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 غير الصحيح أو غير المطروح على المحكمة

    Principle 3976A defense not resting on a sound factual or legal basis. Disregarding it. No defect. Example. - 739 - ProcedurePleadings — Part Two · Source page ٧٣٩

  2. - الدفاع الذي تتضمن أسباب الحكم رداً ضمنياً عليه

    Principle 3977An incorrect defense. No fault attaches to the judgment if it does not respond to it. - A defense to which the reasons for the judgment contain an implicit response:-Pleadings — Part Two · Source page ٧٤٠
  3. Principle 3978Following the litigants through their various statements and arguments and responding to each separately. Not necessary. Sufficiency of an implicit response.Pleadings — Part Two · Source page ٧٤٠
  4. Principle 3980Following the litigants through their various statements and arguments and responding to them separately. Not necessary for the soundness of the judgment so long as what it sets out contains an implicit response defeatinPleadings — Part Two · Source page ٧٤٠
  5. Principle 3981Responding to the litigants' various arguments and defenses. Not necessary for the validity of the judgment so long as the court has based its decision on sound reasons. An implicit response is sufficient.Pleadings — Part Two · Source page ٧٤٠
  6. Principle 3982For a judgment to be valid, it must rest on grounds directed to the decisive point of the dispute, addressing every claim or material defense. - The judgment’s addressing all the litigants’ arguments and aspects of defenPleadings — Part Two · Source page ٧٤٠
  7. Principle 3983The trial court is not obliged to direct a party to provide evidence of its defense or draw its attention to its requirements.Pleadings — Part Two · Source page ٧٤٠

  8. - الدفاع غير المنتج أو غير المؤثر في نتيجة الحكم

    Principle 3984A plea of inadmissibility is a matter preliminary to determination of the merits. Whenever the court decides to join them, it must alert the litigants to present their defence on the subject matter of the litigants. And Pleadings — Part Two · Source page ٧٤٠
  9. Principle 3985The ownership claimant’s contention that the defendant’s title deed is invalid. Of no avail so long as he has not established his own ownership.Pleadings — Part Two · Source page ٧٤١
  10. Principle 3986No fault lies with the court if it disregards a defense lacking seriousness. Example. Reliance on a copy of a document attributed to the appellant.Pleadings — Part Two · Source page ٧٤١
  11. Principle 3987The sale of another’s property under the former Commercial Law 2 of 1961 does not transfer ownership of the immovable property sold unless the true owner ratifies it. Alleging the commercial nature of the disposition. AnPleadings — Part Two · Source page ٧٤١
  12. Principle 3988The insurer’s right of recourse against the insured in the cases authorized for it by Article 76 of the Executive Regulations of the Traffic Law. Their being considered a sanction under the insurance contract even if thePleadings — Part Two · Source page ٧٤١
  13. Principle 3989The judgment's disregarding a defense that is immaterial or unsupported by evidence. Does not render it defective.Pleadings — Part Two · Source page ٧٤١
  14. Principle 3990The administration’s assertion before the court of first instance that the delegation to accept the resignation was oral. Its submission on appeal of a delegation bearing no date from which it could be inferred that the Pleadings — Part Two · Source page ٧٤١
  15. Principle 3991Omission to respond to a defense having no effect. Does not constitute deficiency. The reason therefor. The court is obliged to respond only to a material defense. - 741 - Civil ProcedurePleadings — Part Two · Source page ٧٤١
  16. Principle 3992The judgment basing its ruling rejecting the appellant's defence on two grounds. Establishment of the correctness and sufficiency of one of them. Faulting it in respect of the other. Ineffectual. Example.Pleadings — Part Two · Source page ٧٤٢
  17. Principle 3993A judgment based on several mutually supporting presumptions. Its effect. Each may not be discussed separately. - The judgment's establishment of its ruling on several grounds. The validity and sufficiency of one of themPleadings — Part Two · Source page ٧٤٢
  18. Principle 3994The judgment delivered on a grievance against a precautionary attachment order. An interim judgment having no binding authority before the judge of merits. - An unavailing defence. The judgment’s failure to answer it doePleadings — Part Two · Source page ٧٤٢
  19. Principle 3995A defense already determined in a previous judgment. Not examining it again. No defect.Pleadings — Part Two · Source page ٧٤٢
  20. Principle 3996The court’s inference from the appellant’s admission before it and the expert report that he signed the instrument with his signature. His request to appoint a panel of experts to compare his signature is of no avail to Pleadings — Part Two · Source page ٧٤٢
  21. Principle 3997Taking into account any pension or gratuity granted to the injured party when assessing compensation. Has no place unless it was granted exceptionally on account of the damage that is the subject of compensation. The wifPleadings — Part Two · Source page ٧٤٢
  22. Principle 3998The obligation of the court of merits to adhere to the litigants’ claims and not go beyond them. The challenged judgment’s granting the respondent’s request for separation without proceeding to determine financial obligaPleadings — Part Two · Source page ٧٤٢
  23. Principle 3999The defense to which the court of merits is obliged to respond. Its nature. A material defense that is influential and consequential in the action and changes its outcome. An example of an inconsequential defense.Pleadings — Part Two · Source page ٧٤٣
  24. Principle 4000Service of the decision restoring the action to the docket. Is not considered renewal of the action after it was struck out. There is no basis for requiring its completion within ninety days. Faulting the judgment that rPleadings — Part Two · Source page ٧٤٣
  25. Principle 4002A defense having no effect on the outcome of the judgment. The judgment’s disregard of it. Does not render it defective.Pleadings — Part Two · Source page ٧٤٣
  26. Principle 4003Basing the judgment on two grounds. The validity of its foundation on one of them. Challenging it as to the other. Ineffectual. Example.Pleadings — Part Two · Source page ٧٤٣
  27. Principle 4005A defense that does not affect the outcome of the judgment. Its disregard of it. Does not render it defective. Reason thereof. Example.Pleadings — Part Two · Source page ٧٤٣
  28. Principle 4006Omission to respond to a defense having no effect on the outcome reached by the judgment. Does not constitute deficiency. The reason therefor. The court is obliged to respond only to a material defense capable of affectiPleadings — Part Two · Source page ٧٤٣
  29. Principle 4007The judgment's omission to respond to a defence having no effect on the outcome it reached. Does not vitiate it. Reason therefor.Pleadings — Part Two · Source page ٧٤٤
  30. Principle 4008Failure to answer a defence that does not affect the conclusion reached by the challenged judgment. Does not constitute deficiency. The reason therefor. Example of what does not constitute deficiency.Pleadings — Part Two · Source page ٧٤٤
  31. Principle 4011The judgment’s failure to examine and respond to a material defense. A deficiency in reasoning invalidating it. Example.Pleadings — Part Two · Source page ٧٤٤
  32. Principle 4012The validity of judgments. Its condition. Their being based on reasons that examine and scrutinize every request or material defense that may affect determination of the action. - Assessment of evidence. Falls within thePleadings — Part Two · Source page ٧٤٤

  33. - الدفاع الذي لم يبد بصيغة جازمة

    Principle 4014A defense relating to a request not presented in unequivocal terms. Inadequacy of the judgment’s response to it. Does not render it defective. An example concerning calculation of interest on accrued interest not presentPleadings — Part Two · Source page ٧٤٥
  34. Principle 4015The request that requires a response is one submitted in unequivocal terms indicating its proponent's insistence upon it.Pleadings — Part Two · Source page ٧٤٥
  35. Principle 4016Challenge by denial. Must be expressed in unequivocal terms indicating that the person denying disclaims having made the signature. Article 13, Evidence.Pleadings — Part Two · Source page ٧٤٥
  36. Principle 4017The vehicle in the requests to which the judgment is obliged to respond is the final requests. An example of what does not constitute a final request. - A request for referral for evidentiary investigation is not a rightPleadings — Part Two · Source page ٧٤٥
  37. Principle 4018The request that requires a response. Is one submitted in unequivocal terms indicating its proponent's insistence upon it.Pleadings — Part Two · Source page ٧٤٥

  38. - الدفاع الغير مقبول

    Principle 4020A legal defense intermingled with fact and a legal ground relating to public order based on a factual element. May not be raised for the first time before the Court of Cassation. - 745 - Civil ProcedurePleadings — Part Two · Source page ٧٤٥
  39. Principle 4021A defense based on facts. May not be invoked for the first time before the Court of Cassation.Pleadings — Part Two · Source page ٧٤٦
  40. Principle 4022Rules of evidence. Are not matters of public policy. Effect thereof. - A defence that was not presented to the trial court. May not be raised before the Court of Cassation.Pleadings — Part Two · Source page
  41. Principle 4023A challenge alleging invalidity of service of the statement of claim. Inadmissible so long as the judgment did not rely upon that service in its ruling. - A defence involving questions of fact. Not previously submitted tPleadings — Part Two · Source page
  42. Principle 4024A defense involving mixed questions of fact and law may not be raised for the first time before the Court of Cassation. An example concerning a plea that the action may not be heard.Pleadings — Part Two · Source page
  43. Principle 4025Ascertaining the facts of the action. Falls within the trial court’s authority. Provided that it bases its ruling on sound reasons that suffice. - A new defense not previously presented to the trial court. Invoking it bePleadings — Part Two · Source page
  44. Principle 4026A litigant’s service of his defense memorandum on his opponent within the period fixed by the court. The court’s exclusion of it. Infringement of the right of defense. - 746 - Civil ProcedurePleadings — Part Two · Source page
  45. Principle 4027The judgment's failure to answer a material defense that may change the outcome of the action. Renders it defective for insufficient reasoning. Example of a material defense.Pleadings — Part Two · Source page
  46. Principle 4029A litigant’s maintaining a defense is material. The judgment’s failure to scrutinize it. Renders it defective for inadequacy. - A judgment basing its ruling on a matter it assumed without evidence thereof or the source fPleadings — Part Two · Source page
  47. Principle 4030Determining whether expressions used by a litigant are required for the defense. A matter for the court of merits. Its condition. That it base its ruling on reasonable grounds. - Characterization of an act as constitutinPleadings — Part Two · Source page
  48. Principle 4031The court may not take account of memoranda submitted within the period set when reserving the action for judgment, or the defenses contained therein, unless it is established that the opposing party has reviewed them anPleadings — Part Two · Source page
  49. Principle 4032Inferring the fault giving rise to liability and the causal relationship between fault and damage is exclusively for the trial court. Condition thereof. That it state reasonable grounds leading to its conclusion. ExamplePleadings — Part Two · Source page
  50. Principle 4033The court must address the documents affecting the action. Its merely setting them out without determining the defence based on them. Its effect. Deficiency of its judgment. Example. - 747 - ProcedurePleadings — Part Two · Source page
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