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. - الدفاع الذي لم يقدم مستنده أو دليله

    Principle 3912The judge's authority to reduce interest, whether statutory or contractual, or not to award it. Conditions for its exercise. The creditor's fault is insufficient; his bad faith and deliberate intent to harm the debtor muPleadings — Part Two · Source page ٧٣١
  2. Principle 3913A defence for which evidence was not submitted to the court of merits. Disregarding it. No defect. Example.Pleadings — Part Two · Source page ٧٣١
  3. Principle 3914A bare defense for which its proponent submitted no evidence. The judgment’s omission to respond to it. Does not vitiate it. Example.Pleadings — Part Two · Source page ٧٣١
  4. Principle 3915A defense for which no supporting document or evidence has been submitted. No fault attaches to the judgment if it does not decide it.Pleadings — Part Two · Source page ٧٣١
  5. Principle 3916Failure to respond to a defence for which its proponent has submitted no evidence does not vitiate the judgment. Example.Pleadings — Part Two · Source page ٧٣١
  6. Principle 3917The defence that the court is obliged to address and answer. Its nature. - A defence unsupported by evidence. The court's disregard thereof. Does not vitiate its judgment.Pleadings — Part Two · Source page ٧٣١
  7. Principle 3919A defence whose evidence or supporting document has not been submitted to the court of fact. A defence devoid of evidence, and the court is not at fault if it disregards it.Pleadings — Part Two · Source page ٧٣١
  8. Principle 3920The judgment’s omission to respond to a manifestly invalid defense or one for which evidence was not submitted. No defect. - 731 - Civil ProcedurePleadings — Part Two · Source page ٧٣١
  9. Principle 3921Treating real property for which a creditor submits an attachment application as attached. Its condition. That the creditor submit an attachment application and that an enforcement officer proceed to the Real Estate RegiPleadings — Part Two · Source page ٧٣٢
  10. Principle 3922A defense for which supporting material has not been submitted. The court is not obliged to direct the party to provide evidence thereof. Its effect. No fault attaches to it for disregarding this defense. Example.Pleadings — Part Two · Source page ٧٣٢
  11. Principle 3923The trial court is not to be faulted for failing to respond to a defence for which no evidence was submitted to it.Pleadings — Part Two · Source page ٧٣٢

  12. - الدفاع الذي تعلق بخصم آخر

    Principle 3926The parties to an employment contract may agree to reduce the worker’s wage, whether by amending an existing contract or concluding another contract. Its import. The employer’s obligation to pay that wage. Multiple emploPleadings — Part Two · Source page ٧٣٢
  13. Principle 3927Challenging a judgment for omitting a request or defence not submitted by the litigant but submitted by another. Inadmissible. Example.Pleadings — Part Two · Source page ٧٣٣

  14. - الدفاع ظاهر البطلان أو الفساد

    Principle 3928Invoking a defence concerning another litigant. Impermissible. - A manifestly invalid or unsound defence:-Pleadings — Part Two · Source page ٧٣٣
  15. Principle 3929New claims on appeal. Inadmissible. An incidental claim on appeal. A new claim. The appellate judgment’s failure to respond to it. Does not vitiate it, since it is a new claim.Pleadings — Part Two · Source page ٧٣٣
  16. Principle 3931A defence unsupported by evidence or manifestly unsound. The judgment’s disregarding it. No defect.Pleadings — Part Two · Source page ٧٣٣
  17. Principle 3932The ministerial decision increasing the consideration for use of industrial plots is not an administrative decision. It has no immunity barring judicial review. - A judgment is not at fault for failing to respond to a maPleadings — Part Two · Source page ٧٣٣
  18. Principle 3933Identity of parties, subject matter and cause required for a judgment to have res judicata effect. Its nature. Example of different causes in two actions owing to a different insurance policy in each. - A defence withoutPleadings — Part Two · Source page ٧٣٣
  19. Principle 3934Assessing evidence and examining documents. Within the authority of the court of merits. - 733 - Civil Procedure - A manifestly invalid defense or one that does not rest on a sound legal basis. Failure to answer it does Pleadings — Part Two · Source page ٧٣٣
  20. Principle 3935A defense not resting on a sound legal basis. Failure to respond to it does not render the judgment defective.Pleadings — Part Two · Source page ٧٣٤
  21. Principle 3939The judgment’s disregard of documents submitted by the appellant to demonstrate the respondent’s certain knowledge of the appealed judgment before filing the appeal. Does not render it defective, this being a manifestly Pleadings — Part Two · Source page ٧٣٤
  22. Principle 3940Prohibition on connecting electricity to a building in which a violation of the permit conditions occurs. Its purpose. The public interest and the interests of individuals. Establishment that harm to these two interests Pleadings — Part Two · Source page ٧٣٤
  23. Principle 3941A manifestly invalid defence. No fault attaches to the judgment if it does not answer it. Example of a plea that a sale contract is a sham owing to collusion and fraud.Pleadings — Part Two · Source page ٧٣٤
  24. Principle 3943The defense to which the court must respond. Its nature. - 734 - Civil Procedure - The bank managing debts purchased by the State. It may supervise the management of pledged assets and the operations undertaken in respecPleadings — Part Two · Source page ٧٣٤
  25. Principle 3944The trial court is not required to follow the litigants through their various statements and arguments and respond separately to every statement or argument they raise. Its condition. - The judgment’s failure to respond Pleadings — Part Two · Source page ٧٣٥
  26. Principle 3946Mutual rescission of a contract. Its nature: an agreement between its parties, after its conclusion and before its termination, to cancel it by express or implied offer and acceptance. - The party asserting that mutual rPleadings — Part Two · Source page ٧٣٥
  27. Principle 3948The debtor's bankruptcy and the creditor's failure to lodge his debt in the bankruptcy proceedings. Its effect. Loss of his right of recourse against the guarantor to the extent of what he would have recovered had he lodPleadings — Part Two · Source page ٧٣٦
  28. Principle 3949A manifestly invalid plea. The court of merits’ disregard of it. No defect. - A request to annul the decision refusing to grant special leave and the consequences resulting therefrom, particularly acceptance of the resigPleadings — Part Two · Source page ٧٣٦
  29. Principle 3950Payment of earnest money upon conclusion of the contract. Its import. Each party has the option to withdraw from it; the payer forfeits it if the payer withdraws, and the recipient returns it and pays an equivalent amounPleadings — Part Two · Source page ٧٣٦
  30. Principle 3953A legally binding admission. Its nature. - The judgment's failure to respond to a manifestly unfounded defence. Does not vitiate it. Example.Pleadings — Part Two · Source page ٧٣٦
  31. Principle 3955The judgment’s failure to respond to a manifestly unsound defence. Does not render it defective. An example. - 736 - Civil ProcedurePleadings — Part Two · Source page ٧٣٦
  32. Principle 3956It being established that the judgment based the obligation to pay Sharia blood money on the provisions governing liability for things. Criticizing it for awarding Sharia blood money on the basis of breach of the contracPleadings — Part Two · Source page ٧٣٧
  33. Principle 3957Proceedings upon a petition for reconsideration. A ruling therein that the petition is inadmissible. Its necessary consequence. The claims, pleas, and defences raised by the appellant relating to the merits of the petitiPleadings — Part Two · Source page ٧٣٧
  34. Principle 3958A defense not resting on a sound factual and legal basis. The judgment need not respond to it. - The provision in Article 297 of Procedure requiring service of the travel ban order upon the person against whom it was issPleadings — Part Two · Source page ٧٣٧

  35. واقع أو قانون

    Principle 3959The Municipality bringing the action. Its subsequent assertion of its inadmissibility because the appellants—against the judgment rendered therein—did not submit their claim at the time of planning and exploitation of thPleadings — Part Two · Source page ٧٣٧
  36. Principle 3960The defense whose omission from the response taints the judgment with insufficient reasoning is a material defense. Its nature. It is one which, if valid, would change the outcome of the action.Pleadings — Part Two · Source page ٧٣٧
  37. Principle 3961A request or defense not founded on a basis in fact or law. A separate response to it is unnecessary. - 737 - Civil Procedure - Once the court reserves the case for judgment, the litigants’ connection with it is severed Pleadings — Part Two · Source page ٧٣٧
  38. Principle 3962The litigants are responsible for the grounds of defence they advance. Once the action is reserved for judgment, their connection with the proceedings is severed except to the extent permitted by the court. Implication tPleadings — Part Two · Source page ٧٣٨
  39. Principle 3963The court’s exclusion of a defence memorandum submitted after the time limit. The defence contained therein is regarded as not submitted.Pleadings — Part Two · Source page ٧٣٨
  40. Principle 3964Reserving the action for judgment after the close of pleadings therein. Its effect. The court is not obliged to grant the parties’ request to reopen pleadings therein. Reason therefor.Pleadings — Part Two · Source page
  41. Principle 3965The sanction of deeming the action or appeal as never having been brought. Is prescribed for the benefit of litigants who have not been served. The effect of this. A defense advanced by others is unsupported by law, and Pleadings — Part Two · Source page
  42. Principle 3966The court of merits is obliged to respond only to a defence resting on a valid basis.Pleadings — Part Two · Source page
  43. Principle 3967Combining two awards of compensation for the same damage. Impermissible. Basis for a plea to that effect. The injured party must have actually received compensation or been awarded it. The mere existence of a right therePleadings — Part Two · Source page
  44. Principle 3968The trial court must give the action its correct legal characterization without being bound by the litigants’ characterization of it. The condition for this: adhering to the limits of the cause of action without adding aPleadings — Part Two · Source page
  45. Principle 3969A defense not founded on a sound basis. The judgment is under no obligation to respond to it.Pleadings — Part Two · Source page
  46. Principle 3971A defense relating to facts or involving mixed questions of fact and law that was not previously raised before the court of merits. It may not be maintained before the Court of Cassation. Its implication: the papers contPleadings — Part Two · Source page
  47. Principle 3972A judgment’s omission to respond to a defense unsupported by the correct law and manifestly invalid. Does not constitute inadequacy. Example. - An incorrect defense or one not submitted to the court:-Pleadings — Part Two · Source page
  48. Principle 3973The record containing no particular defense. Raising a ground of challenge concerning its having been made. An incorrect ground of challenge.Pleadings — Part Two · Source page
  49. Principle 3974The defence whose non-response renders the judgment inadequate. It is the material defence which, if valid, would alter the view taken of the action. Failure to respond to a defence far removed from correctness. No defecPleadings — Part Two · Source page
  50. Principle 3975Establishment that the request to reopen pleadings in the action and the defence it contained were submitted after delivery of the judgment. Treating it as a defence not submitted to the court.Pleadings — Part Two · Source page
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