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. سلطتها في رد المحكم أو عدم صلاحيته وأتعابه

    Principle 3669Inferring the litigants’ knowledge or ignorance of the ground for challenging the arbitrator or his disqualification at the time of his selection. A matter of fact independently determined by the court of merits.Pleadings — Part Two · Source page ٦٩٢

  2. سلطتها في تقدير قواعد التقادم

    Principle 3670The trial court has authority to assess the arbitrator’s fees and arbitration expenses whenever it bases its assessment on reasonable grounds. 43- Its authority in assessing limitation rules:-Pleadings — Part Two · Source page ٦٩٢
  3. Principle 3671The action for liability for a lawful act is time-barred upon the lapse of three years from the day the injured party becomes aware of the damage and the liability for it, or fifteen years from the occurrence of the unlaPleadings — Part Two · Source page ٦٩٢
  4. Principle 3673Implied waiver of prescription after the right thereto has accrued. What constitutes it. Inferring it. A question of fact. Within the sole province of the court of merits.Pleadings — Part Two · Source page ٦٩٢
  5. Principle 3674The impediment suspending the running of the limitation period for an action. Its nature. Establishing this impediment. Within the power of the court of merits, provided that the determination is reasonable.Pleadings — Part Two · Source page ٦٩٢
  6. Principle 3675Determining the condition of the shipped goods at the time of delivery and ascertaining the event from which the limitation period begins. Within the authority of the trial court. - 692 - Civil ProcedurePleadings — Part Two · Source page ٦٩٢
  7. Principle 3676Waiver of the right to invoke prescription after it has accrued may be express or implied. Its condition. The significance of a document issued by the debtor as an acknowledgment of the debt and its effect on prescriptioPleadings — Part Two · Source page ٦٩٣
  8. Principle 3677Ascertainment of the facts and what constitutes a reason attributable to compelling material circumstances for suspending prescription. Within the authority of the court of merits.Pleadings — Part Two · Source page ٦٩٣
  9. Principle 3678The knowledge that commences the three-year limitation period in an action for the non-enforceability of a disposition is the creditor's knowledge that the disposition was made, of the debtor's insolvency, and of the fraPleadings — Part Two · Source page ٦٩٣
  10. Principle 3679The impediment that suspends the running of prescription. Its meaning. What does not constitute an impediment. - Assessing the existence or absence of the impediment. Within the authority of the court of merits. The condPleadings — Part Two · Source page ٦٩٣
  11. Principle 3680Lapse of proceedings. Its basis. The plaintiff or appellant, by act or omission, causes the action not to proceed for one year, whether intentionally or negligently. Basis thereof: Article 95, Procedure. - Assessment of Pleadings — Part Two · Source page ٦٩٣
  12. Principle 3681Understanding the facts of the action and assessing whether or not an impediment exists that suspends the running of its limitation period. A matter of fact. Example of what does not constitute an impediment suspending tPleadings — Part Two · Source page ٦٩٣
  13. Principle 3683The impediment considered a ground for suspending the running of the period required to bar the hearing of an action by lapse of time. Its nature. Assessment of the existence of this impediment. A matter for the court ofPleadings — Part Two · Source page ٦٩٤
  14. Principle 3684The prescribed period barring the hearing of an action. It does not run whenever an impediment exists that makes it impossible for the creditor to claim his right. Nature of this impediment. Assessment of its existence. Pleadings — Part Two · Source page ٦٩٤
  15. Principle 3685The excuse preventing the running of the period prescribed for barring the hearing of an action by lapse of time. Its nature. An acknowledgment interrupting prescription within the meaning of Article 1674 of the Majalla Pleadings — Part Two · Source page ٦٩٤
  16. Principle 3687Traders' obligations towards one another relating to their commercial activities. They become time-barred upon the lapse of ten years from the date performance falls due. Establishing the event from which the limitation Pleadings — Part Two · Source page ٦٩٤
  17. Principle 3688Determining the occurrence or absence of the event from which prescription begins. A factual matter for the court of fact. The condition therefor. Example concerning an action on the warranty of the engineer and contractPleadings — Part Two · Source page ٦٩٤
  18. Principle 3689The employee’s knowledge of his financial entitlement, its extent, essential elements, date of accrual and the entity owing it. Its effect. The limitation period for his right to claim it is one year from the date of thaPleadings — Part Two · Source page ٦٩٤
  19. Principle 3690The prescribed period for barring the hearing of an action. It begins on the day the debt becomes due for payment unless the law provides otherwise. - Ascertaining the fact that commences limitation. A matter for the couPleadings — Part Two · Source page ٦٩٥
  20. Principle 3691The knowledge that starts the short prescriptive period. Its meaning. Actual knowledge encompassing the occurrence of the damage and the identity of the person responsible for it. The lapse of three years from its date. Pleadings — Part Two · Source page ٦٩٥

  21. تقدير وجود المانع المُوقف للتقادم

    Principle 3692An action for recovery of what was paid without legal entitlement. Is time-barred upon the expiry of three years from the day the claimant becomes aware of his right to recovery, or fifteen years from the day that right Pleadings — Part Two · Source page ٦٩٥
  22. Principle 3693The existence of an impediment preventing the creditor from claiming his right. Its effect. The period prescribed for barring the hearing of the action does not run, even if the impediment is moral. Assessing the existenPleadings — Part Two · Source page ٦٩٥

  23. استخلاص أسباب قطع التقادم

    Principle 3694Impediment suspending the running of prescription. Its nature. Assessment of whether it constitutes a ground for suspending prescription. A matter for the court of merits. Example. 45- Inferring grounds for interruption Pleadings — Part Two · Source page ٦٩٦
  24. Principle 3695Inferring the existence of the debtor’s acknowledgment of the debt stated in the arbitration submission agreement as a ground for interrupting limitation. A matter of fact exclusively for the trial judge. The condition tPleadings — Part Two · Source page ٦٩٦

  25. استخلاص حصول التنازل عن التقادم

    Principle 3696Inferring the existence or absence of the debtor's acknowledgment of the debt as a ground interrupting limitation. A factual matter for the trial judge. Its condition. 46- Inferring that a waiver of limitation has occurrPleadings — Part Two · Source page ٦٩٦
  26. Principle 3697Inferring an implied waiver of prescription. Within the sole province of the court of merits. The condition therefor.Pleadings — Part Two · Source page ٦٩٦
  27. Principle 3698Ascertaining the facts of the action, assessing the indications and documents, and ascertaining the event from which the limitation period begins. Within the power of the court of merits. Condition thereof.Pleadings — Part Two · Source page ٦٩٦
  28. Principle 3699Actions arising from an insurance contract. Their limitation period is three years from the occurrence of the event giving rise to these actions, unless the law provides otherwise. Article 807, Civil Code. - EstablishingPleadings — Part Two · Source page ٦٩٦

  29. سلطتها في تقدير شروط المنع من السفر

    Principle 3700Waiver of prescription of all kinds. A unilateral legal act effected solely by the will of the waiving party. It is not subject to any formal requirement. It may occur expressly or implicitly, by the debtor adopting a poPleadings — Part Two · Source page ٦٩٦
  30. Principle 3701Assessment of the grounds warranting issuance of a travel ban order and of the grounds for a grievance against it. A question of fact within the sole discretion of the judge issuing the order and, thereafter, the court bPleadings — Part Two · Source page ٦٩٧
  31. Principle 3702The conditions for prohibiting the debtor from traveling include that his creditor's right be established by an apparent ground indicating its existence. Assessing this is within the authority of the court of merits, proPleadings — Part Two · Source page ٦٩٧
  32. Principle 3703Prohibiting the debtor from traveling. Its condition is that the debt be certain in existence and due for payment, and that serious grounds exist giving reason to believe that the debtor will flee despite his establishedPleadings — Part Two · Source page ٦٩٧
  33. Principle 3704Prohibiting the debtor from traveling. Its condition is that the debt be certain in existence and due for payment, and that serious reasons exist to suspect that the debtor will flee the debt despite being able to pay. APleadings — Part Two · Source page ٦٩٧
  34. Principle 3706An order prohibiting the debtor from travelling. Conditions for its issuance. Assessment of the satisfaction of these conditions is a factual matter exclusively for the trial court, provided that it is reasonable.Pleadings — Part Two · Source page ٦٩٧
  35. Principle 3707Establishing whether or not the debtor has the ability to pay. A question of fact whose assessment lies within the sole province of the court of merits.Pleadings — Part Two · Source page ٦٩٧
  36. Principle 3708An order prohibiting the debtor from traveling. Conditions for obtaining it. - Assessing the grounds for issuing the order and the grounds of grievance against it. Within the power of the issuing judge and thereafter - 6Pleadings — Part Two · Source page ٦٩٧
  37. Principle 3709An order prohibiting the debtor from travelling. Conditions for its issuance. Assessing whether or not these conditions are satisfied. Within the authority of the court of merits.Pleadings — Part Two · Source page ٦٩٨
  38. Principle 3710An order prohibiting the debtor from travelling. Grounds; assessment of their existence. Within the authority of the judge issuing the order and thereafter the court hearing the grievance.Pleadings — Part Two · Source page ٦٩٨
  39. Principle 3711The grounds for issuing a travel ban order and the grounds for challenging it by grievance. Their assessment is a matter of fact within the exclusive province of the trial judge. The condition for this. An example.Pleadings — Part Two · Source page ٦٩٨
  40. Principle 3712Prohibiting the debtor from traveling. Requirements for obtaining an order therefor. The debt must be certain in existence, due for payment, and not contingent. What does not qualify as such: a debt dependent on a conditPleadings — Part Two · Source page ٦٩٨
  41. Principle 3713Assessment of the grounds for an order imposing a travel ban and a grievance against it. Matters of fact. The trial judge has exclusive authority over them without review by the Court of Cassation. Its condition. Basing Pleadings — Part Two · Source page ٦٩٨
  42. Principle 3714Assessment of the existence of grounds warranting the obtaining of an order prohibiting the debtor from traveling and of the grounds for a grievance against it. Matters of fact within the sole discretion of the judge reqPleadings — Part Two · Source page
  43. Principle 3715Assessing the grounds for issuing a travel ban order and assessing the grounds of the grievance against it. A matter of merits. Its limit: ascertaining that the conditions for the travel ban order are fulfilled through sPleadings — Part Two · Source page
  44. Principle 3716Assessment of the grounds for issuing a travel ban order and the grounds for a grievance against it. Independently undertaken by the judge issuing the order and thereafter by the court before which the grievance against Pleadings — Part Two · Source page
  45. Principle 3717Correctly understanding an administrative decision and examining the facts on which it was based to verify their conformity with the law. Within the authority of the trial court. Example concerning a building permit.Pleadings — Part Two · Source page
  46. Principle 3718Understanding an administrative decision is within the authority of the trial court. It may ascertain whether its legal constituents exist and give it its true legal characterization without being bound by the litigants'Pleadings — Part Two · Source page
  47. Principle 3719The discretionary authority of the court of merits regarding liability for costs where each litigant fails in some of his claims.Pleadings — Part Two · Source page
  48. Principle 3720Ordering the losing party to bear the costs of the action. - Ordering the party who won the action to bear its costs. Within the power of the court of merits. Article 120, Procedure. Example.Pleadings — Part Two · Source page
  49. Principle 3721Liability for the costs of the action where each litigant fails in some claims. Falls within the trial court’s authority. Article 120 of the Civil Procedure Law. Example. - 699 - Civil ProcedurePleadings — Part Two · Source page
  50. Principle 3722Liability for the costs of the action where each party fails in some claims. Within the authority of the trial court. Article 120 of the Civil Procedure Law. Example. 50- Its authority to order the successful party to paPleadings — Part Two · Source page
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