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 تقدير أتعاب المحاماة

    Principle 3723Ordering the successful litigant to pay the costs of the action where he left his opponent unaware of documents in his possession is within the authority of the trial court. 51- Its authority to assess lawyers' fees:-Pleadings — Part Two · Source page ٧٠٠
  2. Principle 3724Reduction of lawyers’ fees by the court. The two factors that must be followed in this case. The effort expended by the lawyer and the benefit accruing to the client. This applies whether there is no written agreement coPleadings — Part Two · Source page ٧٠٠
  3. Principle 3726Establishing or negating the fault giving rise to a lawyer’s liability toward his client, and establishing or failing to establish damage warranting compensation. A matter of fact within the power of the court of merits.Pleadings — Part Two · Source page ٧٠٠
  4. Principle 3730Actual lawyers’ fees awarded to the successful party at his request. Their amount is subject to the assessment of the judge of merits. Article 119 bis of the Code of Procedure, added by Law 36 of 2002.Pleadings — Part Two · Source page ٧٠١
  5. Principle 3733Assessment of actual attorney’s fees. Falls within the trial court’s authority. The prerequisite and condition for this.Pleadings — Part Two · Source page ٧٠١
  6. Principle 3734Assessment of lawyers’ fees at the request of the successful party, within the limits of his requests and in light of the actual fees he incurred, taking account of the subject matter of the action and the level of litigPleadings — Part Two · Source page ٧٠١
  7. Principle 3735Ordering the successful litigant to pay costs if the right is admitted by the judgment debtor. Within the authority of the court of merits. Article 121, Civil Procedure. Its declining to apply this article despite its coPleadings — Part Two · Source page ٧٠٢
  8. Principle 3736Actual lawyers’ fees. Awarded to the successful party upon his request. Their assessment is a matter for the court of merits, taking into account the subject matter of the case and the level of litigation at which it is Pleadings — Part Two · Source page ٧٠٢
  9. Principle 3737Assessing the effort expended by the lawyer and the fees appropriate to that effort. Exclusively for the trial judge.Pleadings — Part Two · Source page ٧٠٢
  10. Principle 3738Actual lawyers' fees awarded to the successful party upon his request. Subject to the trial court's assessment. The court must take into account the subject matter of the action and the level of proceedings before it.Pleadings — Part Two · Source page ٧٠٢
  11. Principle 3739Actual lawyers’ fees awarded to the successful party at his request. Their amount is subject to the assessment of the judge of merits. Article 119 bis of the Code of Procedure, added by Law 36 of 2002. Example.Pleadings — Part Two · Source page ٧٠٢
  12. Principle 3740Assessing the effort expended by the lawyer and the benefit accruing to the client. Within the power of the court of merits. Condition thereof.Pleadings — Part Two · Source page ٧٠٢
  13. Principle 3742The trial court has authority to assess the fees appropriate for attorney’s fees. Example.Pleadings — Part Two · Source page ٧٠٣
  14. Principle 3743Assessment of lawyers’ fees is for the court of merits upon the successful party’s request, within the limits of his claims and in light of the actual fees he incurred, taking into account the subject matter of the case Pleadings — Part Two · Source page ٧٠٣
  15. Principle 3744Lawyers’ fees. Assessed by the court at the successful party’s request, within the limits of that party’s claims and in light of the actual fees incurred, taking into account the subject matter of the action and the levePleadings — Part Two · Source page ٧٠٣

  16. بوجه عام

    Principle 3749Omission to examine a material defence. Its effect. Inadequacy of the judgment's factual reasons. Example.Pleadings — Part Two · Source page ٧٠٧
  17. Principle 3750The broker’s remuneration. Payable by the person who commissioned him to complete the transaction, not by the other party to the contract. - One contracting party’s assertion that he did not commission the broker to compPleadings — Part Two · Source page ٧٠٧
  18. Principle 3751The clarity and unambiguity of the outward expression of the authority issuing the administrative decision that it accepts the resignation. Searching for its internal intention and characterizing it as a dismissal decisiPleadings — Part Two · Source page ٧٠٧
  19. Principle 3754The judgment’s failure to respond to a material defense and to scrutinize the documents submitted in support thereof. Deficiency. Example. - 707 - ProcedurePleadings — Part Two · Source page ٧٠٧
  20. Principle 3755Filing an appeal seeking overtime pay. Its effect. Placing the material defence relating thereto before the Court of Appeal, provided it has not been waived. Its disregard thereof and failure to address it as required. IPleadings — Part Two · Source page ٧٠٨
  21. Principle 3756A judgment’s inadequacy for failure to address a plea or defence is conditional upon its reasons containing nothing that constitutes an implicit response to it.Pleadings — Part Two · Source page ٧٠٨
  22. Principle 3757The free-of-particular-average clause in insurance policies. What it excludes from the scope of coverage. Particular partial loss, except that resulting from the vessel’s stranding, sinking, or burning. The defense relatPleadings — Part Two · Source page ٧٠٨
  23. Principle 3758The obligation of the court of merits to address every material defense and state its opinion thereon. The nature of a material defense. Example.Pleadings — Part Two · Source page ٧٠٨
  24. Principle 3759A litigant's raising a material defense which, if valid, would change the outcome of the action, and supporting it with documents. The judgment's failure to scrutinize it in light of the contents of those documents. InsuPleadings — Part Two · Source page ٧٠٨
  25. Principle 3760The deficiency that renders a judgment defective for failing to address a material defence. Its nature. Example: the judgment's dismissal of the action without addressing the significance of a presumption whose examinatiPleadings — Part Two · Source page ٧٠٨
  26. Principle 3761Raising a material defense capable of changing the view taken of the case. Overlooking it. Inadequacy that invalidates the judgment. - 708 - Civil ProcedurePleadings — Part Two · Source page ٧٠٨
  27. Principle 3762A litigant’s submission of documents and reliance on their significance. The judgment’s disregard of them without examining any significance they may have that affects the judgment. Inadequacy.Pleadings — Part Two · Source page ٧٠٩
  28. Principle 3763The judgment’s disregard of documents submitted by a litigant to the court of merits to prove a material defense. Inadequacy.Pleadings — Part Two · Source page ٧٠٩
  29. Principle 3764The judgment's disregarding documents submitted by a litigant who relied on their significance regarding the subject matter of the dispute, despite the significance they may have, where, had it examined them and scrutiniPleadings — Part Two · Source page ٧٠٩
  30. Principle 3765A litigant raising a material defense concerning facts, supporting it with documents he submitted, which, if valid, would change the view taken of the case. It must be scrutinized. Omission thereof. Inadequacy invalidatiPleadings — Part Two · Source page ٧٠٩
  31. Principle 3766Where the reasons for the judgment do not constitute an adequate response to the appellant’s defense and are general and unsupported by evidence drawn from the record, the judgment is tainted by deficiency. Example.Pleadings — Part Two · Source page ٧٠٩
  32. Principle 3767The insurer's legal subrogation, to the extent of compensation it has paid, in the actions of the insured and the person legally responsible for the insured damage, unless the latter is responsible for his acts. The contPleadings — Part Two · Source page ٧٠٩
  33. Principle 3769The expert’s opinion is among the items of evidence subject to the trial court’s assessment. The scope of this. The reasons in the expert’s report must be sufficient to support the conclusion reached. Conflict between thPleadings — Part Two · Source page ٧٠٩
  34. Principle 3770The power of the judge of merits to assess evidence. Its condition. That he not overlook a plea or a ground of material defense, base his judgment on something contrary to what is established in the documents, or give rePleadings — Part Two · Source page ٧١٠
  35. Principle 3771The judgment must resolve every dispute arising over any element of the action upon which its determination depends. Its failure to scrutinize a comprehensive accounting between the parties, as required to resolve the enPleadings — Part Two · Source page ٧١٠
  36. Principle 3772The defense that the suspensive condition, although not actually fulfilled, was fulfilled by operation of law, the opposing party deliberately failing to proceed with steps he is obliged to take in order to prevent fulfiPleadings — Part Two · Source page ٧١٠
  37. Principle 3773The defense that the court must address and express its opinion on. It is a material defense. Its definition. Failure of the judgment to address it and express an opinion on it. Deficiency. Example.Pleadings — Part Two · Source page ٧١٠
  38. Principle 3774A material defence which, if valid, would alter the view taken of the action. The court must examine it by all means to ascertain the truth. Its subjection in this respect to review by the Court of Cassation. Example of Pleadings — Part Two · Source page ٧١٠
  39. Principle 3777A judgment’s failure to respond to a material defense that may change the view taken of the case and renders it defective for inadequate reasoning. An example of a material defense. - The court of merits. Obliged to addrPleadings — Part Two · Source page ٧١١
  40. Principle 3778A material defense which, if valid, would change the outcome of the action. The judgment's failure to respond to it. Insufficient reasoning. Example.Pleadings — Part Two · Source page ٧١١
  41. Principle 3779A defense that changes the view taken of the case. The judgment must address it and express an opinion on it.Pleadings — Part Two · Source page
  42. Principle 3780The trial court's failure to investigate a material defence which, if valid, would alter the view taken of the action. Vitiates its judgment by infringement of the right of defence and inadequacy of reasoning, requiring Pleadings — Part Two · Source page
  43. Principle 3781Ascertaining the facts of the action and assessing the evidence. Within the authority of the court of merits. Restrictions thereon. - The defence that the court of merits must address. It is the material defence. Its natPleadings — Part Two · Source page
  44. Principle 3782Being subject to the procedures for settling transactions concerning company shares conducted on deferred terms pursuant to Law 75/1983. Its effect. Continuation of the institution’s receivership over the debtor’s assetsPleadings — Part Two · Source page
  45. Principle 3783A litigant’s raising a material defense, substantiating it by the import of wording in a document submitted to the trial court. It must be scrutinized in light of what the wording of the document in its entirety conveys.Pleadings — Part Two · Source page
  46. Principle 3784Material defense. Its nature. The court’s duty toward it. - The court of merits’ disregard of a request relating to evidence. Its condition.Pleadings — Part Two · Source page
  47. Principle 3785The appeal transfers the action together with the pleas and defenses previously raised by the respondent, so long as he has not waived them expressly or implicitly. The effect of this. The Court of Appeal must address hiPleadings — Part Two · Source page
  48. Principle 3786Impermissibility of ruling on the authenticity or forgery of a document and on the merits in a single judgment. A fundamental rule of procedure, even if not stipulated in the Law of Evidence. A judgment ruling on rejectiPleadings — Part Two · Source page
  49. Principle 3787Failure expressly to insist in the appeal petition on application of the penalty clause, while referring to it incidentally, reserving the right to raise other grounds of appeal at the hearing, and invoking that clause iPleadings — Part Two · Source page
  50. Principle 3788A witness's kinship with one of the litigants. Does not preclude hearing his testimony unless he lacks discernment owing to the existence of one of the circumstances set out in Article 43 of the Evidence Law. The trial cPleadings — Part Two · Source page
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