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. - ما يوفره

    Principle 4034The judgment’s adoption of the conclusion of the expert’s report, which did not specify the damage on which his opinion settled, without scrutinizing the appellant’s defense supported by documents. Vitiates it and requirPleadings — Part Two · Source page ٧٤٨
  2. Principle 4035The arbitrator’s failure to meet the Sharia requirements because he suffers from psychological and mental disorders and graduated from one of the special institutes of the Ministry of Social Affairs and Labour, which supPleadings — Part Two · Source page ٧٤٨
  3. Principle 4036The sanction of deeming the appeal as if it had not been, which the court may impose in the event of delay in serving the statement of appeal, is contingent upon that delay being attributable to the appellant’s act. Its Pleadings — Part Two · Source page ٧٤٨
  4. Principle 4037The person concerned by the disciplinary measure must be notified and given sufficient time to prepare his defense. This is required even where no provision stipulates it. Failure to complete that notification: its effecPleadings — Part Two · Source page ٧٤٨
  5. Principle 4038A final judgment is one that resolves the dispute between the parties and prevents a return to the same dispute through a subsequent action. Contravention thereof renders it defective for infringement of the right of defPleadings — Part Two · Source page ٧٤٨
  6. Principle 4039A litigant's submission of documents to the court of merits and reliance on their significance concerning the subject matter of the dispute. The judgment's disregard of them and failure to investigate his defence based uPleadings — Part Two · Source page ٧٤٨
  7. Principle 4040Conflict between the expert’s conclusion in the report and a material defense raised by a party and supported by documents submitted by that party. The court must scrutinize this defense in light of those documents. FailPleadings — Part Two · Source page ٧٤٨
  8. Principle 4041The judgment's recounting of the appellant's defence that his predecessor in title did not accept the agency granted to him, and its response to the defence that the latter performed acts of management, without identifyiPleadings — Part Two · Source page ٧٤٩
  9. Principle 4042A litigant’s submission of documents and reliance on their significance for the subject matter of the dispute. The judgment’s disregard of them, despite the significance they may have affecting the right in dispute and cPleadings — Part Two · Source page ٧٤٩
  10. Principle 4043Submission of a document bearing on the action obliges the court to examine and scrutinize it. Its disregard thereof. Vitiates its judgment. Example.Pleadings — Part Two · Source page ٧٤٩
  11. Principle 4045The court must address a document affecting the action and state its opinion on it. - The court's adoption of an expert report whose reasons do not lead to its conclusion and thus cannot answer a material defence maintaiPleadings — Part Two · Source page ٧٤٩
  12. Principle 4046The appellant’s insistence that her predecessor in title was the one who obtained the funds claimed in the action during his lifetime, that she bore no liability for them, and her request to refer the action for investigPleadings — Part Two · Source page ٧٥٠
  13. Principle 4047Challenging the judgment for breaching the right of defense by not granting the appellant’s request to adjourn the appeal and allow him time to file a new ground for invalidating the attachment. Inadmissible. So long as Pleadings — Part Two · Source page ٧٥٠
  14. Principle 4050The court of merits must address the documents submitted to it and state its opinion concerning their significance, affirmatively or negatively. Its stopping at merely setting out these documents without determining the Pleadings — Part Two · Source page ٧٥٠
  15. Principle 4051The judgment's failure to answer a defense unsupported by the correct law, manifestly invalid, or for which its proponent has submitted no evidence. Does not render it defective. Example.Pleadings — Part Two · Source page ٧٥٠

  16. - القصور:

    Principle 4052Obtaining an order prohibiting the debtor from traveling. Its condition. That the creditor’s right be certain in existence and due for payment, and that the creditor establish evidence of serious grounds giving reason toPleadings — Part Two · Source page ٧٥٠
  17. Principle 4053A party’s submission of documents capable of affecting determination of the action. The court’s failure to address them and their significance in its judgment. Deficiency in reasoning. Example.Pleadings — Part Two · Source page ٧٥١
  18. Principle 4054The trial judge has authority to assess the evidence. Condition thereof: that he not omit in his judgment a plea or a ground of material defence, base it on something contrary to what is established in the documents, or Pleadings — Part Two · Source page ٧٥١
  19. Principle 4055Raising a material defence that may change the view taken of the action. The court must answer it, otherwise its judgment is defective for deficiency.Pleadings — Part Two · Source page ٧٥١
  20. Principle 4056A party raising a material defense capable of changing the outcome of the action and substantiating it with documents submitted to the court of merits. Its necessary consequence. The obligation to scrutinize this defensePleadings — Part Two · Source page ٧٥١
  21. Principle 4057A judgment granting visitation. It must take account of the suitability of its time and place so as to enable the child’s family to see the child. - A litigant’s raising a material defense that would change the view takePleadings — Part Two · Source page ٧٥٢
  22. Principle 4058A litigant’s reliance on a material defense. The court must address it and scrutinize it by all means and respond to it with reasons sufficient to support its ruling; otherwise, its judgment is inadequately reasoned.Pleadings — Part Two · Source page ٧٥٢
  23. Principle 4059A litigant's maintaining a material defense. The court must address it, scrutinize it by all means, and express its opinion on it, affirmatively or negatively, with reasons sufficient to support it; otherwise its judgmenPleadings — Part Two · Source page ٧٥٢

  24. - ما لا يوفره

    Principle 4060Omission to respond to a material defense raised by a litigant. Inadequacy. - Establishment that the female assignor’s nationality is Lebanese, without dispute by the litigants. Its consequence. Lebanese law is the appliPleadings — Part Two · Source page ٧٥٢
  25. Principle 4061The appellant's failure to request from the court time to present his defense or permission to submit a memorandum during the period when the action is reserved for judgment. Challenging the court for infringement of thePleadings — Part Two · Source page ٧٥٢
  26. Principle 4062A litigant’s request to postpone the taking of evidence to bring rebuttal witnesses or to reopen the action for oral argument. The court is not required to grant it so long as it enabled the litigant to do so and oral arPleadings — Part Two · Source page ٧٥٣
  27. Principle 4063It suffices for the appellate judgment to refer to the reasons of the first-instance judgment for the facts, reasons, and response to the appellant’s defense contained in that judgment to become an integral part of it. EPleadings — Part Two · Source page ٧٥٣
  28. Principle 4064The contract of carriage places upon the carrier the obligation to deliver the goods intact and complete, in the described condition in which they were handed over to him, at the port of arrival. If damage befalls them, Pleadings — Part Two · Source page ٧٥٣
  29. Principle 4065The appellate court’s obligation to respond to pleas advanced before the court of first instance. Its condition: that they have not been waived expressly or implicitly. Implicit waiver of a defense advanced at first instPleadings — Part Two · Source page ٧٥٣
  30. Principle 4066The service report. An official instrument. What is recorded therein has absolute evidentiary force. Challenging it must be by a forgery challenge. Failure to challenge it for forgery. Its effect.Pleadings — Part Two · Source page ٧٥٣
  31. Principle 4067The court’s reliance on the Ministry of Health’s report in determining the date of onset of mental infirmity. It is not required to take any other measure. - The appellant’s failure to state the harm he suffered from thePleadings — Part Two · Source page ٧٥٣
  32. Principle 4068The spouses' disagreement over receipt of the dower. The wife's word prevails before consummation and the husband's thereafter, unless there is evidence or custom to the contrary. Example of a reasonable response to the Pleadings — Part Two · Source page ٧٥٣
  33. Principle 4069A defence whose supporting document or evidence has not been submitted to the court. The court may not be required to determine it. The reason therefor. It considers the dispute in light of the evidence and documents subPleadings — Part Two · Source page ٧٥٤
  34. Principle 4070A defense not resting on a sound legal basis. The court of merits is not obliged to respond to it.Pleadings — Part Two · Source page ٧٥٤
  35. Principle 4071A void contract and a voidable contract. The effect of each in relation to a particular successor. The absolute nullity of a contract because it includes an amendment to a limited partnership agreement without embodying Pleadings — Part Two · Source page ٧٥٤
  36. Principle 4072Ascertaining whether an encounter between the spouses was possible or not, and whether an express or implied acknowledgment of parentage was made by the husband. A matter of fact. Provided that it is reasonable. - FollowPleadings — Part Two · Source page ٧٥٤
  37. Principle 4073The court of merits has full power to examine the documents submitted to it, give preference to those it finds reliable, and draw the inferences it considers consistent with the facts of the action, provided they are reaPleadings — Part Two · Source page ٧٥٤

  38. - الطعن بالتزوير كوسيلة دفاع موضوعية

    Principle 4074Following the litigants through their various statements and arguments and responding separately to each. Not necessary. The condition for this. - A challenge alleging forgery as a means of substantive defense:-Pleadings — Part Two · Source page ٧٥٤

  39. تكليفهم بتقديم الدليل على دفاعهم ولفت نظرهم لمقتضياته

    Principle 4076Ruling on the authenticity or forgery of a document and on the merits together. Impermissible. The ruling on the allegation of forgery must precede the judgment on the merits of the case, even if a substantive defense haPleadings — Part Two · Source page ٧٥٥
  40. Principle 4077The trial court. Not obliged to direct the parties to provide evidence of their defense or draw their attention to the requirements of that defense.Pleadings — Part Two · Source page
  41. Principle 4078The trial court. It is not obliged to charge litigants with evidence of their defence or draw their attention to the requirements of that defence. It suffices that it base its ruling on the documents and evidence before Pleadings — Part Two · Source page
  42. Principle 4079Court of merits. It is not obliged to direct the litigants to submit evidence of their defence, to order documents to be joined to the record, or to refer the action for evidentiary investigation. The condition therefor.Pleadings — Part Two · Source page
  43. Principle 4080The court of merits. Not obliged to draw the parties’ attention to submitting material supporting their statements. A complaint relating thereto. Factual argument. Impermissible to raise it before the Court of Cassation.Pleadings — Part Two · Source page
  44. Principle 4081The trial court. It is not required to direct the litigants to present their defense or draw their attention to its requirements.Pleadings — Part Two · Source page
  45. Principle 4082Evidence of the defense or its requirements. The court of merits is not obliged to draw the litigant’s attention thereto.Pleadings — Part Two · Source page
  46. Principle 4083The court of merits. Decides the dispute in light of the evidence and documents submitted to it. Not obliged to direct the parties to submit evidence of their defenses or draw their attention to their requirements. It maPleadings — Part Two · Source page
  47. Principle 4084The trial court is not obliged to direct litigants to provide evidence of their defence or draw their attention to its requirements.Pleadings — Part Two · Source page
  48. Principle 4085The court determines the dispute in light of the evidence and documents submitted to it. No fault attaches to it for disregarding a defence based on a photocopy of a document where it afforded the litigant an opportunityPleadings — Part Two · Source page
  49. Principle 4086The court’s failure to take a measure that was not requested of it and for which it saw no reason. No defect.Pleadings — Part Two · Source page
  50. Principle 4087Faulting the court for failing to take a measure not requested of it. Inadmissible.Pleadings — Part Two · Source page
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