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. بوجه عام

    Principle 3848A material defense. It is a defense that—if valid—changes the view taken of the action. The court must address it, scrutinize it, and express its view on it, otherwise its judgment is inadequate. Example of a judgment dePleadings — Part Two · Source page ٧٢٢
  2. Principle 3849A material defense is one whose acceptance results in a change in the view taken of the case. The obligation of the court of merits to address it. A defense that does not confront the structure of the judgment and does nPleadings — Part Two · Source page ٧٢٢
  3. Principle 3850A litigant's raising a material defense capable of changing the outcome of the action and supporting it with documents he submitted. The judgment's disregarding them and failing to investigate the defense based upon themPleadings — Part Two · Source page ٧٢٢
  4. Principle 3851Validity of judgments. Conditional upon their being based on grounds examining every material defense affecting the determination of the case. - The court of merits’ omission to respond to a material defense advanced by Pleadings — Part Two · Source page ٧٢٢
  5. Principle 3852The trial court. Its obligation to address a material defense accompanied by evidence or which it is requested to investigate. Example.Pleadings — Part Two · Source page ٧٢٢
  6. Principle 3853The expert’s opinion. An element of evidence. Subject to the trial court’s assessment. The condition therefor. Its reasons must support its conclusion without contradicting what is established in the record and must inclPleadings — Part Two · Source page ٧٢٢
  7. Principle 3854The trial court has full authority not to grant litigants' requests for referral for evidentiary investigation or for further evidentiary measures whenever it finds in the circumstances of the action and the evidence on Pleadings — Part Two · Source page ٧٢٢
  8. Principle 3856The appellant’s insistence at both levels of litigation that he prepared Sharia-compliant accommodation for the respondent and her son, and his submission of evidence thereof. A material defence. The judgment’s failure tPleadings — Part Two · Source page ٧٢٣
  9. Principle 3857A party raising a material defense supported by documents. The court must respond to it. Contravention thereof: an invalidating deficiency. - The appellant’s insistence before the Court of Appeal—as she had previously asPleadings — Part Two · Source page ٧٢٣
  10. Principle 3858A request or ground of defense advanced by a litigant before the trial court for determination and which would—if valid—change the view taken of the action. The court must express its view on it, otherwise its judgment iPleadings — Part Two · Source page ٧٢٣
  11. Principle 3859Every request or ground of defense advanced by a party before the court and whose determination he seeks. The court must respond to it with specific reasons; otherwise its judgment is devoid of reasons and deficient in ePleadings — Part Two · Source page ٧٢٣
  12. Principle 3860The trial court’s failure to examine a material defense that would—if valid—change the view taken of the action. Inadequacy. Example concerning non-entitlement to consolatory maintenance upon divorce.Pleadings — Part Two · Source page ٧٢٤
  13. Principle 3862The trial court. Its omission of a material defence raised by a litigant which, if valid, would alter the view taken of the action. Inadequacy and infringement of the right of defence. Example concerning the court's rejePleadings — Part Two · Source page ٧٢٤
  14. Principle 3863Material defence. The court must address it and state its opinion on it. And this defence must be founded on a fact established by evidence in accordance with the rules prescribed therefor by the laws governing evidence.Pleadings — Part Two · Source page ٧٢٤
  15. Principle 3864A material defense maintained by a party which, if correct, would change the outcome of the action, and which he substantiates with documents. The court must scrutinize it and respond with sufficient reasons; otherwise iPleadings — Part Two · Source page ٧٢٤
  16. Principle 3865A litigant’s submission of documents to the court and reliance on their significance. The judgment’s disregard of them and its refusal to investigate the defense based on them, notwithstanding any significance they may hPleadings — Part Two · Source page ٧٢٤
  17. Principle 3867The power of the court of merits to assess evidence in the action and to assess the expert’s work. Restrictions thereon: a litigant’s reliance on a defense which, if valid, would undermine this report in a manner that maPleadings — Part Two · Source page ٧٢٥
  18. Principle 3868The obligation of the court of merits to address a litigant's defense whenever that defense is material. Example concerning the judgment's omission of a material defense concerning a gift, rendering it defective and requPleadings — Part Two · Source page ٧٢٥
  19. Principle 3869A valid judgment. Its condition: that it be based on grounds examining every claim or material defense that may affect the determination of the case, and that these grounds be reasonable and correct, leading to the conclPleadings — Part Two · Source page ٧٢٥
  20. Principle 3871A litigant’s reliance on a material defense. The court must address and scrutinize it and respond to it with reasons sufficient to support its ruling; otherwise, its judgment is inadequately reasoned.Pleadings — Part Two · Source page ٧٢٥
  21. Principle 3872Every claim or defense presented by a litigant before the court of merits which would—if valid—change the outcome of the action. The court must address and scrutinize it and answer it with specific reasons; otherwise itsPleadings — Part Two · Source page ٧٢٥
  22. Principle 3873The court’s disregard of a request to appoint an expert. Its condition: the existence of papers in the case sufficient to form its conviction, or it becoming apparent that the facts sought to be proved are immaterial to Pleadings — Part Two · Source page ٧٢٦

  23. - بوجه عام

    Principle 3875A material defense is a defense that may change the outcome of the action. The court of merits must address it and express its opinion in a manner that answers it. - A co-owner in undivided ownership. The general rule isPleadings — Part Two · Source page ٧٢٦
  24. Principle 3876The defense that the court is obliged to address is that which rests on a sound basis in fact or law, or relies upon a material consideration capable of changing the view taken of the action.Pleadings — Part Two · Source page ٧٢٧
  25. Principle 3877The defence that the court must address and express an opinion on. It is the material defence. An example of a non-material defence.Pleadings — Part Two · Source page ٧٢٧
  26. Principle 3878The defence that the court of merits must address and express an opinion on. Its nature. A non-material defence: the judgment is not vitiated by disregarding it and failing to respond to it.Pleadings — Part Two · Source page ٧٢٧
  27. Principle 3879The defence to which the court of merits is obliged to respond. Its nature. - A non-material defence. The judgment's disregard thereof and failure to respond to it in its reasons do not vitiate it.Pleadings — Part Two · Source page ٧٢٧
  28. Principle 3880The defense that the trial court must address. Its nature. - The trial court’s authority to understand the facts, assess the evidence, and assess the extent to which the bank examined the documents for opening the documePleadings — Part Two · Source page ٧٢٧
  29. Principle 3882Adjournment of the hearing of the action after affording its parties the opportunity to present their defence. Within the unfettered discretion of the trial court. The court's refusal to grant it is no defect. - 727 - CiPleadings — Part Two · Source page ٧٢٧
  30. Principle 3883No fault attaches to the court if it delivers its judgment and does not grant a request to reopen pleadings in the case after it has been reserved for judgment, for the submission of documents or memoranda or completion Pleadings — Part Two · Source page ٧٢٨
  31. Principle 3884Granting a request to adjourn the action when it is ready for determination. The court is not obliged to do so. Nor is it obliged to respond except to a material defense. Example.Pleadings — Part Two · Source page ٧٢٨
  32. Principle 3885The defense that the trial court must examine and respond to. It is a material defense. When it is considered material. Example of a non-material defense.Pleadings — Part Two · Source page ٧٢٨

  33. - الدفاع الذي لم يقدم مستنده أو دليله

    Principle 3886A defence having no effect on the outcome of the judgment. Its disregard thereof. Does not vitiate it. Reason therefor. - A defence for which no supporting document or evidence was submitted:-Pleadings — Part Two · Source page ٧٢٨
  34. Principle 3887Requiring the court of merits to determine a defence for which evidence has not been submitted. Impermissible.Pleadings — Part Two · Source page ٧٢٨
  35. Principle 3888The defense to which the court of merits is obliged to respond. It is a material defense. When a defense is considered material. An example of an immaterial defense.Pleadings — Part Two · Source page ٧٢٨
  36. Principle 3889Evidence for the action and the defense. Must be submitted to the trial court. Submitting a document to the Court of Cassation serves no purpose and is of no avail. The reason for this.Pleadings — Part Two · Source page ٧٢٨
  37. Principle 3890The court of merits may not be required to adjudicate a defense whose supporting document or evidence has not been submitted to it. The reason therefor.Pleadings — Part Two · Source page ٧٢٨
  38. Principle 3892The court’s disregard of an allegation for which the litigant has not furnished proof. And its refusal to interrogate the other litigant concerning that allegation. No defect.Pleadings — Part Two · Source page ٧٢٩
  39. Principle 3894A defense for which no evidence was submitted. The judgment’s rejection thereof. Does not vitiate it. An example concerning the impossibility of restoring the situation to what it was upon conclusion of the sale contractPleadings — Part Two · Source page ٧٢٩
  40. Principle 3896A defense for which evidence has not been submitted. The court of merits incurs no reproach for failing to respond to it.Pleadings — Part Two · Source page
  41. Principle 3897A defence whose supporting document or evidence has not been submitted. Requiring the court of fact to adjudicate it. Impermissible. The reason therefor.Pleadings — Part Two · Source page
  42. Principle 3898A defence for which no supporting document or evidence has been submitted. The judgment’s failure to address it. Does not vitiate it. Example.Pleadings — Part Two · Source page
  43. Principle 3901The court of the merits is not obliged to direct litigants to submit their defence or draw their attention to its requirements. Its judgment is not defective for rejecting a claim or defence for which evidence was not suPleadings — Part Two · Source page
  44. Principle 3902The burden of proof rests upon the person making the allegation. - 729 - Procedure - A defence not proved by the person relying on it. The court of merits may reject it.Pleadings — Part Two · Source page
  45. Principle 3903The trial court is not required to direct the litigants to provide evidence of their defense or draw their attention to its requirements. Nor may it be required to decide a defense for which evidence has not been submittPleadings — Part Two · Source page
  46. Principle 3906The burden of proof rests on whoever alleges, whether plaintiff or defendant. - The court of merits determines the dispute before it in light of the evidence and documents submitted to it. It is not obliged to require liPleadings — Part Two · Source page
  47. Principle 3907The judgment's failure to answer a defense for which no evidence was submitted. Does not render it defective.Pleadings — Part Two · Source page
  48. Principle 3908A judgment’s failure to respond to a defense for which no evidence was established. Does not render it defective so long as it reached the correct conclusion.Pleadings — Part Two · Source page
  49. Principle 3910A defense devoid of evidence. The judgment’s failure to respond to it. No defect. Example.Pleadings — Part Two · Source page
  50. Principle 3911Directing the parties to provide evidence of their defense or drawing their attention to its requirements. Not necessary. The judgment’s rejection of a claim or defense whose proponent has not supplied its evidence or suPleadings — Part Two · Source page
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