المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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

Search this collection

  1. - الاستخلاص السائغ

    Principle 1069Argument on the merits. May not be raised before the Court of Cassation. Example. The amount of maintenance.Pleadings — Part Three · Source page 169
  2. Principle 1070The judgment's reliance on another judgment previously rendered between some of the litigants in the action and deposited in its file as a document therein, in addition to other circumstantial evidence in the action. No Pleadings — Part Three · Source page 169
  3. Principle 1071The judgment’s conclusion, within the bounds of its discretionary authority, that the appellant’s failure in supply was the cause of the damage. Disputing that. A factual dispute.Pleadings — Part Three · Source page 169
  4. Principle 1072The judgment’s conclusion, within the limits of its discretionary authority, that the fault of one of the contracting parties is not absent. The challenge concerning this. Unfounded.Pleadings — Part Three · Source page 169
  5. Principle 1073The judgment's conclusion, within its discretionary authority, that the appellant's failure in supply caused the damage. Dispute over this is factual.Pleadings — Part Three · Source page 169
  6. Principle 1074The judgment’s conclusion refusing to consolidate actions because each is based on a separate contract. Does not vitiate it.Pleadings — Part Three · Source page 169
  7. Principle 1075Relying on the statements of witnesses heard by the expert as a presumption among other presumptions. No defect. - 169 - Civil ProcedurePleadings — Part Three · Source page 169
  8. Principle 1076Assessing the extent to which a notice to vacate includes the desire to terminate the lease. Falls within the trial court's authority. The condition for this.Pleadings — Part Three · Source page 170
  9. Principle 1077Understanding the facts of the action and inferring a contracting party's breach of his obligation. Within the authority of the court of merits. The condition for this.Pleadings — Part Three · Source page 170
  10. Principle 1078The judgment's conclusion, through a sound inference, that the benefit of granting the worker two travel tickets annually constitutes part of his wage. No defect.Pleadings — Part Three · Source page 170
  11. Principle 1079Lapse of proceedings. Its criterion. The plaintiff or appellant, by his act or omission, causing the action not to proceed for a year, whether intentionally or negligently. The basis for that. Article 95, Civil ProcedurePleadings — Part Three · Source page 170
  12. Principle 1080Practicing the banking profession. The criterion for its permissibility. By institutions taking the form of joint-stock companies whose incorporation decree authorizes them to do so. The basis for this. Contravention of Pleadings — Part Three · Source page 170
  13. Principle 1081The judgment ordering the appellant to pay full compensation because it concluded that fault on her part was established. Does not vitiate it. Example.Pleadings — Part Three · Source page 170
  14. Principle 1082Invalidity of a procedural act. Its instances. No ruling of invalidity, notwithstanding an express provision therefor, if the procedural act causes no prejudice to the litigant. Relevant prejudice. Its nature. AchievemenPleadings — Part Three · Source page 170
  15. Principle 1083The mother's entitlement to custody. Is the general rule. Its condition. - The subsistence of marriage between the father and mother requires the latter to reside in the matrimonial home without leaving it without his pePleadings — Part Three · Source page 171
  16. Principle 1084The judgment's basing its decision that the appellant's right to claim compensation had lapsed on his failure to bring the action within the statutory period prescribed in Article 33 of Law 3 of 1961, which is a forfeituPleadings — Part Three · Source page 171
  17. Principle 1085A ruling of nullity. Its condition. Actual prejudice to the party invoking it. - A ruling rejecting the plea of nullity of service of the statement of claim on a party because he appeared and presented his defence in thePleadings — Part Three · Source page 171
  18. Principle 1086Assessment of maintenance of its various kinds and its proportionality to the circumstances of the person obliged to pay it. A matter of fact independently determined by the court of the merits. The condition for this. APleadings — Part Three · Source page 171
  19. Principle 1087Assessing the evidence in the case and inferring the facts therefrom and the husband’s harm to his wife. Within the authority of the court of merits. The condition for that. - The judgment basing its ruling on what was ePleadings — Part Three · Source page 171
  20. Principle 1088Testimony covering all details of the fact sought to be proved. Not necessary. What suffices in this regard. - Differences between witnesses concerning some details do not vitiate the judgment if the court is satisfied wPleadings — Part Three · Source page 172
  21. Principle 1089Determining whether an insurance agency exists or not. A question of fact for the court of merits. Its condition. - The judgment's conclusion that the respondent was an insurance agent for the appellant and that her recePleadings — Part Three · Source page 172
  22. Principle 1090The challenged judgment's sound inference from the forensic medical report of the absence of professional fault on the part of the appellant's treating physician, and the absence from the papers of anything showing that Pleadings — Part Three · Source page 172
  23. Principle 1091The court of merits may examine the evidence and documents submitted in the action, discard what it does not find reliable even if plausible, and draw such inferences as it considers consistent with the facts of the actiPleadings — Part Three · Source page 172
  24. Principle 1092A change in circumstances or their remaining unchanged. Among the matters of fact independently assessed by the judge of the merits. The condition for this. An example.Pleadings — Part Three · Source page 172
  25. Principle 1093Ascertaining an understanding of the facts of the case and assessing the evidence. Within the authority of the court of merits. Following the litigants through their various statements and arguments and responding separaPleadings — Part Three · Source page 172
  26. Principle 1094Ascertaining the possibility of the spouses meeting, or the absence thereof, and the husband’s express or implied acknowledgment of filiation. A factual matter. Provided it is sound. An example concerning the establishmePleadings — Part Three · Source page 172
  27. Principle 1095The court of merits has authority to assess the documents submitted to it, give preference to what it finds convincing, and state the truth of which it is persuaded, so long as this is sound. Its following the litigants Pleadings — Part Three · Source page 173
  28. Principle 1096The judgment’s taking as the basis for its decree of divorce on grounds of harm that the spouses had litigated against each other before the courts in multiple actions, resulting in animosity between them. Reasonable.Pleadings — Part Three · Source page 173
  29. Principle 1097Admission. Its nature. - Assessment of an extrajudicial admission. Within the authority of the court of merits. It may regard it as conclusive evidence or deprive it of evidentiary force, provided that its ruling rests oPleadings — Part Three · Source page 173
  30. Principle 1099The judgment's reliance on sound reasons having an established basis in the papers and leading to the conclusion reached. Disputing the soundness of this inference. An argument on the merits. Inadmissible. - 173 - Civil Pleadings — Part Three · Source page 173
  31. Principle 1100The administrative decision that may be the subject of an annulment action. Its nature. Exchanges of information among administrative bodies do not, in themselves, generate legal effects, do not possess the constituent ePleadings — Part Three · Source page 174
  32. Principle 1101Inferring the existence or absence of the debtor's acknowledgment of the debt. A matter of fact. The judge of the merits independently determines it without review. Its condition. Basing his judgment on sound reasons capPleadings — Part Three · Source page 174
  33. Principle 1102A judgment basing its ruling on reasons that do not contravene the law or what is established in the record. Challenging it in this regard. Unfounded. Example.Pleadings — Part Three · Source page 174
  34. Principle 1103Death illness: among its criteria are that the illness be one in which death is probable, that the patient feels his end approaching, and that it ends in his death. It is not required that it have manifestly affected thePleadings — Part Three · Source page 174
  35. Principle 1104A sick man's divorce of his wife—in Maliki jurisprudence—followed by his death from that illness. Its necessary consequence. Her entitlement to inheritance whether or not she is in the waiting period. An example concerniPleadings — Part Three · Source page 174
  36. Principle 1105The damage which the person responsible for an unlawful act is obliged to compensate. Its nature. Inferring or negating the causal relationship between the unlawful act giving rise to liability and the damage. A matter oPleadings — Part Three · Source page 174
  37. Principle 1106Assessing the existence or absence of simulation, deriving presumptions, and examining evidence and documents are within the authority of the court of merits. The condition for this. Example concerning sound inference nePleadings — Part Three · Source page 175
  38. Principle 1107The contradiction that vitiates a judgment. Its nature. An example of a sound inference for rejecting a claim for compensation for deviation in the exercise of the right of recourse to the courts.Pleadings — Part Three · Source page 175
  39. Principle 1108Awarding compensation for material damage. Its criterion: impairment of a financial interest of the injured party and the damage being certain. Compensation for loss of opportunity. Its condition. The occurrence of damagPleadings — Part Three · Source page 175
  40. Principle 1109The court of merits. Its exclusive discretion to determine the identity of the subject matter in the two actions. Its condition. Basing its ruling on what sustains it and leads to the conclusion it reached. Example of soPleadings — Part Three · Source page 175
  41. Principle 1110Assessment of compensation. Within the authority of the judge of merits without review. Its condition. Basing the decision on sound reasons. Example.Pleadings — Part Three · Source page 175

  42. - قضاء القاضي بعلمه في الشئون العامة

    Principle 1111An acknowledgment made in another case. An extrajudicial acknowledgment. Assessment of its probative force is subject to the authority of the judge of merits, who may decline to adopt it according to the circumstances inPleadings — Part Three · Source page 175

  43. - مالا يُعد مخالفاً للثابت بالأوراق

    Principle 1114Private housing prices being unaffected by the brutal Iraqi invasion of the country. Knowledge thereof. Is not among matters of general knowledge presumed known to everyone. A judge may rule on the basis of what he derivPleadings — Part Three · Source page 176
  44. Principle 1115What the judgment reasonably deduced from what the wording of the bill of lading supports, capable of leading to the conclusion it reached without contradicting what is established in the papers. The challenge thereto isPleadings — Part Three · Source page 176
  45. Principle 1116What the judgment soundly inferred without contravening the law or the facts established in the papers, providing a sufficient answer to the litigant's defense and leading to the conclusion reached. Criticism thereof. AnPleadings — Part Three · Source page 176
  46. Principle 1117The judgment's findings and the sound reasoning it sets out address the appellant's defence, include a sufficient response to it, and lead without error to the conclusion reached. Challenging it. Argument on the merits.Pleadings — Part Three · Source page 176

  47. - مالا يعد تناقضاً

    Principle 1118Basing the judgment on matters having a basis in the papers and explaining its conclusion without contravening the law. Challenging it. Places it beyond the review of the Court of Cassation. - 176 - Civil Procedure - WhaPleadings — Part Three · Source page 176
  48. Principle 1120Contradiction in the grounds of the first-instance judgment, of which the challenged judgment adopted only what did not conflict with its own stated grounds. No contradiction.Pleadings — Part Three · Source page 177
  49. Principle 1121Stating that the injured party’s boat was repaired, and well repaired, does not contradict the judgment’s adoption of the expert’s report that the fire diminished its value and the judgment’s reliance on that diminution Pleadings — Part Three · Source page 177
  50. Principle 1122A judgment resting on the basis of the custodian's liability. Its adoption of the reasons of the first-instance judgment containing legal propositions concerning liability for personal acts and the rules governing the cuPleadings — Part Three · Source page 177
PreviousPage 20 of 75Next