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

    Principle 552An error in the reasons for the judgment that does not affect the correct outcome reached. It does not vitiate it. The Court of Cassation may correct this error without quashing the judgment.Pleadings — Part Three · Source page 104
  2. Principle 553The res judicata effect of a first-instance judgment is suspended as soon as it is challenged on appeal. If it is upheld, it becomes final and acquires the force of res judicata; if it is reversed or annulled, whatever rPleadings — Part Three · Source page 104
  3. Principle 554The judgment's reaching the correct result in accordance with the correct law. A challenge concerning what had no effect on its result. An unfounded challenge.Pleadings — Part Three · Source page 104
  4. Principle 555An error of law in the judgment’s reasons does not vitiate it so long as that error had no effect on the correct outcome it reached.Pleadings — Part Three · Source page 104
  5. Principle 556Errors of law in the judgment do not vitiate it, provided they did not affect the correct conclusion it reached. The Court of Cassation may correct them without quashing it.Pleadings — Part Three · Source page 104
  6. Principle 557A judgment's reaching the legally correct result. Erroneous statements of law. They do not vitiate it. The Court of Cassation may rectify and supplement them. A challenge to it concerning them. Ineffectual.Pleadings — Part Three · Source page 104
  7. Principle 558The judgment reaching a sound result. Its inclusion of erroneous legal reasons or application of an inapplicable article. Does not invalidate it. The Court of Cassation may correct them without quashing it.Pleadings — Part Three · Source page 104
  8. Principle 559The judgment's reaching a legally correct result. Legal errors contained in its grounds do not render it defective, and the Court of Cassation may correct it without quashing it. - 104 - Civil ProcedurePleadings — Part Three · Source page 104
  9. Principle 560The judgment reaching a correct outcome. Its stating erroneous reasons concerning the true relationship between the parties to the litigation. This does not vitiate it. The Court of Cassation may correct those reasons wiPleadings — Part Three · Source page 105
  10. Principle 561The judgment's reaching the legally correct result. Errors contained in its reasons do not render it defective. Rationale thereof.Pleadings — Part Three · Source page 105
  11. Principle 562Errors of law in the judgment's reasons do not vitiate it. The condition therefor. The Court of Cassation may correct those reasons without quashing it.Pleadings — Part Three · Source page 105
  12. Principle 563Erroneous statements contained in the grounds of a judgment. They do not vitiate it where the result it reached is correct.Pleadings — Part Three · Source page 105
  13. Principle 564The judgment resting on independent grounds. The judgment standing on one of them. Challenging it on the others. Ineffective. Example.Pleadings — Part Three · Source page 105
  14. Principle 565Basing the judgment on two independent grounds. Its being soundly based on one of them. Challenging it with respect to the other. Ineffectual. Example.Pleadings — Part Three · Source page 105
  15. Principle 566The operative part of a judgment that accords with the correct application of the law. Legal errors contained in its reasons do not affect its soundness. The Court of Cassation may correct the error occurring therein witPleadings — Part Three · Source page 105
  16. Principle 567Admission of an objection by a person outside the proceedings. Its condition. The objector must establish fraud, collusion or gross negligence by the person who represented him and a causal relationship between that and Pleadings — Part Three · Source page 105

  17. - الخطأ المادي الغير مؤثر في فهم مراد الحكم

    Principle 568The judgment's reaching the correct result. Incorrect legal pronouncements therein do not vitiate it. - A clerical error that does not affect understanding of the judgment's intended meaning:-Pleadings — Part Three · Source page 106

  18. - الاستطراد الزائد عن حاجة الحكم

    Principle 569A clerical error that does not affect understanding of the judgment’s intended meaning. Does not vitiate it. Example. - Digression beyond what the judgment requires:-Pleadings — Part Three · Source page 106
  19. Principle 572Incorrect statements of law in the reasons for the judgment. Do not vitiate it, provided they did not affect the correct conclusion on which it based its ruling.Pleadings — Part Three · Source page 106
  20. Principle 574An error in one of the items of evidence cited does not prejudice the judgment. The reason therefor. The judgment did not adopt it as a basis for its ruling.Pleadings — Part Three · Source page 106
  21. Principle 576A judgment being based on a ground sufficient to support it. Challenging its other grounds. Ineffectual. Example. - 106 - ProceduresPleadings — Part Three · Source page 106
  22. Principle 577A judgment resting on a basis sufficient to sustain it. Challenging its other bases. Ineffectual. An example.Pleadings — Part Three · Source page 107
  23. Principle 578Superfluous reasoning in a judgment exceeding what is needed for its ruling. Alleging error therein. Of no avail.Pleadings — Part Three · Source page 107
  24. Principle 581Error in superfluous statements in a judgment which remains sound without them. Does not impair its validity.Pleadings — Part Three · Source page 107
  25. Principle 582Superfluous statements in a judgment which remains sound without them. Do not invalidate it. Challenging them. Ineffectual and of no avail.Pleadings — Part Three · Source page 107
  26. Principle 583What a judgment adds superfluously by way of hypothesis, which it did not need and without which it remains sound. Does not detract from its validity.Pleadings — Part Three · Source page 107
  27. Principle 584Digressions in the judgment beyond what it requires. Challenging them. Ineffectual.Pleadings — Part Three · Source page 107
  28. Principle 585What the judgment sets out sufficiently to support its ruling. Superfluous statements beyond that. Do not vitiate it. Example.Pleadings — Part Three · Source page 107
  29. Principle 586Superfluous elaboration without which the judgment stands. Challenging it. Ineffectual. Example.Pleadings — Part Three · Source page 107
  30. Principle 587A superfluous statement exceeding the needs of the judgment, which stands without it and whose foundation it does not affect. A challenge directed at it. Misplaced.Pleadings — Part Three · Source page 107
  31. Principle 588Challenging the judgment for its digression into discussion of an issue previously determined by a judgment having the force of res - 107 - Civil Procedure judicata. An unnecessary digression without which the judgment sPleadings — Part Three · Source page 107
  32. Principle 589What the judgment adds by way of an assumption for argument's sake. Error therein. Does not detract from its soundness. Example.Pleadings — Part Three · Source page 108
  33. Principle 590Superfluous matter in the judgment without which it remains sound. It does not vitiate it. Challenging it is ineffectual.Pleadings — Part Three · Source page 108
  34. Principle 591Understanding the facts of the action, assessing the evidence and weighing it are within the authority of the court of merits. Its condition. - Matters upon which the judgment elaborates beyond what it requires and withoPleadings — Part Three · Source page 108
  35. Principle 592A superfluous digression without which the judgment stands. A challenge concerning it. Ineffective.Pleadings — Part Three · Source page 108
  36. Principle 593Digression beyond what the judgment requires, without which it remains sound. Does not vitiate it. A challenge based on it. Inadmissible.Pleadings — Part Three · Source page 108
  37. Principle 595An error in superfluous matter in the judgment without which it remains sound. Challenging it in that respect. Unfounded.Pleadings — Part Three · Source page 108
  38. Principle 596Matters stated in the judgment that are superfluous and unnecessary to its adjudication. A challenge thereto. Ineffectual. Example.Pleadings — Part Three · Source page 108
  39. Principle 597Superfluous statements in the judgment concerning matters it was not requested to adjudicate do not acquire res judicata effect. The effect thereof. A challenge thereto is inadmissible.Pleadings — Part Three · Source page 108
  40. Principle 598The judgment’s digression to reinforce its viewpoint. Ineffectual where its adjudication remains sound without it. - 108 - Civil ProcedurePleadings — Part Three · Source page 108
  41. Principle 600Superfluous elaboration in the judgment, which stands without it. Does not vitiate it and serves no purpose. Example.Pleadings — Part Three · Source page 109
  42. Principle 603Challenging a judgment in respect of its incidental observations. Ineffectual where its ruling is based on grounds sufficient to support it. Example.Pleadings — Part Three · Source page 109
  43. Principle 604The judgment's reliance on the appellant's statements in another action as one presumption among others that he pronounced divorce three times while mindful of what he was saying. The judgment's conclusion that this divoPleadings — Part Three · Source page 109
  44. Principle 605Superfluous elaboration in the judgment on matters upon which it digressed and without which it remains sound. Challenging it. Ineffectual.Pleadings — Part Three · Source page 109
  45. Principle 606The judgment's ruling that the appeal has lapsed because it was filed after the time limit. Its response to the plea of nullity of the statement of claim. Superfluous matter without which it stands. A challenge to it in Pleadings — Part Three · Source page 109
  46. Principle 608A ruling that the action may not be heard because it has previously been adjudicated. The judgment need not address the plea of unconstitutionality of the Amiri Order. - A digression beyond what the judgment requires, wiPleadings — Part Three · Source page 109
  47. Principle 609A judgment's statement in its grounds that the Hanbali school governs the dispute because both spouses are Saudi nationals. It does not conflict with its superfluous statement that the position adopted by Kuwaiti law regPleadings — Part Three · Source page 110
  48. Principle 611The judgment’s digression to reinforce its viewpoint. Challenging it. Ineffective provided its ruling stands without it.Pleadings — Part Three · Source page 110

  49. - الالتفات عن طلب التأجيل أو الإعادة للمرافعة

    Principle 613Assessing whether or not to grant a request to reopen the action for oral argument. Within the authority of the trial court. The court's failure to examine that request and the document attached thereto or to refer to thPleadings — Part Three · Source page 110
  50. Principle 614A request to reopen pleadings in the action. The court is not obliged to grant it. Disregarding it and omitting reference to it. This does not vitiate the judgment.Pleadings — Part Three · Source page 110
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