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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Principle 4088The court of merits. No reproach attaches to it if it does not order an evidentiary measure that was not requested of it and that it did not consider necessary to undertake.Pleadings — Part Two · Source page ٧٥٦- Principle 4089Deriving judicial presumptions and examining indicia and documents. Within the authority of the court of merits, which decides the action according to the evidence presented to it and is not obliged to require the litigaPleadings — Part Two · Source page ٧٥٦
- Principle 4090A defense for which its supporting document or evidence has not been submitted. Disregarding it. Does not render the judgment defective. - The court of merits is not obliged to require litigants to submit evidence supporPleadings — Part Two · Source page ٧٥٧
- Principle 4091Directing the parties to provide evidence of their defense or drawing their attention to its requirements. The trial court is not obliged to do so, nor to undertake evidentiary procedures. Its condition.Pleadings — Part Two · Source page ٧٥٧
- Principle 4092Directing litigants to provide evidence of their defence or drawing their attention to its requirements. The trial court is not obliged to do so. Example of a litigant's failure to submit evidence of his defence.Pleadings — Part Two · Source page ٧٥٧
- Principle 4093A defence that is unavailing in the action. Criticizing the judgment in respect of its response thereto. Of no avail. Example. - Directing a litigant to submit evidence of his defence or drawing his attention to its requPleadings — Part Two · Source page ٧٥٧
- Principle 4094Directing a party to submit evidence of a defense for which he has submitted no support or proof. The court is not obliged to do so, nor is it at fault if it disregards that defense. Example.Pleadings — Part Two · Source page ٧٥٧
- Principle 4095Presenting grounds of defence. A matter for the litigants alone. - The court's authorization of litigants to submit memoranda when reserving the action for judgment. Unnecessary.Pleadings — Part Two · Source page ٧٥٧
- Principle 4096The burden of proof rests on the person asserting what is contrary to the original presumption. - Directing a litigant to submit evidence for a defence whose supporting basis he has not submitted. The court is not obligePleadings — Part Two · Source page ٧٥٧
- Principle 4098Understanding the facts of the action and interpreting contracts, instruments, acknowledgments, and disputed conditions to ascertain the truth therefrom and what best fulfills the contracting parties’ intention. Within tPleadings — Part Two · Source page ٧٥٨
- Principle 4099Interpretation of instruments, examination of documents and indications, and weighing them against each other. Within the authority of the court of merits. Condition thereof. It is not obliged to require litigants to subPleadings — Part Two · Source page ٧٥٨
- الدفاع الذي يُعد مطروحاً على محكمة الاستئناف
Principle 4100Directing the parties to provide evidence of their defense or drawing their attention to its requirements. The trial court is not obliged to do so. - The decisive oath. Tendering it. Its condition. It must be conclusive Pleadings — Part Two · Source page ٧٥٨- Principle 4101An appeal transfers the action to the appellate court with the grounds presented therein before the court of first instance. The appellant's reliance before the court of first instance on a material defence. The respondePleadings — Part Two · Source page ٧٥٨
- الدفاع الذي لم تقيد المحكمة الخصوم بشأنه على نحو محدد
Principle 4102The devolutive effect of an appeal. Its implication is that the pleas and defences raised before the court of first instance are deemed submitted to the Court of Appeal. The condition therefor. They have not been waived.Pleadings — Part Two · Source page ٧٥٨- Principle 4103A party’s request for an evidentiary measure. Reserving the action for judgment and deciding its merits. A complaint of infringement of the right of defense. Has no basis. Reason therefor. The parties are responsible forPleadings — Part Two · Source page ٧٥٩
- الدفاع الوارد بمذكرات أو مستندات لم يطلع الخصم عليها
Principle 4104A litigant’s presenting his defense in a particular manner without restriction by the court before which the dispute is brought. Subsequently alleging that it breached his right of defense. Impermissible. Example. - A dePleadings — Part Two · Source page ٧٥٩- الطلب أو الدفاع الجوهري
Principle 4105Reserving the case for judgment without authorizing the submission of documents. Refusal to accept documents. Does not constitute an infringement of the right of defense. The reason therefor. - The material request or dePleadings — Part Two · Source page ٧٥٩- Principle 4107Issuance of a judgment in a litigant's absence without service of the statement of claim upon him, or with service at a fictitious domicile. Deprives it of one of its essential elements. The implication: it has no res juPleadings — Part Two · Source page ٧٥٩
- Principle 4108Appeal is a second stage afforded by law to the party against whom judgment was rendered at the first stage to defend his right anew. - New claims. Prohibited before the Court of Appeal. - A claim in an action. Its meaniPleadings — Part Two · Source page ٧٦٠
- Principle 4109The claim or defense that the trial court must investigate, address, and respond to. Its nature. - Rules of evidence do not concern public policy. The appellant’s failure before the trial court to assert that the photocoPleadings — Part Two · Source page ٧٦٠
- تقديم مستند دلالة التمسك بصحة ما جاء به
Principle 4110A claim or defense presented before the court of merits, on which a determination is unequivocally requested, and which is capable of changing the outcome of the action: the court must answer it. Failure to do so. Its juPleadings — Part Two · Source page ٧٦٠- المستندات وأوجه الدفاع المقدمة. إعلان الخصم بها غير لازم
Principle 4111A litigant’s submission of a document before the court of merits. Indicates his adherence to the correctness of its contents. - Documents and grounds of defense submitted. Service thereof on the opposing party is unnecesPleadings — Part Two · Source page ٧٦٠- التزام المحكم بحماية حقوق الدفاع
Principle 4112Documents and grounds of defense submitted by a party during consideration of the action. Constitute part of the case record on which the court may rely in its ruling. The condition therefor. They must have been includedPleadings — Part Two · Source page ٧٦٠- الدفاع الجديد أمام محكمة التمييز
Principle 4113The arbitrator's obligation to respect the rules prescribed in the chapter on arbitration, respect the general principles of the Civil Procedure Law, and protect the rights of defence. - A new defence before the Court ofPleadings — Part Two · Source page ٧٦١- Principle 4114A plea that the action is inadmissible for lack of interest. A defence involving questions of fact. It may not be invoked for the first time before the Court of Cassation.Pleadings — Part Two · Source page ٧٦١
- Principle 4115The Court of Cassation’s task in reviewing the court of merits. Confined to what was presented before the latter. Its effect: reliance on a defense based on facts not previously presented to the court of merits. ImpermisPleadings — Part Two · Source page ٧٦١
- Principle 4116Establishment that the father is a Saudi national. Its implication. Application of the Hanbali school followed under Saudi law. The boy’s attainment of the age of seven. Its effect. Giving him a choice between his parentPleadings — Part Two · Source page ٧٦١
- Principle 4117Requesting the court of merits to determine a defense whose supporting document or evidence has not been submitted to it. Impermissible. - Reliance before the Court of Cassation on documents not previously presented to tPleadings — Part Two · Source page ٧٦١
- Principle 4118The appellant's failure to maintain his defense before the court of merits. Its effect. Its being regarded as a new defense that may not be maintained for the first time before the Court of Cassation.Pleadings — Part Two · Source page ٧٦٢
- Principle 4119A legal defense intermingled with fact and a legal ground relating to public order based on a factual element not previously submitted to the court of merits. May not be invoked for the first time before the Court of CasPleadings — Part Two · Source page ٧٦٢
- ما لا يُعد دفاعاً
Principle 4120A defense based on factual elements not previously raised before the trial court. May not be invoked for the first time before the Court of Cassation. Example concerning a disagreement between the husband, the wife’s arbPleadings — Part Two · Source page ٧٦٢- Principle 4121A request to reopen the action for pleadings. Granting it is within the unfettered discretion of the trial court. Its refusal to grant it. Does not constitute an infringement. Of the right of defence.Pleadings — Part Two · Source page ٧٦٢
- Principle 4122A request to reopen pleadings in the action after it has been reserved for judgment, through submission of documents or memoranda, does not constitute a plea or defence. Its assessment is for the court of merits. Its faiPleadings — Part Two · Source page ٧٦٢
- الدفاع الذي يرتب المسئولية
Principle 4124The defense that the trial court must address and express its view on is the material defense whose acceptance would change the view taken of the action. Its constituent basis. - The defense that gives rise to liability:Pleadings — Part Two · Source page ٧٦٣- أثر تمييز الحكم على الدفاع الذي أبدى من قبل في الدعوى
Principle 4125Malicious defense or litigation gives rise to liability. - The effect of cassation of the judgment on the defense previously raised in the action:-Pleadings — Part Two · Source page ٧٦٣- الدفاع المتعلق بالإثبات
Principle 4126Cassation of the judgment has the effect of eliminating it, erasing its res judicata effect, and extinguishing the rights it declared or established that were the subject of the quashed adjudication. The dispute and the Pleadings — Part Two · Source page ٧٦٣- Principle 4127The judgment’s omission to conduct an investigation. Does not render it defective, so long as the case has no need for it.Pleadings — Part Two · Source page ٧٦٣
- Principle 4128Permitting a litigant to submit a memorandum when the case is reserved for judgment falls within the authority of the court of merits. The court's failure to take a measure that was not requested of it. No infringement oPleadings — Part Two · Source page ٧٦٣
- الدفاع الجوهري الذي يرتب القصور
Principle 4129A litigant’s insistence on referring the action for evidentiary investigation. His subsequent submission of memoranda in which he did not maintain this request, followed by his submission of a memorandum containing indicPleadings — Part Two · Source page ٧٦٣- Principle 4130A party’s submission of documents and reliance on their significance. The judgment’s failure to examine them despite their materiality. Deficiency and infringement of the right of defense. - Ascertaining the facts of thePleadings — Part Two · Source page
- Principle 4131Reliance on a material defense. Failure to respond to it constitutes inadequate reasoning and a breach of the right of defense requiring cassation of the judgment.Pleadings — Part Two · Source page
- Principle 4132Every unequivocal request whose granting may result in a change in the view taken of the case must be answered by the court of merits with specific reasons; otherwise, its judgment is defective.Pleadings — Part Two · Source page
- Principle 4133Determining the elements of damage included in calculating compensation is a matter of law subject to review by the Court of Cassation. Assessing compensation as a lump sum on the basis of the elements of damage and withPleadings — Part Two · Source page
- Principle 4134The appellate judgment's modification of the custody housing allowance. The respondent having previously raised before the court of first instance that he had set aside a dwelling for the 2 minors. A material defense. ThPleadings — Part Two · Source page
- Principle 4135The defence concerning the loss of a blank cheque, the opposing party's finding it, falsifying its particulars, and falsely reporting its issuer for the offence of issuing a cheque without sufficient funds in order to coPleadings — Part Two · Source page
- Principle 4136The judgment's omission to discuss the litigant's documents despite their significance, which may alter the view taken of the action. Inadequacy. Example. - 764 - Civil Procedure - A defence not authorized after the actiPleadings — Part Two · Source page
- Principle 4137Submission of documents while the case is reserved for judgment. Their submission was not authorised. The court's disregarding them. Does not vitiate its judgment.Pleadings — Part Two · Source page
- Principle 4138Once the court reserves the action for judgment, the litigants' connection with it is severed except to the extent permitted by the court. A defence submitted without authorization. The court is not to be faulted for disPleadings — Part Two · Source page
- Principle 4139A ruling that the appeal is inadmissible in form. Failure to address a plea or defence. No deficiency. The reason therefor.Pleadings — Part Two · Source page
- Principle 4141An appeal. Its effect. Pleas and defenses advanced before the court of first instance are considered to be before the Court of Appeal. The condition for this. They have not been waived.Pleadings — Part Two · Source page