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. - إغفال الرد على طلب أو دفاع غير مؤثر أو غير جوهري

    Principle 827Omission of a response to a defence that does not affect the result reached by the judgment. Does not constitute inadequacy of reasoning. The reason therefor. The court is obliged to respond only to a material defence caPleadings — Part Three · Source page 137
  2. Principle 828A judgment's omission to respond to a defense that does not affect the conclusion it reached. Does not vitiate it. The reason for this. - 137 - ProcedurePleadings — Part Three · Source page 137

  3. مبينة بمذكرات الخصوم

    Principle 829Omission to respond to a defence that does not affect the outcome reached by the challenged judgment. Does not constitute inadequate reasoning. The reason for this. An example of what does not constitute inadequate reasoPleadings — Part Three · Source page 138
  4. Principle 830Failure to state the texts of documents whose significance the judgment rejected, merely referring to them. It does not vitiate it, so long as they were set out in the litigants' memoranda.Pleadings — Part Three · Source page 138

  5. سليم

    Principle 831The judgment’s failure to quote the texts of the documents on which it relied. Does not vitiate it provided they are set out in the litigants’ memoranda. Reference to them suffices. - Failure to answer a defence that is Pleadings — Part Three · Source page 138
  6. Principle 833The court of merits' basing its ruling on sound reasons. Its implication. It is not obliged to follow the appellant through his various statements and arguments and respond to them separately. Sufficiency of an implicit Pleadings — Part Three · Source page 138
  7. Principle 834Assessing the evidence and documents submitted in the action falls within the trial court's authority. The import thereof. Following the litigants through their various statements and arguments and responding to them sepPleadings — Part Three · Source page 138
  8. Principle 835The court of merits basing its judgment on what is valid and sufficient. Its implication. It is not obliged to follow the litigants through their various statements and arguments and respond to them separately. SufficienPleadings — Part Three · Source page 139
  9. Principle 836A litigant's insistence on referring the action for evidentiary investigation. His subsequent submission of memoranda in which he did not maintain that request, followed by his submission of a memorandum containing an inPleadings — Part Three · Source page 139
  10. Principle 837The request by which the court is bound. An express, unequivocal request. What does not qualify as such. Disregarding it. Does not vitiate the judgment.Pleadings — Part Three · Source page 139
  11. Principle 840A claim or defense that has no sound basis in fact or law or does not rest on a material consideration capable of changing the view taken of the action. Disregarding it. No deficiency.Pleadings — Part Three · Source page 139
  12. Principle 841The court is not at fault for disregarding a defence lacking seriousness. Example: reliance on a translation of a copy of a document. Attributed to the appellant.Pleadings — Part Three · Source page 139
  13. Principle 842An unfounded plea. Failure to respond to it. Does not vitiate the judgment. An example. A plea alleging the invalidity of the expert’s work for failure to record the particulars concerning inspection of aerial photographPleadings — Part Three · Source page 139
  14. Principle 843The decisive oath belongs to the litigant, not the judge. The rationale for its enactment. The extent of the judge’s obligation to tender it. Inferring abuse in tendering it. A matter of fact. Basing the judgment refusinPleadings — Part Three · Source page 139
  15. Principle 844The defence to which the court of merits is obliged to respond. Its nature. - An immaterial defence. The judgment's disregarding it and not responding to it in its reasons does not vitiate it.Pleadings — Part Three · Source page 140
  16. Principle 845The ministerial decision increasing the consideration for use of industrial plots is not an administrative decision. It has no immunity barring judicial review. - No fault attaches to a judgment for omitting to respond tPleadings — Part Three · Source page 140
  17. Principle 846The defence whose lack of a response renders the judgment inadequately reasoned. It is a material defence which, if sound, would change the determination of the case. Failure to respond to a defence far removed from the Pleadings — Part Three · Source page 140
  18. Principle 847A judgment's reliance on another judgment rendered by the court on the same day in an action brought between the same litigants. No defect.Pleadings — Part Three · Source page 140
  19. Principle 848The judgment's non-reliance on the statements made by the female respondent in the action for rescission and invalidation of the marriage contract as a judicial admission. Criticism of the judgment in this respect is misPleadings — Part Three · Source page 140
  20. Principle 849Appointment of the two arbitrators is linked to the court's inability to effect reconciliation, without requiring repetition of the wife's complaint. - A ground of challenge that has no object in the ruling of the challePleadings — Part Three · Source page 140
  21. Principle 850A defense for which no evidence has been submitted. The trial court may disregard it. An example.Pleadings — Part Three · Source page 140
  22. Principle 851The judgment rendered on a grievance against a precautionary attachment order. An interim judgment having no res judicata effect before the judge of merits. - An ineffective defense. Failure to respond to it does not vitPleadings — Part Three · Source page 140
  23. Principle 852An unsupported defence for which its proponent submitted no evidence. The judgment's refraining from responding to it. Does not vitiate it. Example.Pleadings — Part Three · Source page 141
  24. Principle 854A loan is commercial if its purpose is to spend the borrowed sums on commercial activities. What matters in this regard is the borrower's apparent intent at the time of contracting, not the ultimate use of the sums. The Pleadings — Part Three · Source page 141
  25. Principle 855Treating the action or appeal as if it had never existed. Discretionary for the court. Its condition. That the delay in service, whether intentional or negligent, be attributable to the act of the plaintiff or appellant,Pleadings — Part Three · Source page 141
  26. Principle 856A manifestly unsound defense. The judgment’s failure to respond to it or inadequacy in responding to it. Does not vitiate it.Pleadings — Part Three · Source page 141
  27. Principle 857A defense already adjudicated in a previous judgment. Not reexamining it again. No defect.Pleadings — Part Three · Source page 141
  28. Principle 858A defense that is manifestly invalid or lacks a sound legal basis. Failure to respond to it does not vitiate the judgment. - 141 - ProcedurePleadings — Part Three · Source page 141
  29. Principle 859A defence that rests on no sound legal basis. Failure to respond to it does not vitiate the judgment.Pleadings — Part Three · Source page 142
  30. Principle 862The court is bound by the litigants' claims in the action. The record contains nothing indicating that the appellants maintained a request to restore the contracting parties to the position they occupied when contractingPleadings — Part Three · Source page 142
  31. Principle 863Taking into account any pension or gratuity awarded to the injured person when assessing compensation. There is no basis for doing so unless it was awarded exceptionally as the damage forming the subject of compensation.Pleadings — Part Three · Source page 142
  32. Principle 865The appellant's submission of a copy of the expert's report deposited in the file of the action requested to be joined. Challenging the judgment for disregarding that request. Ineffectual. The judgment's failure to respoPleadings — Part Three · Source page 142
  33. Principle 866A defence not founded on a sound basis in fact or law. Disregarding it. No defect. An example.Pleadings — Part Three · Source page 142
  34. Principle 867A request to stay enforcement proceedings against real property. An interim enforcement dispute. The authority competent to hear it. The judge of urgent matters and the court of merits if brought before it as an ancillarPleadings — Part Three · Source page 142
  35. Principle 871Exemption from the creditor's serving formal notice on his debtor. Its case and conditions. Example of a manifestly invalid defence.Pleadings — Part Three · Source page 143
  36. Principle 872Original nationality. Its nature and when it is established. - A judgment disregarding a response to a defense that does not affect the correct conclusion it reached. Challenging it for deficiency. Ineffectual. Example.Pleadings — Part Three · Source page 143
  37. Principle 873An objection alleging invalid service of the statement of claim. Inadmissible, so long as the judgment did not rely on that service in its ruling. - A ruling that a litigant’s right to raise a plea has lapsed has the samPleadings — Part Three · Source page 143
  38. Principle 875A judgment's failure to respond to a defense having no basis in law. It does not vitiate it. Its condition.Pleadings — Part Three · Source page 143
  39. Principle 877Assigning a chamber of the Court of Appeal to hear appeals in rental cases does not prevent it from hearing other matters. Reason. Exceeding the allocation of work among the court’s chambers does not entail - 143 - CivilPleadings — Part Three · Source page 143
  40. Principle 879The claimant's right to discontinue his action. Its condition. Article 99/1, Civil Procedure. Discontinuance of the action after judgment has been rendered in it. Has no effect. - The judgment's failure to respond to a mPleadings — Part Three · Source page 144
  41. Principle 880Joining a person who was not a party to the action in which the appealed judgment was issued. Impermissible on appeal. - A judgment is not defective for failing to address a manifestly invalid defense.Pleadings — Part Three · Source page 144
  42. Principle 883A judge’s disqualification from hearing an action. Its grounds and their rationale. Absence of the circumstances necessitating disqualification. Its effect. The judge may hear and determine the action. Example. - A manifPleadings — Part Three · Source page 144
  43. Principle 884Interruption of the limitation period by the debtor's acknowledgment of the debt. Its condition. The acknowledgment must be made while the limitation period is running. This acknowledgment has no effect on limitation aftPleadings — Part Three · Source page 144
  44. Principle 885A judgment is not vitiated by disregarding a manifestly unsound defence or one devoid of evidence. An example. - 144 - Civil ProcedurePleadings — Part Three · Source page 144
  45. Principle 886A judgment's disregard of documents submitted by the appellant to demonstrate the respondent's certain knowledge of the appealed judgment before the appeal was filed. It does not vitiate it. This is considered a manifestPleadings — Part Three · Source page 145
  46. Principle 887Provisions of laws. Their application to what occurs from their effective date. The effect of the new law may not extend to procedures that occurred and situations that materialized before it came into force. - A proceduPleadings — Part Three · Source page 145
  47. Principle 889A defence not resting on a sound legal basis. The court of merits is not obliged to respond to it.Pleadings — Part Three · Source page 145
  48. Principle 890Prohibiting the connection of electricity to a building in which a violation of the license conditions occurs. Its purpose. The public interest and the interests of individuals. Establishment that the harm to these two iPleadings — Part Three · Source page 145
  49. Principle 891The court of merits is obliged to respond only to a defense resting on a sound basis.Pleadings — Part Three · Source page 145
  50. Principle 892The judgment's disregarding a manifestly invalid defence. Does not vitiate it. - 145 - Civil ProcedurePleadings — Part Three · Source page 145
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