for argument. It is not considered a plea or defence in the action. Granting or refusing it is within the trial court’s unfettered discretion.Pleadings — Part Two · Source page ٦٧٨
- Principle 3584Reopening the action for pleadings. Within the authority of the court of merits. - A request to reopen the action for pleadings to submit documents or memoranda. It is not a plea or defence in the action. The court of mePleadings — Part Two · Source page ٦٧٨
- Principle 3585Reopening the action for pleadings to submit documents. Within the unfettered discretion of the court of merits. Failure to refer to this request. Neither a deficiency nor an infringement of the right of defence.Pleadings — Part Two · Source page ٦٧٨
- Principle 3587Reserving the action for judgment after the conclusion of oral argument therein. A request to reopen oral argument is neither a plea nor a defense therein. Granting it. Within the unfettered discretion of the court of mePleadings — Part Two · Source page ٦٧٩
- Principle 3588A request to reopen the action for oral argument. The court's granting thereof. Within its unfettered discretion.Pleadings — Part Two · Source page ٦٧٩
- Principle 3589A request to reopen the action for pleadings. The court is not obliged to grant it. Disregarding it or omitting reference to it. Does not vitiate the judgment.Pleadings — Part Two · Source page ٦٧٩
- Principle 3590A request to reopen the case for pleadings after it has been reserved for judgment. Does not constitute a plea or defence therein. Granting it. Within the court's unfettered discretion.Pleadings — Part Two · Source page ٦٧٩
- Principle 3591A request to reopen a case for argument after it has been reserved for judgment. It is neither a plea nor a defence in the case. The court cannot be faulted for not granting it.Pleadings — Part Two · Source page ٦٧٩
- Principle 3597A litigant's request to adjourn the taking of evidence to bring rebuttal witnesses or to reopen the action for oral argument. The court is not obliged to grant it so long as it has afforded him the opportunity to do so aPleadings — Part Two · Source page ٦٨٠
- Principle 3599A request to reopen oral argument: no fault attaches to the court if it does not grant the party’s request.Pleadings — Part Two · Source page ٦٨٠
- Principle 3601Granting or refusing a request to reopen pleadings in the action. Within the unfettered discretion of the court of merits.Pleadings — Part Two · Source page ٦٨٠
- Principle 3604Granting or refusing a request to reopen pleadings. Falls within the unfettered discretion of the court of fact. Failure to refer to it is deemed an implicit refusal. - 680 - ProcedurePleadings — Part Two · Source page ٦٨٠
- Principle 3605Reopening the action for oral argument after reserving it for judgment. Within the unfettered discretion of the court of merits.Pleadings — Part Two · Source page
- Principle 3606Reserving the action for judgment. Its effect. The court is not obliged to grant a party’s request to restore the action for oral argument. The reason therefor.Pleadings — Part Two · Source page
- Principle 3607The association's articles of association providing that the right to withdraw confidence from the board of directors or one of its members belongs solely to the general assembly. Its implication. Withdrawing confidence Pleadings — Part Two · Source page
- Principle 3608The court of fact. It is not obliged to conduct an investigation so long as it has found in the case papers and evidence sufficient material to form its conviction.Pleadings — Part Two · Source page
- Principle 3609A request to refer the action for evidentiary investigation. The court may refuse to grant it if it finds in the case papers sufficient material to form its conviction, and it may assess the evidence and weigh it againstPleadings — Part Two · Source page
- Principle 3610The court of merits. It is not obliged to follow the parties through the various aspects of their defenses, and has absolute discretion not to grant their request to refer the action for investigation or take further eviPleadings — Part Two · Source page
- Principle 3611The work of experts and weighing their opinions against one another. Within the authority of the court of merits. The condition therefor. - 681 - Civil ProcedurePleadings — Part Two · Source page
- Principle 3612The court of merits may adopt the expert's report without being obliged to respond separately to the challenges directed against it. The condition thereof.Pleadings — Part Two · Source page
- Principle 3613Assessment of a litigant's request to refer the assignment back to the expert. For the court of merits. Where the request entails enabling him to prove or disprove a material defense, this means is productive in the dispPleadings — Part Two · Source page