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. - الدفع الموضوعي

    Principle 4315The plea that an action may not be heard because it has previously been adjudicated, raised for the first time before the Court of Cassation. Its effect.Pleadings — Part Two · Source page ٧٩٤
  2. Principle 4316Judgments rendered during proceedings which do not conclude the litigation. The general rule. They may not be appealed independently. The exception. Provisional and urgent judgments, judgments staying proceedings, and juPleadings — Part Two · Source page ٧٩٤
  3. Principle 4317Conclusion of an assignment. Its effect. Its enforceability. Acceptance by the assigned debtor or notification thereof to that debtor. - Transfer of the very right, with its attributes, accessories and securities and thePleadings — Part Two · Source page ٧٩٤
  4. Principle 4318The insurer’s recourse action against the responsible third party. Its basis: subrogation by operation of law or by assignment of a right. The right passes to the assignee subject to lapse upon expiry of the same period Pleadings — Part Two · Source page ٧٩٤
  5. Principle 4319An action brought by a worker. The plea that it is time-barred upon the lapse of one year from the termination of the contract.Pleadings — Part Two · Source page ٧٩٥
  6. Principle 4320Effecting judicial set-off. It must be sought in the form of an incidental claim in the original action. Seeking it in the form of a defence to the opposing party's action or for the first time on appeal. Impermissible. Pleadings — Part Two · Source page ٧٩٥
  7. Principle 4321Statutory set-off where its conditions are satisfied. It may be sought by way of a defence by the defendant in the action brought against him by the claimant demanding a debt owed by him. Seeking it by way of an incidentPleadings — Part Two · Source page ٧٩٥
  8. Principle 4322A request for set-off. How it is made. Its submission in the form of an incidental claim. It may not be raised as a plea for the first time before the Court of Appeal.Pleadings — Part Two · Source page ٧٩٥
  9. Principle 4323Considering a contracting party to be in default or not in default in performing its obligations. Within the authority of the court of merits. The condition for this. An example concerning the defence of non-performance.Pleadings — Part Two · Source page ٧٩٥
  10. Principle 4326Suspension of limitation for the action for blood money throughout the period of suspension or interruption of limitation for the criminal action. - The limitation period for the action for blood money. It begins to run Pleadings — Part Two · Source page ٧٩٥
  11. Principle 4328The appellate court’s obligation to respond to pleas raised before the court of first instance. Its condition: that they have not been expressly or implicitly waived. Implicit waiver of a plea raised at first instance. IPleadings — Part Two · Source page ٧٩٦
  12. Principle 4329The plea of denial. The requirements for raising it. Silence by the person against whom a private instrument is invoked, without expressly denying that it emanated from him. Its effect. The signature is deemed his signatPleadings — Part Two · Source page ٧٩٦
  13. Principle 4330The plea that a party lacks standing in the action is established for the party for whose protection it was provided; its being raised by anyone else is inadmissible.Pleadings — Part Two · Source page ٧٩٦
  14. Principle 4331The creditor under a negotiable-instrument obligation may have recourse against the debtor by an action on the original debt, without the debtor being entitled to resist his action by defences derived from the negotiablePleadings — Part Two · Source page ٧٩٦
  15. Principle 4332A plea that the action may not be heard owing to the passage of time. Its application to an ownership action. Its condition. The State’s right to invoke this plea. The reason therefor.Pleadings — Part Two · Source page ٧٩٦
  16. Principle 4333The plea that an action may not be heard owing to lapse of time. Applies to an ownership action where the owner has left it for fifteen years despite grounds for bringing it arising from another's taking possession of thPleadings — Part Two · Source page ٧٩٦
  17. Principle 4334A judgment declaring a company void leaves behind a de facto company to be liquidated in accordance with the general rules governing a de facto company, and may not be invoked against third parties acting in good faith aPleadings — Part Two · Source page ٧٩٧
  18. Principle 4335Judicial set-off requires that it be raised in the form of an incidental claim submitted by the defendant in response to his opponent's original action. It may not be sought in the form of a plea or for the first time onPleadings — Part Two · Source page ٧٩٧
  19. Principle 4336Loss of life is among the matters for which full blood money is due. A claim for it shall not be heard after fifteen years have elapsed. The judgment's reaching that conclusion is correct.Pleadings — Part Two · Source page ٧٩٧
  20. Principle 4337The plea that proof by testimony is impermissible must be invoked before witnesses are heard. Failure to do so and its effect. The person with an interest in the plea is deemed to have waived his right to proof by the mePleadings — Part Two · Source page ٧٩٧
  21. Principle 4338The plea that an action may not be heard owing to lapse of time. It may be asserted at any stage of the proceedings unless the party asserting the plea has acted in a manner indicating its waiver. Example. Does not involPleadings — Part Two · Source page ٧٩٧
  22. Principle 4339Maintenance for the waiting period. Entitlement thereto from the date it becomes obligatory. It is extinguished only by payment or release. The provision in Article 78 of the Personal Status Law that an action shall not Pleadings — Part Two · Source page ٧٩٧
  23. Principle 4342The plea of prescription. Its effect. The court of merits must examine its statutory conditions, suspension and interruption. - The prescribed period for barring the hearing of an action. Its interruption by judicial demPleadings — Part Two · Source page ٧٩٨
  24. Principle 4343The plea that the plaintiff lacks standing. A substantive defence that the interested party may raise even on appeal.Pleadings — Part Two · Source page ٧٩٨
  25. Principle 4344The plea that an expert report is void because it is based on void procedures. Does not concern public policy and therefore may not be raised for the first time before the Court of Cassation.Pleadings — Part Two · Source page ٧٩٨
  26. Principle 4346The plea of limitation. The court of merits must examine its conditions. - The prescribed period barring the hearing of an action by limitation under Article 449 of the Civil Code. Is interrupted by the debtor's express Pleadings — Part Two · Source page ٧٩٨
  27. Principle 4350The plea of prescription. It is unrelated to public policy and must be invoked before the court of merits, and invoking one type of prescription before it does not dispense with invoking another type of prescription. ThePleadings — Part Two · Source page ٧٩٩
  28. Principle 4354The plea that the period prescribed by law for bringing the action has expired. A substantive plea of inadmissibility concerning the right to bring the action as a right separate from the right for whose protection it waPleadings — Part Two · Source page ٨٠٠
  29. Principle 4355The plea of limitation. A substantive plea. - A judgment declaring the action inadmissible for absence of one of the conditions relating to the validity of its procedures. Its effect. The judgment's disregarding the defePleadings — Part Two · Source page ٨٠٠

  30. - الأثر الناقل للاستئناف وما سبق إبداؤه من دفوع

    Principle 4361Intervention asserting an independent claim in the action. Its effect. The intervener is regarded as a party to the action like the original parties and occupies the position of claimant vis-à-vis the claimant and defendPleadings — Part Two · Source page ٨٠١
  31. Principle 4362The devolutive effect of an appeal. Its implication. Pleas and defences raised before the court of first instance are deemed submitted to the Court of Appeal. The condition thereof. That they have not been waived. - 801 Pleadings — Part Two · Source page ٨٠١

  32. - الدفاع ببطلان صحيفة الاستئناف

    Principle 4363Appeal. Its effect. Resubmission of the dispute to the court of second instance within the limits of what has been appealed, together with its legal grounds and factual evidence. - The provision in Article 20 of the AgrePleadings — Part Two · Source page ٨٠٢

  33. - الدفع ببطلان صحيفة التمييز

    Principle 4364An appeal petition filed by the Government and public institutions against judgments rendered in administrative actions must be signed by a member of the Department of Legal Advice and Legislation. No particular form is Pleadings — Part Two · Source page ٨٠٢

  34. - الحكم في الدفع

    Principle 4366The court of merits may rule on pleas separately or join them to the merits. The condition thereof.Pleadings — Part Two · Source page ٨٠٣
  35. Principle 4367The appellate court’s ruling that the appeal is admissible in form implicitly entails a ruling rejecting the plea that the appeal be deemed never to have been filed. Example.Pleadings — Part Two · Source page ٨٠٣
  36. Principle 4368A plea not expressly addressed by the court of merits in its judgment. The grounds upon which the judgment was based being capable of constituting implicit grounds for rejecting the plea. The judgment may not be challengPleadings — Part Two · Source page ٨٠٣

  37. - الرد على الدفوع

    Principle 4369Issuing an order affixing the executory formula to an arbitral award. Its condition. Ascertaining the absence of impediments to its enforcement. Lapse of the award through passage of time. One of the impediments to enforPleadings — Part Two · Source page ٨٠٣

  38. - أثر تمييز الحكم بسبب قضائه في الدفع

    Principle 4370A judgment’s disregard of a defence for which its proponent has submitted no evidence. Does not vitiate it. Reason therefor. - The effect of quashing the judgment because of its ruling on the plea:-Pleadings — Part Two · Source page ٨٠٣
  39. Principle 4371Quashing a judgment. Its effect. Its extinction, the erasure of its binding authority, and the lapse of the rights it established or gave rise to that were the subject of the quashed adjudication. Restoration of the procPleadings — Part Two · Source page ٨٠٣
  40. Principle 4372Cassation of the judgment. Its effect on the defendant's pleas previously rejected along with dismissal of the plaintiff's action. His right to invoke them before the Court of Cassation when it hears the new appeal. The Pleadings — Part Two · Source page
  41. Principle 4373Quashing the judgment in respect of its ruling on the plea. Entails quashing it in respect of its ruling on the merits of the action. The reason therefor: the judgment’s ruling on the plea is the basis for its proceedingPleadings — Part Two · Source page
  42. Principle 4374Quashing the judgment in respect of its ruling on the plea entails quashing it in respect of its ruling on the merits of the action. The rationale.Pleadings — Part Two · Source page
  43. Principle 4376Cassation of the judgment on the plea. Entails its cassation as to the remainder of its ruling. The condition thereof: that the ruling on the plea constitutes the basis for proceeding to determine the merits. - Pleas relPleadings — Part Two · Source page
  44. Principle 4377A plea of lack of jurisdiction over the judicial function or subject matter is a matter relating to public policy. It is deemed to exist and to be before the court even if the parties do not raise it.Pleadings — Part Two · Source page
  45. Principle 4378The rule of res judicata. Its relation to public policy. The implication thereof. The court may apply it of its own motion. The precedence of that binding authority over rules of public policy. - Legal grounds relating tPleadings — Part Two · Source page
  46. Principle 4379The petition for cassation filed by a public institution. It must be signed by a member of the Department of Legal Advice and Legislation. This concerns public policy. Contravention thereof. Its effect. Nullity of the apPleadings — Part Two · Source page
  47. Principle 4380Issuance of a judgment declaring bankruptcy. Its effect. No action may be brought by or against the bankrupt. The exception. Personal status actions, unless they involve financial claims, in which case the bankruptcy truPleadings — Part Two · Source page
  48. Principle 4381Grounds relating to public policy. The parties, the Public Prosecution and the court may raise them of their own motion in an appeal in cassation, even if they were not previously asserted before the court of merits or iPleadings — Part Two · Source page
  49. Principle 4384Invoking legal pleas for the first time before the Court of Cassation, even if they concern public policy. Its condition. Proof that, when deciding the action, the court of merits had before it all the factual elements ePleadings — Part Two · Source page
  50. Principle 4385The plea that the action is inadmissible for failure to submit the claim to ownership of the land at the time of planning. Its relation to public policy. It may be raised for the first time before the Court of Cassation,Pleadings — Part Two · Source page
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