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. إجراءات التنفيذ

    Principle 397Attachment of the debtor's property held by a third party. Failure of the attachment document to include a copy of the judgment or enforceable instrument pursuant to which attachment is levied, or the judge's authorizatiPleadings — Part Two · Source page ٧٩
  2. Principle 398Completion of the prescribed attachment procedures. Does not, in itself, remove the attached property from the ownership of the person against whom attachment is levied. Its implication. Attachment is a preliminary step Pleadings — Part Two · Source page ٧٩
  3. Principle 399Conducting auction procedures and the sale of real property, assessing the costs of enforcement procedures, including lawyers' fees, and serving notice of that assessment before the auction opens. Entrusted to the sales Pleadings — Part Two · Source page ٧٩
  4. Principle 400Appealing a judgment awarding an auction sale. Its cases. Article 277 of the Civil Procedure Code. They do not include invalidity of service at the sale or invalidity of the enforcement instrument. These must be invoked Pleadings — Part Two · Source page ٨٠
  5. Principle 401The sales judge's calling of the sale. Notification to those present at the hearing of the commencement of bidding and information to them of the property's price and expenses, including lawyers' fees, before opening thePleadings — Part Two · Source page ٨٠
  6. Principle 402Conducting the procedures for sale of real property, supervising their regularity and calling the sale. What is meant thereby. The sales judge’s assignment of the calling of the sale to the hearing clerk achieves the intPleadings — Part Two · Source page ٨٠
  7. Principle 403Conducting bidding on the basis of the price assessed by the expert in an earlier action. Does not invalidate the bidding procedures. The reason: it is an initial price capable of increase during bidding. - EstablishmentPleadings — Part Two · Source page ٨٠
  8. Principle 404Deposit by the person whose bid has been approved of the full price, expenses and registration fees while the sale hearing is in session. Its effect. The auction is awarded to that person, who is deemed the purchaser of Pleadings — Part Two · Source page ٨٠

  9. إجراءات المزايدة

    Principle 405Tender and deposit where the subject is money or another thing that can readily be delivered to the creditor at his original domicile or place of work without difficulty. Manner thereof: following the steps prescribed inPleadings — Part Two · Source page ٨١
  10. Principle 406Conducting procedures for the sale of real property, supervising their regularity, and conducting bidding. Entrusted to the sales judge. Calling out the sale. A procedure intended to inform those present at the hearing oPleadings — Part Two · Source page ٨١
  11. Principle 407Assessment of the costs of enforcement procedures, including attorneys' fees. Entrusted to the sales judge. This assessment must be announced at the hearing before the bidding opens and stated in the judgment awarding thPleadings — Part Two · Source page ٨١

  12. إجراءات تحفظية

    Principle 408Conducting the bidding procedures and sale of the real property, assessing the expenses of enforcement procedures, including legal fees, and giving notice of that assessment before opening the bidding. Entrusted to the sPleadings — Part Two · Source page ٨١
  13. Principle 409Issuance of a judgment declaring bankruptcy. Its consequence is that, from its date, the bankrupt is divested of the administration of all his assets, whether related to his business or not. The reason therefor. All his Pleadings — Part Two · Source page ٨٢
  14. Principle 410Travel ban. A preservatory or interim measure to prevent the debtor from fleeing before the creditor obtains an enforceable instrument. Its continuation until the debtor’s obligation to the creditor is extinguished. Its Pleadings — Part Two · Source page ٨٢
  15. Principle 411A co-owner in undivided ownership has the right to take the measures necessary to preserve the commonly owned thing if the managing co-owner fails to take them, without needing the consent of the remaining co-owners. ThiPleadings — Part Two · Source page ٨٢
  16. Principle 412Counterfeiting a trademark. The conservatory measure required to be taken by the trademark owner. Its restriction to seizure of tools and machinery used or potentially used in the counterfeiting process and the wrappers Pleadings — Part Two · Source page ٨٢
  17. Principle 413Any interested person and the trademark owner may obtain an order from the competent judge to take precautionary measures against any machinery or tools used to affix the trademark, as well as the products, goods and papPleadings — Part Two · Source page ٨٣
  18. Principle 414Issuance of a judgment declaring bankruptcy. Its effect. From its date, the bankrupt is divested of the administration of all his assets, whether connected with his trade or not. The reason: all his assets secure paymentPleadings — Part Two · Source page ٨٣
  19. Principle 415An action to establish a state of affairs. It ends as soon as the court completes the requested preservatory measure through the expert’s filing of the report. The court’s ruling that the action has ended. It does not coPleadings — Part Two · Source page ٨٣
  20. Principle 416Orders on petitions. They are orders issued by judges of interim matters, pursuant to their non-contentious authority, on petitions submitted to them by interested persons. Their issuance without reasons for an interim oPleadings — Part Two · Source page ٨٣

  21. دعوى إثبات الحالة

    Principle 417Issuance of a judgment declaring bankruptcy. Its effect. Divesting the bankrupt, from its date, of the administration of all his property, whether connected with his business or not. Reason therefor. All his property secPleadings — Part Two · Source page ٨٤

  22. شهر الإفلاس

    Principle 419An action to establish a state of affairs. Its purpose. Taking an interim measure among purely preservatory measures on which an interested party may rely before the court of merits to prove the claim against the other pPleadings — Part Two · Source page ٨٤
  23. Principle 421An application to declare the bankruptcy of a customer subject to Law 41 of 1993. Its effect. Prohibiting him from travelling. The nature of this prohibition. It is a conservatory measure. Its purpose and scope.Pleadings — Part Two · Source page ٨٥

  24. الوقف الاحتياطي

    Principle 422Issuance of a judgment declaring bankruptcy. Its effect: divesting the bankrupt, from its date, of administration of all his assets, whether related to his trade or not. The reason: all his assets secure payment of his dPleadings — Part Two · Source page ٨٥

  25. هيئة شئون القصر

    Principle 423Precautionary suspension. A conservatory measure available to the employer against the worker with the intention of keeping him away from the establishment. Its cases. The employer's right to exercise it from the date ofPleadings — Part Two · Source page ٨٥

  26. التظلم من تقدير أجر الحارس

    Principle 424Limiting the guardianship of Minors’ Affairs to minors. Does not prevent it from undertaking the administration of jointly owned property whenever the minor has a share therein and through its legal representation of himPleadings — Part Two · Source page ٨٦

  27. إجراءات تسوية

    Principle 425The receiver's remuneration. Part of the costs of the action. It is assessed by an order on petition issued by the urgent matters judge who appointed him. The assessment order and the judgment rendered on the grievance aPleadings — Part Two · Source page ٨٦

  28. إجراءات وقتية

    Principle 426The program for settlement of difficult contractual facilities. When a debt is considered covered by it. 10- Interim procedures:-Pleadings — Part Two · Source page ٨٦
  29. Principle 427Preventing the debtor from travelling. Its condition. That the creditor's right be certain in existence and due for payment.Pleadings — Part Two · Source page ٨٦

  30. بيوع

    Principle 428Grounds necessitating issuance of an order prohibiting the debtor from travelling and grounds for a grievance against it. Their assessment. Within the authority of - 86 - Civil Procedure - the judge issuing the order andPleadings — Part Two · Source page ٨٦
  31. Principle 429The person entrusted with conducting the procedures for sale of real property, supervising their regularity and undertaking the auction procedures is the sales judge. - Calling the sale. Its reason. - The sales judge’s aPleadings — Part Two · Source page ٨٧
  32. Principle 430Appeal against an auction-award judgment. When permissible for a defect in the bidding procedures or in the form of the judgment, or because it was issued without staying proceedings where their stay is legally mandatoryPleadings — Part Two · Source page ٨٧
  33. Principle 431Conducting bidding procedures and the sale of real property. Entrusted to the sales judge. Calling out the sale. Considered a procedure to inform those present of the commencement of the hearing. The judgment awarding thPleadings — Part Two · Source page ٨٧
  34. Principle 432The time limit for signing the original copy of the judgment. An organizational time limit. Its implication: no invalidity results from failure to observe it. - The sales judge's assignment of the court clerk to call outPleadings — Part Two · Source page ٨٧
  35. Principle 433The bankruptcy court. Its jurisdiction to issue permission to the Public Investment Authority, in its capacity as administrator of the creditors’ union, to sell the assets of the bankruptcy estate and deposit the sale prPleadings — Part Two · Source page ٨٨
  36. Principle 434Award of the auction in a forced sale. Its consequence. Transfer of ownership of the thing sold from the debtor or possessor to the successful bidder in return for the price paid. The auction purchaser has no concern witPleadings — Part Two · Source page ٨٨
  37. Principle 437Notarized instruments are enforcement instruments pursuant to which enforcement may be carried out. - Appealing a judgment awarding an auction sale. Its cases. Nullity of the procedures preceding the sale hearing is not Pleadings — Part Two · Source page ٨٩
  38. Principle 438Notarized instruments. Executory instruments pursuant to which enforcement may be carried out. Article 190 of the Civil Procedure Code. - Appeal against an auction-award judgment. Its cases. Article 277 of the Civil ProcPleadings — Part Two · Source page ٨٩
  39. Principle 439Appeal against an auction-award judgment. Its cases. An error in the name of the person served in the notice of sale. The means of invoking it. Raising it by a declaration at the registry of the court to which the sales Pleadings — Part Two · Source page ٨٩

  40. تثمين العقار

    Principle 441A final judgment. Is a judgment possessing the force of res judicata because it is not subject to challenge by ordinary methods of appeal, even if challenged by cassation or a petition for reconsideration. Article 273 ofPleadings — Part Two · Source page ٩٠
  41. Principle 442A public expropriation decision before issuance of Registration Law 5/1995 need not be registered for ownership to pass to the State. The procedures necessary therefor. Delay in registration until after Law 33/1964 came Pleadings — Part Two · Source page ٩٠
  42. Principle 443Adherence, in assessing compensation, to the assessments of the official Valuation Committee. Its prerequisite. Cases of expropriation and exchange, in the circumstances and manner prescribed by law. The administration'sPleadings — Part Two · Source page ٩٠

  43. - تسجيل الحقوق العينية العقارية الأصلية

    Principle 444The legislature surrounded expropriation procedures with sufficient safeguards to achieve the public interest and preserve the rights of the owners of properties subject to those procedures. Valuation of the property takPleadings — Part Two · Source page ٩٠
  44. Principle 445Instruments accepted to establish the root of title pursuant to Article 14 of the Real Estate Registration Law. What they are. - An application submitted by the interested person to the authority entrusted with registratPleadings — Part Two · Source page ٩٢
  45. Principle 446The addressee of Article 14 of Real Estate Registration Law No. 5 of 1959 is the authority entrusted with registration. No prejudice to the right of courts to adopt any evidence they find convincing when hearing an actioPleadings — Part Two · Source page ٩٢
  46. Principle 449The addressee of Articles 13, 14 of Registration Law No. 5/1959 is the authority entrusted with registration procedures. The effect thereof.Pleadings — Part Two · Source page ٩٢
  47. Principle 450The addressee of the provisions of Articles 13 and 14 of Law 5/1959 is the authority entrusted with registration procedures; thus, it alone is bound, when registering instruments, by what is contained therein and the eviPleadings — Part Two · Source page ٩٢
  48. Principle 451The Real Estate Registration Department is the sole entity addressed regarding adherence, in establishing ownership upon registration, to the possession records issued by the notary public. - 92 - PleadingsPleadings — Part Two · Source page ٩٢
  49. Principle 452The provisions of Articles 13 and 14 of Law 5/1959 are addressed to the authority entrusted with registration procedures. This does not prejudice the courts' right, when hearing actions to establish ownership, to accept Pleadings — Part Two · Source page ٩٣
  50. Principle 453The Real Estate Registration Department is the entity addressed concerning adherence, in proving ownership upon registration, to records of possession issued by the notary public. Its implication. No prejudice to the couPleadings — Part Two · Source page ٩٣
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