المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. - ضوابط عامة في التسبيب

    Principle 497A judgment must be based on clear, manifest grounds untainted by ambiguity, obscurity or deficiency and founded on material having an established basis in the record. - 96 - Civil ProcedurePleadings — Part Three · Source page 96
  2. Principle 498A claim or defence whose determination is unequivocally requested. The court of merits must answer it with specific, effective reasons. Reason thereof.Pleadings — Part Three · Source page 97
  3. Principle 499A plea of inadmissibility is a matter preliminary to determination of the merits. Whenever the court considers joining them together, it must alert the litigants to present their defence on the merits of the litigation. Pleadings — Part Three · Source page 97
  4. Principle 500Giving reasons for a judgment. Its manner and the condition for its validity. It must state the factual reasons justifying its ruling in a manner revealing its grasp of the facts. The Court of Cassation may review the juPleadings — Part Three · Source page 97
  5. Principle 502The judgment's discussion of each non-statutory presumption advanced by the litigants. Not required. The condition therefor.Pleadings — Part Three · Source page 97
  6. Principle 503The appellate court's affirmance of the first-instance judgment. Its implication. It adopted those grounds of that judgment which do not conflict with its own grounds.Pleadings — Part Three · Source page 97
  7. Principle 504The appellate judgment's reference to the reasons of the first-instance judgment in respect of what it affirmed. This being confined to what was appealed. Example.Pleadings — Part Three · Source page 97
  8. Principle 505Matters relating to religious belief. Rulings thereon are based on the acknowledgment expressed in words. Its condition. The apparent circumstances must not belie it. The judiciary may not examine its motives, but may exPleadings — Part Three · Source page 97
  9. Principle 506Contradiction of what is established in the documents that invalidates the judgment. Its nature: basing it on an erroneous understanding of what is established in the documents or on a distortion of them.Pleadings — Part Three · Source page 98
  10. Principle 507The defense to which the court is obliged to respond. It is that which rests on a valid basis or relies on a material consideration.Pleadings — Part Three · Source page 98
  11. Principle 509The judgment’s conclusion that a litigant is liable for damages arising from a malicious, unlawful exercise of the right to litigate. It must set out the factual elements and circumstances that occurred from which it infPleadings — Part Three · Source page 98
  12. Principle 510Deriving an understanding of the facts of the action from its papers and documents and the evidence and presumptions submitted. Within the authority of the trial court. Its condition. Giving reasons for its judgment in aPleadings — Part Three · Source page 98
  13. Principle 511A settlement record may not be authenticated unless both litigants appear before the judge and acknowledge it. This does not preclude treating the signed settlement record as an instrument upon which judgment may validlyPleadings — Part Three · Source page 98
  14. Principle 512The material defence that the court of merits must address. Its nature.Pleadings — Part Three · Source page 98
  15. Principle 513The relief sought by which the dispute is defined and to which reference must be made to ascertain whether the judge ruled upon what the litigants requested, exceeded it, or omitted part of it. What matters in the judgmePleadings — Part Three · Source page 98
  16. Principle 514The appellant’s institution of an action seeking a judgment obliging the two respondents jointly and severally to compensate him for the damage he sustained through deprivation of the returns from operating his taxi owinPleadings — Part Three · Source page 99
  17. Principle 515The reasons on which the court bases its ruling concerning its jurisdiction to hear the action. They acquire res judicata effect only in respect of that ruling. They do not extend to the court's examination and verificatPleadings — Part Three · Source page 99
  18. Principle 516Filing a copy of an expert's report from a previous action. The court may rely on it as a document in the action before it, and the litigants may contest its significance. Joining the file of the previous action to the pPleadings — Part Three · Source page 99
  19. Principle 517The criterion for the validity of a judgment’s reasoning. - Contradiction of what is established in the papers requiring cassation of the judgment. Its nature: either through positive conduct by distorting what is materiPleadings — Part Three · Source page 99
  20. Principle 518The litigants’ submission of their action to the judge. Effect. He must ascertain, even of his own motion, the rule of law governing its facts and apply that rule to them.Pleadings — Part Three · Source page 99
  21. Principle 519A judgment may be relied upon in any other action, not as a judgment having binding authority, but as a presumption. - The proposition that the trial court independently assesses judicial presumptions and discards those Pleadings — Part Three · Source page 99
  22. Principle 520The material defense that the trial court must address. It is the defense which, if valid, may change the view taken of the action, being founded on a fact established by evidence in accordance with the rules laid down fPleadings — Part Three · Source page 100
  23. Principle 521The right of defence. Its requirements include enabling a litigant to respond to the documents and evidence submitted by his opponent, in a manner that fulfils the adversarial principle and observes the fundamental rulesPleadings — Part Three · Source page 100
  24. Principle 522The court must address a document that affects the action and state its view thereof.Pleadings — Part Three · Source page 100
  25. Principle 523Validity of judgments. Its condition. Their being founded on reasons that examine and scrutinize every material claim or defence capable of affecting the determination of the case.Pleadings — Part Three · Source page 100

  26. - الخطأ القانوني الغير مؤثر في الحكم وانتهائه إلى النتيجة الصحيحة

    Principle 524Provisions of laws and equivalent ministerial decisions. The general rule is that they apply only to what occurs from their effective date and have no effect on what occurred before them. The effect of this. When examiniPleadings — Part Three · Source page 100
  27. Principle 525Legal errors in the grounds of a judgment. They are immaterial. The reason therefor. Its operative part accords with the correct application of the law. - 100 - Civil ProcedurePleadings — Part Three · Source page 100
  28. Principle 528A judgment is not invalidated by errors of law contained in its reasons. The Court of Cassation may correct them without quashing it.Pleadings — Part Three · Source page 101
  29. Principle 529The judgment’s reliance on a law other than the law applicable to the facts of the action. Does not vitiate it provided it reaches the correct result. The Court of Cassation may correct this error without quashing the juPleadings — Part Three · Source page 101
  30. Principle 530Applying the rule of law to the facts of the action is incumbent upon the trial court. It must ascertain that rule of its own motion. Its reaching a correct result on erroneous legal grounds. The Court of Cassation must Pleadings — Part Three · Source page 101
  31. Principle 531Erroneous legal propositions that do not affect the correct outcome. They do not vitiate the judgment. An example. Attributing binding authority to a judgment to which some of the appellants were parties, without giving Pleadings — Part Three · Source page 101
  32. Principle 532The judgment's reaching the legally correct result. Erroneous legal statements. Do not render it defective. The Court of Cassation may correct its reasons without quashing it.Pleadings — Part Three · Source page 101
  33. Principle 533An error in the legal basis of what the judgment decided does not vitiate it so long as its operative part accords with the correct application of the law. - 101 - Civil ProcedurePleadings — Part Three · Source page 101
  34. Principle 534Legal errors that have no effect on the judgment’s correct result. The Court of Cassation must correct them without quashing the judgment.Pleadings — Part Three · Source page 102
  35. Principle 535The judgment's reaching the correct result. Error in its legal propositions. Does not render it defective. The Court of Cassation may supplement deficiencies in the statement of its legal grounds without quashing it.Pleadings — Part Three · Source page 102
  36. Principle 536Legal errors in the reasons for the judgment. They do not vitiate it where its operative part accords with the correct application of the law.Pleadings — Part Three · Source page 102
  37. Principle 537Erroneous legal statements. Do not render the judgment defective. The Court of Cassation may correct them without quashing the judgment.Pleadings — Part Three · Source page 102
  38. Principle 538A legal error that does not affect the correct result reached by the judgment. Does not vitiate it.Pleadings — Part Three · Source page 102
  39. Principle 539Erroneous legal reasons. Do not vitiate the judgment. The Court of Cassation may correct them without quashing the judgment. Example.Pleadings — Part Three · Source page 102
  40. Principle 540An erroneous statement of law that does not affect the correct conclusion reached by the judgment. Challenging it. Ineffectual.Pleadings — Part Three · Source page 102
  41. Principle 541An erroneous statement of law that does not affect the soundness of the judgment. A challenge directed against it is ineffectual. Example. The Court of Cassation may correct the error and restore its proper characterizatPleadings — Part Three · Source page 102
  42. Principle 542The judgment reaching a correct result. Errors or deficiencies in its reasons do not vitiate it. A ground of challenge directed at those reasons is inadmissible. - 102 - Civil ProcedurePleadings — Part Three · Source page 102
  43. Principle 543The court's obligation to ascertain the legal rule applicable to the action even if the litigants have not drawn its attention to it. An error of law in the judgment while its result is sound. The Court of Cassation may Pleadings — Part Three · Source page 103
  44. Principle 544The judgment reaching the correct outcome. Legal errors occurring in its reasons do not vitiate it.Pleadings — Part Three · Source page 103
  45. Principle 545Deficiency in the legal reasons or superfluous elaboration with erroneous legal reasons. Does not invalidate the judgment. The Court of Cassation may correct them. A challenge directed at them. Ineffectual.Pleadings — Part Three · Source page 103
  46. Principle 546The judgment's reaching the correct result. Legal errors in its reasons. Do not vitiate it. The Court of Cassation may correct them without quashing it.Pleadings — Part Three · Source page 103
  47. Principle 547An error in superfluous legal reasons added by the judgment that does not affect its outcome does not invalidate it where its outcome is sound. A challenge directed at those reasons is of no avail. Example.Pleadings — Part Three · Source page 103
  48. Principle 548A judgment's application of another law does not vitiate it so long as it reaches the correct result. A challenge on that basis is ineffectual.Pleadings — Part Three · Source page 103
  49. Principle 549The judgment’s erroneous legal statements. Do not vitiate it so long as they did not affect the correct result it reached. Example concerning study missions.Pleadings — Part Three · Source page 103
  50. Principle 550The judgment's citation of the statutory article applicable to the facts. Its sufficiency. Its citation of an article inapplicable to the dispute does not render it defective.Pleadings — Part Three · Source page 103
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